Is it allowed to challenge multiple orders in one writ?

Self employed

Is it allowed to challenge/impugn multiple orders (the non appealable ones) in one/single writ petition 226/227? All are connected to each other. against all order only writ lies and no appeal/revision lies

 

I am told that review under sec 114 and order 47 is not taken as efficacious remedy available.

 

There is deliberate delay in receiving the certified copies of the orders. 

 

Is it allowed for writ applicant to file exhibits to be submitted laterwards (once the cert copy is given by family court) and merely relying on affidavit of applicant does HC pass rule nisi as prayed in writ?

 

 

What is the procedure to ask for urgent hearing so that interim or at least ad-interim stay/stay on operation of the impugned orders gets granted on the same day filing etc of writ happens.

 

How to file application for ad-interim stay of impugned orders(the non appealable ones)

 

What is court fee for interim aplications in writ proceedings?.

 

I am not able to understand from the BOM HC high court's website the 'proceeding stages' of :-

 

1 Filing procedure

2 interim and urgent applications such stay of operation on the impugned order

3 writ

 

 

Please guide

thanks

 

 
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Worker

Originally posted by : Sakshi Sakshi


Is it allowed to challenge/impugn multiple orders (the non appealable ones) in one/single writ petition 226/227? All are connected to each other. against all order only writ lies and no appeal/revision lies

 

I am told that review under sec 114 and order 47 is not taken as efficacious remedy available.

 

There is deliberate delay in receiving the certified copies of the orders. 

 

Is it allowed for writ applicant to file exhibits to be submitted laterwards (once the cert copy is given by family court) and merely relying on affidavit of applicant does HC pass rule nisi as prayed in writ?
photocopies of the lower court documents are also admissible.
 

 

What is the procedure to ask for urgent hearing so that interim or at least ad-interim stay/stay on operation of the impugned orders gets granted on the same day filing etc of writ happens.

URGENT CIRCULATION

 

How to file application for ad-interim stay of impugned orders(the non appealable ones)

add preyer clause.

 

What is court fee for interim aplications in writ proceedings?.

!!!!!!!!

 

I am not able to understand from the BOM HC high court's website the 'proceeding stages' of :-

 

1 Filing procedure

2 interim and urgent applications such stay of operation on the impugned order

3 writ

prepare ur writ petition & file in the court.

 

 

Please guide

thanks

 


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Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

Why do you need to understand all this? If you are a litigant and thinking of contesting in person then do remember it can be disastrous. You don't know how to draft a writ petition and you are thinking of arguing it yourself. This is affront to sanity. Just engage a Bombay based lawyer to do the needful.

 
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Self employed

Thanks again Mr. Amit Sir

My query is.... Judges in lower court scribble on the application itself  on its backside/empty page in the Application and pass lengthy orders.

If we submit the photocopy of application(the order below which is to be impugned) how the HC court would read what illegal maaner the court has paased order. 

 

Please advise. Thanks

 

 

 

Adv Ashish sir, ............................ The person on behalf of whom and for whom I, a chap currently in process of getting aquainted with the law, have posed these questions.

 

That person has got a previous bad experience and was robbed by an advocate. 

That Advocate charged him 2500/- saying that 'For certified copy it requires to do oral argument in court and requires to convince the court else it is very difficult at times!!!' (and 300 in the name of "chai pani" for officials in nazar etc) for getting the certified copy of the opposite party's main petition and supported documents + list.

 

All without any receipts offcourse!!!

 

When I enquired about the same I found out it takes a Rs. 5/- stamp(person being a male) and a simple application which even a novice can write, and copying fee of Rs. 7/- per page  (the whole cost not going beyond 14x 7 + 5 = 103/- rupees and a refund of 14 x 3 = Rs. 42/- was possible as copy was given after one and half month time)

 

Even lawyers practising in district courts do not know procedure in HC. and hence the same ignorance is miused more oftne than not.

 

Is it not advisable to cross check the info given by any person.

Same type of scre and fear is being created as far as Wrtit filing is concerned and hence I am asking some info to verify the info received so far.

 

I hope you would understand my concern, and it all depends who approches me and how extends me the help. It may also culminate into me hiring that advocate owing to his honest way to entertain my queries even though it may sound foolish and stingy and 'so called expectation to get advise free-of-cost'

 

For doing argument and etc, we have always hired the lawyer but this time inital work we intend to do our own,

 

In lower court during interim maint proceedings and oral argumets on the same, our previous lawyer was almost eaten up by opposite side's lawyer uncooked although we had strong merits in the case as admitted by the opposite party's lawyer candidly once.

