withdrawal

Guest (Querist) 27 May 2010 This query is : Resolved
what is unconditional withdrawal of a petition in high court?
is it a bar to move for enforcement of fundamental rights?

Follow Query

Report Abuse

Thyagarajan (Expert) 27 May 2010
File memorandam quoting the case number asking for withdrawal of the case on any working day during functioning of the court.

Guest (Expert) 27 May 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100

e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE UNCONDITIONAL WITHDRAWAL OF THE PETITION IN THE HIGH COURT KINDLY NOTE THAT.

1.PETITIONER HAS FILED WRIT PETITION OR ANY OTHER PETITION IN THE HIGH COURT.IT IS NUMBERED AND REGISTERED.OR PENDING REGISTRATION AND HAVING STAMP NUMBER.
2.THE ADVOCATE FOR THE PETITIONER MAY REQUEST THE LORDSHIPS OF THE HIGH COURT EITHER ORALY OR BY SUBMITING THE APPLICATION TO ALLOW TO WIDRAW THE PETITION MENTIONING THE REASONS FOR THE SAME.UP ON HEARING THE ADVOCATE FOR PETITIONER THE HONOURABLE LORDSHIP MAY PASS APPROPRIATE ORDER AND ALLOW TO WIDRAW THE PETITION.
3.KINDLY NOTE THAT THERE IS NO BAR TO MOVE FOR HE ENFORCEMENT OF FUNDAMENTAL RIGHTS.
4.YOU SHOULD BE CONFIDENT AND MAY APPROACH LORDSHIPS HIGH COURT WITH PETITION MENTIONING FACTS AND CIRCUMSTANCES FOR THE MATTER .KINDLY NOTE THAT AT HIGH COURTS VERY EXPERIENCED JUDGES ARE THERE AND KINDLY NOTE THAT YOU WILL GET REAL JUSTICE.
THERE IS LEGAL REMEDY AGAINST ALL ORDERS AND JUDGEMENTS PLEASE NOTE.
YOU MAY WRITE OR CALL/SMS IN CASE ANY FURTHER HELP IS REQUIRED.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKS.
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Kiran Kumar (Expert) 27 May 2010
unconditional withdrawal may be termed as without prejudice to any of your rights...

writs are basically meant to enforce fundamental rights....if some writ, arising out of a particular cause, has been withdrawn earlier that does not mean that you can not approach HC or SC for protection of fundamental rights in the same matter/ cause.

G. ARAVINTHAN (Expert) 28 May 2010
Some petitions can be withdrawn obtaining liberty from the High Court to approach the Court on the same cause of action if necessary.
Unconditional withdrawal means not obtaining such requests