Jurisdiction and proceedings
The Chamber is based in Tinsukia, Assam. The forum in which a matter is heard is determined by law, not by the location of the Chamber.
The Chamber’s base and the fora of representation
B.P. & Associates maintains its office in Tinsukia, Assam. That is where the Chamber is located and where clients may meet its advocates. It is a separate question from where a case is heard.
The court or authority competent to decide a matter is fixed by law: by where the cause of action arose or the parties reside, by the value and nature of the claim, and by the statute that governs it. Representation may therefore be undertaken in different fora, including outside Tinsukia, where it is legally and procedurally appropriate.
The Chamber does not maintain offices in other jurisdictions, and not every forum is available for every matter. Whether the Chamber can act in a particular forum is assessed matter by matter.
Courts and fora
- Trial CourtsThe courts of Judicial Magistrates and Civil Judges, before which most criminal cases and civil suits commence. Evidence is recorded and the record of the case is made at this stage.
- District CourtsThe principal civil court of the district, presided over by the District Judge, which hears suits within its pecuniary jurisdiction, civil appeals and matters assigned to it by particular statutes.
- Sessions CourtsCourts of Session try the more serious offences triable exclusively by them, and hear criminal appeals and revisions arising from the courts of Magistrates.
- High CourtsThe Gauhati High Court is the High Court for the State of Assam. High Courts exercise writ jurisdiction under Article 226, superintendence under Article 227, and appellate and revisional jurisdiction.
- Supreme Court of IndiaThe apex court, which hears appeals, special leave petitions and petitions under Article 32. Under the Supreme Court Rules, 2013, matters are filed through an Advocate-on-Record.
- Tribunals and quasi-judicial authoritiesSpecialised fora such as Motor Accidents Claims Tribunals, Consumer Commissions, the Debt Recovery Tribunal, the National Company Law Tribunal, labour courts, administrative tribunals and revenue authorities, each governed by its own statute and procedure.
Conditions that govern appearance
- Territorial jurisdictionWhether the court has authority over the place where the cause of action arose, the property is situated, the offence occurred or the parties reside.
- Subject-matter and pecuniary jurisdictionWhether the court or tribunal is empowered to decide that class of dispute and a claim of that value, or whether a special forum has exclusive jurisdiction.
- Enrolment and practice requirementsThe Advocates Act, 1961, the rules of the Bar Council of India and the State Bar Council, and the rules of the court concerned, including filing through an Advocate-on-Record in the Supreme Court.
- Procedural rulesLimitation, the form and manner of filing, and the rules of practice of the court or tribunal, which differ from forum to forum.
- Appointment and briefingIn certain fora, appearance depends upon a vakalatnama, an appointment by a party, or engagement alongside local or briefing counsel.
- Competence and conflictsWhether the matter falls within the practice and competence of the advocate concerned, and whether any conflict of interest prevents the Chamber from acting.
Matters outside Assam
Where a matter must be heard by a court or tribunal outside Assam, the Chamber will explain what this entails, including whether it can appear directly or whether the matter calls for arrangements with counsel practising in that forum. Such arrangements are discussed and agreed with the client before any step is taken.