 

So please treat my question as if I am in process of searching, soliciting/narrowing down on affordable/ok kind of lawyer.

 

After reading some info , I am confused with the process as it talks of stiching and binding of the petition .

Offcourse It is good thing as compared to the way petitions are kept in lower court.

 

I am still going through the rules and reading material(scarecely available) about

1. How many no.of copies to be furnished?

 

2. Whether lower court to be made party in writ in family court litigations (HMA s. 24)? ... reason : some case laws do show lower court as resp. no 1 and wife as resp.no 2 (my understanding is that such caselaws involved 'state' as a party and Fundamental Right violation was also challenged in addition to violation of legal/statutory rights and constitutional rights.. please correct me if I am wrong)

 

3. Whose responsibility it is to serve summons and what writ applicant can do therein to expedite it?

 

4. What to do if the HC staff raise technical or mere formatting errorS? outstation people can not afford to station themselve in mumbai for more than 8 hours in daytime. 

 

5. Are there any other color papers to be used? other than yellow? 

 

First and foremost question is that:

LAW says that "An Order obtained by Fraud on Court is non est in law"

Then does the judgment debtor even bother to take action to stay the operation of the said fraudulent Order? 

But since it is not stayed (I treat 'stay of execution' is more comprehensive way for judgment debtor than merely asking 'stay of operation' of the order ) it has automatically caused to accrue the arrears and opposite party was very happy to play delaying tacts so that it reaches to a considerable amount too high to be ignored and thus it become injustice to judgment debtor.

 

please advise how to aks for urgent circulation.

 

How much time it takes from from 11 am (supposing that it all prepared properly) to file suit and it getting heard on same day and while returning way back home one is equipped with stay order by high court.

 

please advise.

 

Thanks

 

 
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Self employed

Mr. Amit your help has really done wonders to us. 

 

I would like to trouble you more by asking a few more doubts, I hope you won't mind answering my doubts.

 

Thanks again.

 
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Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

If one lawyer is dishonest that doesn't mean every lawyer is dishonest. It is indeed true that the clerks in the copying department of the court sit over the application for a certified copy unless their palms are greased with currency notes. The 'initial work', as you have called it, is the drafting which forms the backbone of every case. It is an expert task and canot be performed by a layman with perfection unlike a  lawyer. It is but natural that lawyers who have never appeared in the HC would not be conversant with the procedure of the High Court. Talk to a lawyer at the Bombay HC.

 
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Senior Partner

 

Originally posted by : Sakshi Sakshi

 

XXX
Observation first:
I appreciate P-I-P query with a caveat that a P-I-P should do homework very well that also not from Legal Portals but from ground level up.

XXX

1. How many no. of copies to be furnished?
Take: Go to Mumbai HC petition writers block and find out first hand. It is free info. given by typist.

2. Whether lower court to be made party in writ in family court litigations (
HMA s. 24)? ... reason : some case laws do show lower court as resp. no 1 and wife as resp.no 2 (my understanding is that such caselaws involved 'state' as a party and Fundamental Right violation was also challenged in addition to violation of legal/statutory rights and constitutional rights.. please correct me if I am wrong)
Take: If the matter is of S. 24 HMA then yu are petitioner and husband is respondent in such matters. Further if matter under readressal is that of S. 24 HMA passed by Family Court then my opinion following title stands better chance "
Petition under Article 227 of the Constitution of India read with Section 151 of CPC against impugned order dated xx-xx-xxxx passed by ld. Principal Judge, Family Court, XX in HMA No. XX of XXXX”


3. Whose responsibility it is to serve summons and what writ applicant can do therein to expedite it?
Take: Once Petition admitted and entered in Hearing Cause List and post admission hearing if not thrown out but considered then Hon’ble Bench issues very first Order on Notice Issue to Respondent. The same has to be processed by P-I-P by contacting concerned branch meeting requisite Court Fees / Form filing / Annexing spare Copies etc. which are running around exercise.  

4. What to do if the HC staff raise technical or mere formatting errors? outstation people can not afford to station themselve in mumbai for more than 8 hours in daytime. 
Take: There is no short cut to such raised objections from the window. They have to be removed and re-filed with signed noting of such and such objections removed is call of the day. Court filing window cannot come to parties home to remove such objections if ‘outstation’ cries are raised by a litigant that is yet to happen in India! Best would be to contact a petition writer in the writers block and give legal facts of the case and certified copies of impugned Order under challenge and request for Paper Book making i.e. copy-pasting from templates they have in their hard disk which are of other similar Petitions though not much legal opinion you may get but a paper Book properly will be made by him tying / annexing / binding etc. is what I mean here. They are good at making Paper Books for P-I-P’s.

