What is Convenience Note

As the name would indicate, a Convenience Note is one that is tendered before Court in any judicial or quasi proceeding, which makes job of the presiding Judge, Convenient, in the dispensation of justice.

The Hon’ble Apex Court, in a Criminal Appeal, arising out of an SLP (Criminal), in the Case of Kaushal Verma versus State of Chhatisgarh (Order dated 08.12.2020) had the occasion to whole heartedly praise the Standing Counsel for Chhatisgarh for tendering Synopsis of the Case in 2 pages “Convenience Note”, which gave snapshot of the entire Case, and assisted the Hon’ble Court in quickly appreciating the facts of the Case; and passing appropriate Order. The Hon’ble Court went on to direct the Registry that, “Note may be taken as the Standard Format by all the learned counsel appearing for various State Governments in this Court. The Registry may circulate copies of this Order to all the learned Standing Counsel for the States”.

A Convenience Note is a Written Note of Argument which the parties to the lis may tender to the Court, post or prior to their oral argument, or in lieu of oral arguments.

The concept of Convenience Note is not something new, and is well recognized under CPC, 1908 and CrPC, 1973, but the structure of the Note makes all the difference. The CPC, 1908, under Order 18 Rule 3-A, 3-B, 3-C, and 3-D; and CrPC, 1973 u/s 314, spells out provisions for Written arguments. Nevertheless, the Written Note of Arguments may be tendered in any hearing of the Application under Suit or in Criminal trial, or in any judicial or quasi-judicial proceeding, where the Court or the Tribunal or any Administrative Authority may be adjudicating upon some important rights of the parties before it.

Coming to structure of the Convenience Note, it all would depend on the nature and the stage of the proceeding in which it would be tendered. But, whatever be the format, two benchmark may be kept in mind whilst drafting a Convenient Note. (i) It must be such, that aptly spells out the material facts of the Case, and arrange the facts in orderly fashion. (ii) It must be such, that aptly crystallizes the issues, or the principal issue involved in the lis, and exactly pin point / spotlight the legal and factual material, from the records of the proceedings, which answers the issues that have emerged. In the abstract sense, a Convenience Note must be such, which appeals to the sense of justice, that, relief must be granted or that the relief must not be granted. Let us formulate the structure of Convenient Note for various nature of legal proceedings.

To start with, let us look at probable Headings of a Convenient Note in a Civil Suit trial, at the final stage of the proceedings. The Headings may include, and may start with (i) The nature of Suit: like for example, whether it is a Suit for Injunction or for specific performance of contract or Suit for price for goods sold and delivered, etc; (ii) Parties to the Suit: Locus of the Plaintiff, followed by brief introduction of the parties, and their inter se relationship; (iii) Description of the Suit property:, if the Suit seeking substantial relief as to declaration or injunction or possession of any immovable property; (iv) Jurisdiction of the Court:, briefly spelling out as how the Court has, or does not have the jurisdiction to entertain the present Suit; (v) Limitation:, spelling out as how the Suit is filed or not within limitation period; (vi) Reliefs Claimed: summarizing the principal and consequential reliefs claimed; (vii) Plaintiff’s Case: summarizing the whole Case of the Plaintiff, narrating crucial facts; (viii) Stand of Defendant in Written Statement: summarizing the defense of Defendant; (ix) Main issues framed: (x) Evidence led by Plaintiffs / Defendants: Eliciting documentary evidence led in support of Case, and further eliciting crucial statement made in Affidavit of Evidence remaining unchallenged in cross examination; or eliciting how the documents led in Evidence are inadmissible or are not proved in accordance to law, or eliciting the admissions made by Plaintiff / Defendant or their witnesses in cross examination or other admissions made; (xi) Compliance / Non-compliance to applicable Legal provisions; and Judgments relied upon: (xii) General submission on the whole Case: dealing with specific defenses / plea of the Defendant or dealing with specific contentions / plea of the Plaintiff: (xiii) Main points to be urged: Recapping of main points, legal and factual, whilst urging the Court to specifically deal with these points whilst recording finding on any fact; (xiv) Final submission: stating that, having regard to facts asserted, being proved / not proved / legally unsustainable, and the legal position, the Reliefs claimed for, must be granted / must not be granted; followed by Tabular List of dates and Events. The above Template / Headings may be used in any other Civil proceeding, including before any Statutory Tribunals, of course by making necessary and requisite changes.

