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prasanna kumar (individual)     12 November 2016

Maintinability of a second writ petition under art 32

Dear Experts,

 

I filed a writ under art 32 of the constituttion. for some reason that the petiton containes wrong prayers, the court forced me to withdraw the same. I had to say I will withdraw the petition. But ater going throgh all the papers and citations. it is found that there is no flaw in the prayers made,

whether a second writ under article 32 can be filed before the supreme court.

if not please enlighten me why, if so, please quote some citations if any.

 



Learning

 6 Replies

adv.bharat @ PUNE (Lawyer)     12 November 2016

No citation are provided here.

Ms.Usha Kapoor (CEO)     13 November 2016

Either you can file a review petition or fresh writ  petition PRAYING THAT THE jUDGMENT  WAS ERONEOUS inWrit  Petitioner's  view and he overlooked certain key points in the earlier Writ petition etc.If you  appreciate this answer please convey my forum thanks by clicking  thanks.

Ms.Usha Kapoor (CEO)     13 November 2016

Against dismissal of Writ Pettion you can file  Letters Patentn Appeal also.

prasanna kumar (individual)     13 November 2016

Ms. usha kapoor, thanks for the information. But my followup question is whether the fact that I had to say i will withdraw the petition before the court willhave any effect. to file a new writ or to file a review or a letters patent appeal.

prasanna kumar (individual)     13 November 2016

Ms. Usha kapoor,

A clarification please. whether letter patent appeal is applicable to Supreme court. Because my knowledge was it is applicable to writs of original jurisdiction in High courts.

jyotirmaya behera (advocate)     08 December 2016

As per your statement you can not.

If the court give you liberty to file batter application then you can file without liberty you can not.

 

Jyotirmaya Prasad Behera

Advocate, Orissa high Court

9861819294


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