Given PPT will be very informative and will give new information regarding FIR and PLAINT. FIR is First Information Report and plaint is a legal document which contains the written statement of the plaintiff's claim.
1. NAME – MEGHA SAXENA
NAME OF SCHOOL – SCHOOL OF LAW
CLASS – Ba. Llb (Hons.)
REGISTRATION NO. – 11915348
COURSE TITLE – ENGLISH
COURSE CODE – ENG148
SUBMITTED TO – Dr. DIGVIJAY PANDYA
3. WHAT IS AN FIR ?
• First Information Report (FIR) is a written document prepared
by the police when they receive information about the
commission of a cognizable offence.
• It is a report of information that reaches the police first in
point of time and that is why it is called the First Information
Report.
• It is generally a compliant lodged with the police by the victim
of a cognizable offence or by someone on his/her behalf.
• Anyone can report the commission of a cognizable offence
either orally or in writing to the police. Even a telephonic
message or a call can be treated as an FIR.
4. WHO CAN LODGE AN FIR ?
• Anyone who knows about the commission of a
cognizable offence can file an FIR. it is not necessary
that only the victim of the crime should file an FIR.
• A police officer who comes to know about a
cognizable offence can file an FIR himself/herself.
• You can file an FIR if :-
a) You are the person against whom the offence has been
committed.
b) You know yourself about an offence which has been
committed.
c) You have seen the offence being committed.
5. WHAT SHOULD YOU
MENTION IN THE FIR ?
• Your name and address.
• Date, time and location of the incident you are reporting.
• The true facts of an incident as they occurred.
• Names and descriptions of the persons involved in the
incident.
• REFUSAL TO REGISTER AN FIR IS AGAINST THE LAW.
6. WHAT IS ZERO FIR ?
• Zero FIR is that FIR which can be filed in any police station
irrespective of place of incident/jurisdiction and the same can
be later transferred to the appropriate police station.
• CASE – SATVINDER KAUR V. STATE GOVERNMENT
OF NCT - The Complainant had appealed in the supreme
court against the order of the high court, where high court
had quashed the FIR filed at Delhi Police Station by the
complainant. The supreme court held that, police can
investigate the case, which does not fall under their
jurisdiction.
7. WHAT IS PLAINT ?
• In CPC, plaint is a legal document which contains the written
statement of the plaintiff’s claim. A plaint is the first step
towards the initiation of a suit.
• A suit is instituted by presentation of plaint before the court.
A ‘plaint’ is written application made by plaintiff against
defendant seeking relief from the court.
• A plaint is pleading and should conform to the rules of
pleading.
• Along with plaint, plaintiff shall file documents on which he
relies for the relief.
8. WHAT PLAINT SHOULD CONTAIN ?
• The name of the court in which the suit is brought.
• The name, description and place of residence of the plaintiff.
• The name, description and place of residence of the defendant,
so far as they can be ascertained.
• Where the plaintiff or the defendant is a minor or a person of
unsound mind, a statement to that effect.
• The facts constituting the cause of action and when it arose.
• Plaint should contain those facts, which have constituted cause
of action.
• Plaint should contain plaintiff’s verification on oath.
• Plaint should contain statement of value of suject-matter of suit
not only for purpose of jurisdiction, but also for purpose of
court-fees.
9. REJECTION OF PLAINT
• Where it does not disclose a cause of action.
• Where the relief claimed is undervalued, and the plaintiff, on
being required by the court to correct the valuation within a
time to be fixed by the court, fails to do so.
• Where the relief claimed is properly valued, but the plaint is
written upon paper insufficiently stamped, and the plaintiff,
on being required by the court to supply the requisite stamp-
paper within a time to be fixed by the court, fails to do so.
• Where the suit appears from the statement in the plaint to be
barred by any law.
• Where it is not filed in duplicate.
• Where the plaintiff fails to comply with provisions of Rule 9
(fails to provide copies of plaint).
10. LANDMARK CASES ON
REJECTION OF PLAINT
• KALEPUR PALA SUBRAMANYAM V. TIGUTI VENKATA AIR 1971 AP
313 :- a plaint cannot be rejected in part and retained part under
this rule. It must be rejected as a whole.
• SOPAN SUKHDEO SABLE V. ASSTT. CHARITY COMMR. AIR 2004 SC
569 (572):- where the suit filed earlier was at the stage of
recording of evidence and an application under Order 7 Rule 11 of
the code was filed to delay the proceedings of the suit, the
application under Order 7 of the court was rejected.
• BIBHAS MOHAN MUKHERJEE V. HARI CHARAN BANERJEE AIR
1961 CAL 491 (FB):- an order rejecting a plaint is a decree and
hence is appealable.
