Can a writ have multiple sub-writs (All of one case, but different different sub-parts)?
Sh. P Suresh
(Querist) 27 June 2011
This query is : Resolved
Can a writ in HC be in this format:
Common beginning i.e. : First sheet, Index sheet etc
A). Sub Part-1 (To get stay of an illegal proceed of a lower court):
In HC, Writ No: (Same as above)
1.1 Facts
1.2 Grounds
1.3 Prayer
B). Sub Part-2 (Challenge proceeds of case-1 at lower court): In HC, Writ No: (Same as above)
2.1 Facts
2.2 Grounds
2.3 Prayer
C). Sub Part-3 (Challenge at proceeds of case-2 at lower court): In HC, Writ No: (Same as above)
3.1 Facts
3.2 Grounds
3.3 Prayer
Affidavit
Signature sheet etc
Annexure: 1....X numbered sequentially - Each referred in Sub part at apt points.
padmanabhan
(Expert) 27 June 2011
Your query is not complete. as a matter of fact a writ contains facts, questions of law and grounds of challenge.since you challenge a lower courts order, it appears to be a writ of certiorari in which lower court proceedingsd are made as annexures.
Sh. P Suresh
(Querist) 28 June 2011
It is now clear that another section 'Questions of law' need be included and that grounds should in actuality be 'Grounds of challenge'.
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Thought so far was different. Though word challenge is used, preparations was to PLEAD before HC. This message has changed that thought. It will be modified to challenge the proceeds itself instead of beating the bush around and wasting energies.
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Lower court has violated very fundamental ethics of law. In actuality, while it was approached for justice, it has compounded injustice!!!!
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Content of the writ is as follows:
1st part: Lower court has illegally closed a contempt proceedings. In the process, it has coyly given credence to an illegal, non-existent, fabricated order of another agency. This has doubled the injustice.
So, I plan to have 'STAY on this illegal, fabricated order' as the first part.
2nd part. Challenge following proceeds at lower court:
a) 1 adjournment.
b) Illegal closure of two successive contempt petitions. Both have been closed in same illegal ways.
3. Perjury
All these pertain the same case. All these need be challenged in HC through a single writ.
How should this be done? Is the segment above legally correct?
i.e.
Part-1: Plea for 'Stay of that illegal, fabricated order by that other agency (Not court)'.
1.1. Facts
1.2. Questions of order
1.3. Grounds for challenge
1.4. Prayer
Part-2: CHALLENGE at lower court proceeds:
2.1. Facts
2.2. Questions of order
2.3. Grounds for challenge
2.4. Prayer
Part-3: PLEA for 'Perjury' (false affidavit has been submitted in illegal manner to close the contempt petitions) on two occasions.
3.1. Facts
3.2. Questions of order
3.3. Grounds for challenge
3.4. Prayer
Guest
(Expert) 30 June 2011
YES YOU CAN BUT THERE SHOULD BE A PRIMARY RELIEF AND OTHERS MUST BE SECONDARY OR SUBSIDIARY TO THE MAIN. OTHERWISE FILE SEPARATE WRITS
