Civil Procedure Code (CPC)

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Limitation for writ under article 21, 32

(Querist) 01 November 2008 This query is : Resolved 
What is the limitation for moving SC under art. 32 for violation of rights granted under art.21?
SHEKHAR MISHRA (Expert) 02 November 2008
There is no limitation in connection with writ petitions.
Vijay Kumar (Querist) 02 November 2008
If the petitioner moves the SC after 4/5 years, is he required to explain why he did not come forward so far?
A. A. JOSE (Expert) 03 November 2008
THERE IS NO STRICT LIMITATION. HOWEVER, PETITION SHOULD BE MOVED WITHIN REASONABLE TIME.
smilingadvocate (Expert) 04 November 2008
YES THERE IS NO LIMITATION BUT THERE SHOULD NOT BE ENORMOUS DELAY OR ELSE IT WILL BE DISMISSED ON THE GROUND OF LACHES AND DELAY
Murali Krishna (Expert) 04 November 2008
No limitation is prescribed for filing writ petitions. However, if a writ petition is filed belatedly it may attract delay and latches and there is every possibility that the writ may be rejected at the threshold, unless a cogent reason is shown for the delay.
G. ARAVINTHAN (Expert) 15 November 2008
No limitation for filing WRIT petitions, but there might be a good reason stated in the affidavit, if there is a delay.

If the question involved in the WRIT petition is a substantial one, then the delay is neither be a matter
Adv.Shine Thomas (Expert) 20 November 2008
There is no limitation u/Art.32(1) except that the proceeding must be'appropriate'and this requirement must be judged in the light of the purpose ie,enforcement of fundamental rights.


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