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manmeet singh (self employed)     01 May 2023

Can a writ be filed to secure the fundamental rights in sc against the order of sc in civil appeal?

Can a writ be filed to secure the fundamental rights in SC against the order of SC in Civil Appeal?
 



Quick Summary
This discussion explores the possibility of filing a writ petition in the Supreme Court to protect fundamental rights after a civil appeal has already been disposed of by the same court. While generally, once an appeal is disposed of, further remedies under other laws might be limited, the possibility of filing a curative or review petition is raised. However, without specific case facts, providing definitive advice is challenging, and seeking guidance from a Supreme Court advocate is recommended.

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     01 May 2023

If the supreme court has disposed the appeal filed by you then you do not have any other remedy by invoking any other law.

Nothing prevented you from seeking the remedy invoking the law governing the fundamental rights  before filing the appeal.

Now this can be considered as an after thought idea hence may not be entertained.

However if your advocate suggests to file a curative or review petition you can proceed based on the recommendation made by your supreme court advocate. 

P. Venu (Advocate)     01 May 2023

What are the facts? What is the context?

The posting suggests a riddle than a query.

Sudhir Kumar, Advocate (Advocate)     02 May 2023

this forum cannot solve riddles. give facts of the case.

manmeet singh (self employed)     02 May 2023

My query is not a riddle because I can't publically post facts of the matter. If any solutions are available we can discuss personally at 9517111831

Sudhir Kumar, Advocate (Advocate)     04 May 2023

You are constrained against sharing facts on the public forum.

 

OK

 

that way the query remains a riddle.  any reply based on no facts or half facts can be wrong reply.

N.K.Assumi (Advocate)     07 May 2023

I am of the view that Curative Petition will be appropriate as suggested by T. Kalaiselvan, Advocate (Advocate)

 


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