5. Are there any other color papers to be used? other than yellow? 
Take: Re-read last para as hinted above.

First and foremost question is that:
LAW says that "An Order obtained by Fraud on Court is non est in law"
Take: So ?

Then does the judgment debtor even bother to take action to stay the operation of the said fraudulent Order? 
Take: If he wants to then he should.

But since it is not stayed (I treat 'stay of execution' is more comprehensive way for judgment debtor than merely asking 'stay of operation' of the order ) it has automatically caused to accrue the arrears and opposite party was very happy to play delaying tacts so that it reaches to a considerable amount too high to be ignored and thus it become injustice to judgment debtor.
Take: The assumed injustice stage starts on the very first date the JD reads down the impugned Order either by seekign certified copy or by file inspection and not after such delays as made out to be farse! So what you are talking here lady !!!

please advise how to aks for urgent circulation.
Take: The petition Admission Order itself speaks when is next date of hearing and before that if Service effected well enough and good. There is no other short cut here.  
 
How much time it takes from from 11 am (supposing that it all prepared properly) to file suit and it getting heard on same day and while returning way back home one is equipped with stay order by high court.
Take: Are you living in Orwellian world or real world and during your so called P-I-P research did you never come across how much time it takes to get justice in reference to Courts? Even for mentionign matter two days post all OK is required. Common the question even Hon’ble CJI cannot answer as there is nothing called in 8 hrs. Paper book making + filing + removing objections + advance issue notice to OP  +  middle of the same working day ld. DB walking to your home and taking you to his Court room + hearing the matter + come mid evening closing time respondent appearing and arguing + stay granted !!! I mean what is this lady over simplified justice we are requested as PM to reply to????

Suggestion:
Listen once again to ld. Ashish’s wise reply no matter all lawyers are fools and money makers and cheaters in eyes of a P-I-P but still lawyer is a lawyer in such difficult times queries so let us not see ourselves to be over simplified smart person when Article 226 / 227 COI matter is pushed for DB hearing which is not every once cup of simplified justice at the end of it, believe me.

Above is my reply to your
three PM’s of date and you have right not to read it even.  

 

 


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Unemployed

It seems that though the Ld. experts have elaborately attempted to answers queries of a person who's oblivious of law and const provisions, but they also missed to answer to main query:

 

 

Is it allowed to challenge multiple orders in one writ? (header of this thred)

Is it allowed to challenge/impugn multiple orders (the non appealable ones) ?

Nobody annswer this but everything else.

 

 

 

My take on it:-

Its discretion!!! multiple cause of action can be raised in one plea.

 

But I have gone through the harsh treatment on this.

 

You are probably on the side of husband who's slapped with interim maint order. is that right?

 

For that for each writ he needs to pay extra 250/- in stamp fees

 

But if all applications are related to one another then go for ONE WRIT PETITION only, and defend it at the time of admission that it would lead to multiple litigations otherwise!!!

 

Writ by husbands are 99.99999% quashed.

But lawyer earn from it.

 

If any other lawyer has given afalse illusion that he would fetch verdict in the husband's favour then it is like an audacious claim and boosting which every lawyer does, nobody would tell you whether your case is weak or not.

 

 

 

 

 

Whether lower court  to be  made as a respondent in writ?

my take ---it depends on allegation in 227 it is a must . Have studied constitutional la in any course in LLB or in (CS, CA, ICWA, MBA etc) ??

if it does not violate FR but only legal/constitutional right and if writ vide 226 is the only resort left to challenge the perverse order and judgment then ------- it is a prvate writ and not for public cause,

 

Apart from allegation of violation principles of natural justice, unfair trial, abuse of proces commited by opposite party, if there are other allegations of misconduct by judge of lower court (which is there in writ invariably) then LC as a state is also made party to writ.

 

It would be too long to explain what is 'state' just remember Art. 13 , it fits into defintion of the that.

 

So do not put individual name of judge but just mention judge and court no and etc. if at all in your case it requires to make them as a respondent.

 

 

 

 

Good luck.

 
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Unemployed

rather Article 12 of COI.

 
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