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Sycorax Juris   15 December 2017

In quandary of filing writ petition in high court

Require not only quashing of Orders, but also require further directions from the High Court for further smooth proceedings, in the interest of Justice. Should composite Articles 226 and 227 of the Constitution be used, or it will affect intra court appeal?  



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 2 Replies

Sycorax Juris   15 December 2017

Please note that the party aggrieved is from the orders of District Judge.

N.K.Assumi (Advocate)     15 December 2017

The two Articles are distinct and different and operate in different subject matters, but they also meet at times, and co-exist, co-inside or imbricate, and this is the beauty of the two Articles.As per your query, using the two Articles in composite manner is absolutely correct. In case you lost in the hands of the High Court, it depends how you mould your remedy and also the orders passed by the High Court, but generally, the High Court in the country passed Judgment in a manner that will not hamper the petitioner in the next round. In fine, it all depends on how you mould the relief you want from the High Court and the final orders of the High Court.


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