Writ petition
Himadri Shekhar Bhattacharjee
(Querist) 08 August 2013
This query is : Resolved
Sir, I would like to ask do courts grant immediate relief or stay to the order against which writ is sought,as soon as the writ petition is admitted or it is done after the final verdict?
R.K Nanda
(Expert) 08 August 2013
mostly stay is granted with the admission of writ.
Himadri Shekhar Bhattacharjee
(Querist) 08 August 2013
Thanks sir,one more question, how long courts take to admit a writ? If the writ is against wrong dismissal from service, can honourable high court ask the employer to re instead the employee in the interim, till the final verdict comes out?
Advocate M.Bhadra
(Expert) 08 August 2013
In all cases are no absolute right to an appeal. Each state has laws which outline the types of cases which appellate courts may review. There must be an error of law for an appellate court to review a case.
A writ is a directive from a higher court ordering a lower court or government official to take a certain action in accordance with the law..
Writs are extraordinary court orders and only issued when a moving party (the one seeking the writ) has no other options. In the case of the writ of mandamus from above, the moving party had to act quickly because the lower court improperly took the case.
V R SHROFF
(Expert) 09 August 2013
In your case, it won't be immediate.
"wrong dismissal from service"
AS IT CANNOT BE CONSIDERED URGENT MATTER.
AN INTERIM RELIEF CAN BE GRANTED PENDING FINAL DECISION.
