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Pari   30 November 2021

Can writ against trial court be filed after decision of district court

Can writ against trial court be filed after decision of District Court if yes under which provision 

 



 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     30 November 2021

 writ petition is filed in the High Court or Supreme Court for enforcement of fundamental and statutory rights of a person. In addition, a writ petition can not be filed in a court below the rank of a High Court.

An appeal is a petition in which a party challenges the order passed by a subordinate court before the higher court. In some cases appeal lie directly in the Supreme Court. Like the appeal in TADA cases used to go directly to Supreme Court and not to the High Court.

1 Like

Kevin Moses Paul   01 December 2021

A writ petition can be termed as a formal written order issued by a judicial authority who possesses the authority to do so. The meaning of the word ‘Writs’ means command in writing in the name of the Court. It is a legal document issued by the court that orders a person or entity to perform a specific act or to cease performing a specific action or deed.

It can be filed by any person whose Fundamental Rights have been infringed by the State. Under a Public Interest Litigation, any public-spirited person may file a writ petition in the interest of the general public even if his own Fundamental Right has not been infringed.
Now, before discussing whether a writ can be filled you're supposed to understand the fact regarding WHEN can a writ be filed. Basically, as per the Article 226, a writ petition can be filed before any High Court within whose jurisdiction the cause of action arises, either wholly or in part. It is immaterial if the authority against whom the writ petition is filed is within the territory or not.

In specific manner the answer to your concern is Yes, a writ can be filed against trial court after decision of district court but only when there has been an irregularity that vitiates trial.

Hope It Helps!

Regards,
Kevin M. Paul
1 Like

P. Venu (Advocate)     01 December 2021

You have not posted the material facts!

1 Like

Dr J C Vashista (Lawyer)     01 December 2021

What is your grievance against  the court for filing a "writ against trial court"?

Answer is No.

 

1 Like

Pari   02 December 2021

If an application is decided and it's appeal is not allowed by special act which prevail over general act and if we do appeal matter be decided only on maintainability how to raise question of law in that case?can writ be filed directly from that order?


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