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Writ Petition Format (Civil Law)

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This query is : Resolved


Author : Dr.Mumbiram

Posted On 15 July 2008 at 06:43

The Supreme Court of India has given in its website the format for a writ petition for mandamus under article 226 of the constitution of India. Is the same format to be used for a writ petition to be made to the Bombay High Court ?
What is the relative advantage of making the writ petition to the High Court as compared to making it to the Supreme Court ?
Can we appeal to the Supreme Court on the High Courts decision on our writ petition ?






Expert : Manish Singh

Posted On 15 July 2008 at 13:26

Under Art 226, you can move High Court only not to the Supreme Court. Ig you wish to move the SC , go under Art 32.
the said format is a specimen format only so use that for HCs.

Some writs can only be filed in HCS not to the SC. sO check under whisc writ you wish to go forth according to your case.
Art 32 is only for the protection of Fundamental Rights but art 226 is of vast amplitud.e

Under SLP, you can aloways move the SC even if appeal is not allowed by the court.



Expert : arunprakaash.m.

Posted On 15 July 2008 at 14:11

The only difference in writ jurisdiction beween supreme court and high court is Art 226 is a constitution right and but art 32 is a constitutional as well fundemental rights. That's all. You can use any format as applicable to you. It should be a pleading.



Expert : Manish Singh

Posted On 15 July 2008 at 14:32

Mr. ArunPrakash,
You can not file any other writ like habeas corpus etc. under art 32.
please make studies before giving any opinion at this platform.
this is a different platform than discussion.
Yes art 32 have been iterpreted as being a fundamental right of the citizens.



Expert : Srinivas.B.S.S.T

Posted On 15 July 2008 at 15:45

I do agree with you Manish Ji but lets not be harsh with each other.



Expert : Manish Singh

Posted On 15 July 2008 at 15:59

I did not intend to be harsh or so..
But one should not contradict other's opinion if he is not confident of his answer.\. If somebody makes mistakes while giving opinion we are here to rectify it.
we are here to share our knowledge also but I request all my learned friends to please do some homework before giving any opinion since most of the laymen are going to blindly trust our answers.
I am exteremely sorry if I sounded rude or like..


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