Coming to probable Headings of a Convenient Note in a Civil Suit, at the Interim stage claiming Interim Reliefs. Taking hint from above, the Headings may include and may start with (i) The nature of Suit: (ii) Parties to the Suit: (iii) Description of the Suit property: (iv) Jurisdiction of the Court: (v) Cause of action or the alleged Cause of action: (vi) Interim Reliefs prayed for: (vii) Case of the Plaintiff: (viii) Stand of the Defendant: (ix) The main controversy to be dwelled upon by Court: (x) Prima facie Case / No Cause of action: stating how the material facts asserted and documents placed on record by Plaintiff, have remained undisputed, or, how facts asserted are false and frivolous, and documents led, are irrelevant or forged; (xi) Balance of convenience and irreparable injury test: spelling out as how the Plaintiff / Defendant would be disproportionately prejudiced if Interim reliefs not granted or are granted; (xii) Compliance / Non-compliance to applicable Legal provisions; and Judgments relied upon: (xii) General submission on the whole Case: (xiii) Main points to be urged: (xiv) Final submission; followed by Tabular List of dates and Events.

The Headings in a Writ Petition at the Admission stage may start with (i) Nature of Writ Petition, and the main relief prayed for: (ii) Parties to the Writ: (iii) Case in brief: (iv) Main grounds on which interference of the Writ Court is prayed for: that is, whether the Impugned act or Order is patently illegal / without jurisdiction / in violation of principles of natural justice, or any other serious illegality, going to the root of the matter; (v) No prejudice to Respondents if Reliefs prayed for, are granted (as may be applicable); (vi) Prevail of Rule of Law and element of public interest in Writs:.

The Headings in any Appellate forum, challenging Order of the subordinate Court / Forum, may start with (i) Nature of Appeal preferred: (ii) Parties to the Appeal (iii) Date of Impugned Order: (iv) Main grounds of challenge: whether on want of jurisdiction, or on limitation, or on merits of the Case, including patent illegality in applying law to the facts of the Case; (v) Findings or observations that ________, unsustainable in Law or on facts on record: (xii) Compliance / Non-compliance to applicable Legal provisions; and Judgments relied upon: (xii) General submission on the whole Case: (xiii) Main points to be urged: (xiv) Final submission:.

The Headings in Section 138 criminal prosecution may start with (i) Brief introduction of Complainant and each of the Accused; (ii) Jurisdiction of the Court: (iii) Limitation: (iv) Material facts of the case and the evidences that have come on record: (v) Statement of Accused u/s 313 and Evidence by Accused: (If any); (vi) Existence of Legally enforceable debt: (vii) Issuance of subject Cheque: (viii) Dishonour of Cheque (ix) Issuance and Receipt of statutory Notice by Accused: (x) Non compliance with Notice: (xi) Misleading / contradicting defense / stand of Accused: (xii) Vicarious liability of Accused: (xiii) Mandate of Section 139: (xiv)  Judgments relied upon: (xv) General submission on the whole Case: (xiii) Main points to be urged: (xiv) Final submission:

The Headings in any Application in Civil Suit or Criminal prosecution, may include: (i) Nature of Application: (ii) Nature of Suit / Criminal prosecution: (iii) Reliefs prayed for in the Application: (iv) The reasons and grounds for taking out Application: (v) Stand of the Adversary: (vi) Compliance / Non-compliance to applicable Legal provisions; and Judgments relied upon: (vii) General submission on the whole Case: (viii) Main points to be urged: (ix) Final submission:.

A Convenience Note may urge the Court to specifically deal with certain (admitted or undisputed or proved) facts or the legal plea or the argument, advanced, as the entire outcome of the Case may hinges on the findings of the Court on those facts and pleas.

As indicated hereinabove, every paragraph in Convenience Note must be super imposed with Headings / Marginal Note, in the same fashion as “Sections” of the statutes are arranged, as, that will aid in quickly locating particular facts and legal submissions, the Court may be searching for, at the time of passing of Order. The Indian Jurisprudence will be richer if Judgments and Orders are delivered in “Marginal Note” format. I could find at least one precedent. AIR 1991 Bom 119.

 

Sandeep Jalan

Advocate

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