Remember | Register | Forgot Password?
Bookmark This Page   RSS Feeds  Follow On Twitter

 

Search for Lawyers          
    



Please Wait ..


Discussion > Civil Law > Procedure > How to file Civil Writ Petition In Delhi High Court?   Unanswered Threads Post New Topic

Pages : 1 2


There are 17 Replies to this message


yogesh


will tell you later
[ Scorecard : 3596]
Posted On 20 July 2008 at 21:44 Report Abuse

How to file C.W.P in Delhi High Court?

I am law graduate and I want to file Civil Writ Petition in High Court as petitioner in person regarding service matter (Original Side).Please provides me the step by step procedure of filing the same?

1 Petition + Affidavit+ Annexure + Notice of motion with 6 copies which needs to file in the filing counter who in returns give filing number

2 After clearance from any defections the same will be returned to the petitioner

 

Thereafter, if you are aware of the same Please let me know in detail at earliest what procedure remains till first hearing?

 



ramachary64@gmail.com


Practicing lawyer in High court judicate at Hyderabad, Telangana State mobile no:9989324294
[ Scorecard : 9186]
Posted On 21 July 2008 at 16:23 Report Abuse

Rule 1 of Order-7 of CPC explains about the particulars to be contained in a plaint.The plaint shall contain the following prticulars. 1. The name of the court in which the suit is brought,2.the name, description and place of residence of the plaintiff.3. the name, description and place of residence of the defendant, so far as they can be ascertained4. Where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect. 5. The facts constituting the cause of action and when it arose. 6. the facts showing that the court has jurisdiction, 7. the relief which the plaintiff claims,8. where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; and 9. A statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of court-fees, so far as the case admits.


ramachary64@gmail.com


Practicing lawyer in High court judicate at Hyderabad, Telangana State mobile no:9989324294
[ Scorecard : 9186]
Posted On 21 July 2008 at 16:34 Report Abuse

Rule 1 of Order-7 of CPC explains about the particulars to be contained in a plaint.The plaint shall contain the following prticulars. 1. The name of the court in which the suit is brought,2.the name, description and place of residence of the plaintiff.3. the name, description and place of residence of the defendant, so far as they can be ascertained4. Where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect. 5. The facts constituting the cause of action and when it arose. 6. the facts showing that the court has jurisdiction, 7. the relief which the plaintiff claims,8. where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; and 9. A statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of court-fees, so far as the case admits. Under article 32, the supreme court is powered to entertain writs. Under article 226 the high courts are emplowered to entertain the writs.The writs r several types. (a) the writ of habeas corpus:- A Habeas corpus is a prerogative writ directed to a peson who detains another in custody and commands him to produce or  'have the body' of that person before the court.'(B) The writ of Mandamus:-The condition precedent  for asking the writ of Mandamus is that the petitioner should have a legal right and the public authority should have an legal obligation to perform such legal duty.(c)writ of certiorari & (d) writ of prohibition can only be issued to the inferior courts, tribunals or quasi-ducial bodies, whose function is judicial nature.


yogesh


will tell you later
[ Scorecard : 3596]
Posted On 21 July 2008 at 17:15 Report Abuse

Thanks for reply posted here,In fact I am asking the procedure that needs to follow not the procedure prescribed by Civil Procedure Code that all civil courts including the Hon'ble High court be binding.In fact I need the advise the number of copies that need to filed at the filing counter and how the case number should be alloted and procedure  for hearing.Please inform that whether the procedure which the consumer /civil courts follow also be same in Delhi High Court


KANDE VENKATESH GUPTA


ADVOCATE
[ Scorecard : 1163]
Posted On 21 July 2008 at 17:33 Report Abuse

Writ Petition is to be filed before the High Court.  You did not give full particulars as to what is the nature of the relief you want to claim, for giving clear advice. You have to file the writ petition along with the documents you want to rely. The High Court u/s 226 is not a court of fact. It is a Court of Law. After filing of the writ petition, the registry of the High Court will scrutinize your application whether the same is in order and the same is filed in accordance with the writ rules. If the writ petition is filed in proper manner, the same will be assigned W.P. number. If the registry feels that your petition is not filed in proper manner, the same will be returned to you, with the specific objections. After compliance of the same, you have to resubmit the same within the specified period by the Registry.   After registry assigns the number to your writ petition, the same will be listed for admission before the concerned judge. The Judge after hearing you on the day when the matter listed, he may
(i) admit the writ petition and grant interim prayeras prayed by you,

(ii) He may order notice before admission and direct the registry to list the writ petition on any particular date and grant interim prayer prayed for by you. ON the specified date, the respondents are at liberty to file their counter and oppose your writ petition. Then the matter will be decided finally by passing appropriate orders.

