When can we file writ petition?

Asked by: Gerardo Kuhn  |  Last update: February 19, 2022
Score: 4.4/5 (64 votes)

One can file the writ petition of Habeas Corpus in any of the courts, be it High Court or the Supreme Court. Also, one can issue it under the following circumstances where: The person has been detained but has not been produced before the magistrate within 24 hours of arrest.

When can a writ petition be filed?

Who can file a writ petition? A writ petition can be filed by any person whose Fundamental Rights have been infringed by the State. Under a Public Interest Litigation, any public-spirited person may file a writ petition in the interest of the general public even if his own Fundamental Right has not been infringed.

When can a writ petition be rejected?

However, a writ petition can be rejected due to many reasons such as- not filing in due time, no substantial question of law is involved or alternative remedies are there. One such case was decided by Mr. Devender Kumar Sikri (Chairperson), Mr.

Can writ petition be filed against an individual?

A writ petition can be filed by any individual in the Supreme Court when Fundamental Rights have been violated by the State whereas a writ petition can be filed in the High Court when Fundamental Rights or any other rights have been violated by the State.

What is the difference between writ and petition?

The major difference between these two is that under the Writ Act 226 there is a constitutional remedy for all people. It is raised by a legal authority. But a petition is a form of writ raised by the people in the form of a request for a legal authority that seeks to take action regarding a particular cause.

Grounds for Rejection of Writ Petitions| Res Judicata| Article 32| Article 226|

32 related questions found

How do I file a writ petition?

The writ petition should be accompanied by:
  1. The affidavit of the petitioner duly sworn;
  2. Annexures as referred to in the writ petition;
  3. A court fee of Rs. ...
  4. Index;
  5. Cover Page;
  6. Any application to be filed, per application Rs. ...
  7. Memo of appearance;

What happens after filing writ petition?

After drafting, you can file the petition at the filing counter in court. On the date of hearing, the court will admit the petition and send a notice to the other party. Then, the court will fix another date for the hearing. This will be in the presence of such other party if it chooses to appear.

What are the 5 types of writs?

There are five types of Writs which are Habeas Corpus, Mandamus, Certiorari, Quo Warranto and Prohibition and all these writs are an effective method of enforcing the rights of the people and to compel the authorities to fulfil the duties which are bound to perform under the law.

Who can issue the writs?

Indian law

The Supreme Court, the highest in the country, may issue writs under Article 32 of the Constitution for enforcement of fundamental rights and under Article 139 for enforcement of rights other than fundamental rights, while High Courts, the superior courts of the States, may issue writs under Articles 226.

Can NGO file writ petition?

Article 226 of the Constitution of India by the petitioner which is said to be an NGO being a trust registered under the Indian Trust Association, and therefore, petitioner NGO is not a juristic person. It is well settled law that writ petition filed by the unregistered association is not maintainable.

Can writ petition be dismissed?

In fact, on the ground of suppression of material and vital facts also the writ petition is liable to be dismissed as no discretion under Article 226 of the Constitution of India could be exercised in favour of a petitioner who has withheld vital facts from this Court which exercises extraordinary original jurisdiction ...

When writ petition is maintainable?

The Supreme Court observed that, when an alternate remedy is available, a writ petition under Article 226 of the Constitution can be entertained by a High Court only in following exceptional circumstances:(i) a breach of fundamental rights; (ii) a violation of the principles of natural justice; (iii) an excess of ...

When writ petition is not maintainable?

“Even otherwise, it is required to be noted that a writ petition against the private financial institution – ARC – appellant herein under Article 226 of the Constitution of India against the proposed action/actions under section 13(4) of the SARFAESI Act can be said to be not maintainable,” the apex court noted.

Can writ petition be filed online?

Fill in the required details. If the petition is against any decision by a lower court, then click on the 'Lower Court' button. Similarly, click on every category and fill in the required information. ... Click on 'Petition with Other Document', if additional documents are to be submitted along with the petition.

Who can file a PIL?

Who can file it? Any Indian citizen can file a PIL, the only condition being that it should not be filed with a private interest, but in larger public interest. At times, even the Court can take cognizance of a matter if it is one of utmost public importance, and appoint an advocate to handle the case.

Who can file habeas corpus petition?

So that a petition for writ of habeas corpus under Article 226 can of course be filed by the person in detention or custody, and it can also be filed, on his behalf, by a friend or relation for this reason that such a person is in a position to make an affidavit that the detenu himself is not able to move in the matter ...

Can writ petition be filed directly in Supreme Court?

Under Article 32 of the Constitution of India any person can file a Writ Petition in the Supreme Court of India seeking to protect his/her fundamental rights, guaranteed by the Constitution of India. Any person can directly approach the Supreme Court of India only in the above mentioned situation.

Can a company file a writ petition?

'19 Since a company gets recognized as a legal person even in different cases, Indian courts have granted certain fundamental rights that the company can enjoy, as we have seen in the above case scenarios. ... Therefore, the foundations of petitioning the courts are confined to certain provisions of the Constitution only.

Can a foreigner file a writ petition in India?

Only fundamental or legal right available to foreigners is Article 21 and they do not have right to live in this country." The court has disposed off the matter, directing the petitioners to approach the Central Government with a representation which the government has been directed to decide within 6 weeks.

How can I learn writs?

  1. Habeas Corpus: It means 'to have the body'. ...
  2. Mandamus: It means 'Command'. ...
  3. Prohibition: This writ is normally issued by a Superior court to the lower court asking it not to proceed with a case which does not fall under its jurisdiction.

Which writ is called postmortem in India?

Certiorari is the constitutional remedy which is known as Postmortem. Explanation: The writ of Certiorari signifies "to be ensured". This writ is given to the sub-par court or councils guiding them to transmit the issue to the court of record procedures pending before them.

What is the Article 28?

Article 28 Freedom as to attendance at religious instruction or religious worship in certain educational institutions – Constitution of India. No religious instruction shall be provided in any educational institution wholly maintained out of State funds.

How can I file a court case without a lawyer in India?

You can even take help from court clerks or law libraries. To file a lawsuit you need proper documents. Legal aid groups can also help you in the completion of your paperwork or documents and even give advice on what to file, where to file, and fees for your filing of paperwork.

How can I file PIL online?

Steps to be taken for filing a Writ Petition / PIL:
  1. Approach a public interest lawyer or organization to file the case.
  2. Collect necessary documents such as title deeds, proof of residence, identity proof, notice, resettlement policy if any, and photographs of the eviction.

How do I file writ petition in High Court Quora?

Assuming that your cause of action is remediable by a writ petition, it can be filed by following procedure:
  1. Hire a lawyer. ...
  2. This will be filed at the filing counter in the High Court.
  3. The matter will be listed for a future date.
  4. Your lawyer and you appear on the scheduled date and plead your case.