Procedure for Filing WRIT PEITION IN HIGH COURT
Vishal jain
(Querist) 23 July 2009
This query is : Resolved
Hi all
I am having a matrimonial dispute with my wife. She has filed a false 498a/406 against me in which she has clamied that she and her parents have spent more than 16 lakhs. Out of which she has clamied that her parents has given gold ornaments worth Rs.5,00,000 /-.
Just to prove my inocence, I filed one TEP against my-laws and request the Income Tax department to check if Rs. 16 lakhs was there in there files by that time of marriage.
Now, from reliable sources I came to know that there was not this much amount as claimed by my wife at the time of marriage. The Income Tax officials told me that there is some explained and some un-explained money by her so called claimed dowry list. The Income Tax officials that they has issued on demand letter to my in-laws also. They also told me that they have submitted a final report of 150 pages to CHIEF COMMISSIONER OF INCOME TAX against the complaint and hence the complaint is closed now.
For this, I filed an RTI application to the income tax department, but they refused to provide me the reply U/s 8(1)(j) "not in public interest"
I filed 1st appeal to appeal authority, but the same reply has been given.
Now I want to move to WRIT PEITION to the high court by myself as I am financial not strong. Can I file a WRIT PEITION against the IT department and how?
Manish Singh
(Expert) 24 July 2009
instead of going for a writ, why dont u file the second appeal before the CIC. whn there is a proper remedy, writs are generally not entertained.
rajesh
(Expert) 24 July 2009
YES AS SAID BY MNAISH U HAVE REMEDY OF SECOND APPEAL BEFORE CIC ... U CAN FILE THE SAID APPEAL ONLINE GO TO WWW.CIC.GOV.IN
Somnath mukherjee
(Expert) 24 July 2009
actually if there is any wrong in the legal procedure then you can file any revision application under Art.227, but there is any alternative remedy you cnnot file any writ.As because there is an alternative remedy it is better to avail the alternative remedy
Khaleel Ahmed
(Expert) 30 July 2009
You are advised hereby only to defend the case filed against you in right manner. Simply you deny the allegation against you.Need not dig unuseful pits. A person can borrow the amount and paid the dowry.