(iii) Simply admit the writ petition without granting interim prayer.

Once the matter is admitted, the final hearing will takes place on any specified date. In the meanwhile the respondents have to file their counters opposng your writ petition. If the specified date is not given, you have to regularly watch the cause list of the court to verify whether your matter is listed.

There is no procedure for trial i.e., examination of the witnesses and marking of the documents through the witnesses in the High Court in writ jurisdiction. The matter will be decided on the affidavits filed by the parties. Question of Disputed Facts will not be entertained by the High Court.


P Suresh


For, To, By Green, Perpetuity, Selfsustainability Always
[ Scorecard : 616]
Posted On 17 July 2011 at 15:29 Report Abuse

* If witnesses are not examined, disputed facts are not tried, then a party can file false affidavit, play professional tricks in any process etc and spoil justice.

* Can punishment for perjury be one amongst other prayers in a writ- Yes / No.

* Is deliberate false affidavit in a lower court punishable under perjury? What all should be established?

* Is a writ admissible against official respondents and personal respondents?

* There are 9 respondents (all in same address) and the case document along with enclosures comes to 700 pages. So, can one copy be served on the first official respondent, one copy filed with court at admission stage and the rest of the 8 copies be sent to the rest of the 8 respondents at time of court notice?


yogesh


will tell you later
[ Scorecard : 3596]
Posted On 17 July 2011 at 15:42 Report Abuse

Yes, normally uyou have to give  2 copies to the standing counsel of xyz Organisation and when it is admitted then you have to serve the copies under process fees service


P Suresh


For, To, By Green, Perpetuity, Selfsustainability Always
[ Scorecard : 616]
Posted On 17 July 2011 at 17:23 Report Abuse

So, deliberate false affidavit in a lower court IS perjury and punishment for perjury can be one amongst the prayers amongst other reliefs, interim relief in a writ.

 

Now, coming to characteristic of this case:

* It pertains illegalities that closed a contempt petition in CAT.

* It involves a cognisable offence and then perjury.

* The case has 3 official respondents, 5 personal respondents and the lawyer who committed this.

I am given to understand that I need to serve a copy on the first official respondent and file one with the court. Once it is admitted, I would have to file the rest of the 8 copies and the additional fees (to serve on opponents).


P Suresh


For, To, By Green, Perpetuity, Selfsustainability Always
[ Scorecard : 616]
Posted On 18 July 2011 at 11:31 Report Abuse

I sense that opponent will play foul right at admission stage so that they will not be subjected to further probe etc and end up getting punished for their crime.

Crime is crime. Only the person who bears the brunt of it knows it. In a earlier instance criminal on whom case has been filed and court should have investigated has responded as official respondent and the law mechanism has not taken cognisance of the offence, a neo-crime in itself.

So, I want to take precaution. I would serve them the mandatory copy, file 1 or 2 copies (as required) with court registry and simulataneously move an "Application requesting that individuals listed in the case should not  be allowed to be official respondents in the case".

This application is very much needed because the criminal who should be tried has full control of affairs at the other end and is manipulating. Is this application permissible?


P Suresh


For, To, By Green, Perpetuity, Selfsustainability Always
[ Scorecard : 616]
Posted On 18 July 2011 at 11:45 Report Abuse



Related Files



Previous Thread
Previous
Next Thread
Next

Related Threads


Post your reply for How to file Civil Writ Petition In Delhi High Court?



Your are not logged in . Please login to post replies

Click here to login


Not a member yet ?? Click here to signup

Message







    

  • This is a public forum. Avoid posting content which you do not wish to disclose in public.
  • Use thank button to convey your appreciation.
  • Maintain professionalism while posting and replying to topics.
  • Try to add value with your each post.





Subscribe to the latest topics :


Forum Home | Forum Portal | Control Center | Who is Where | Popular Threads | Today's Topic | Recent Posts | Today's Posts | Post New Topic | Thread With Files | Top Threads - Month | Unreplied Topics | Forum Stats


web analytics