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pratik (self working)     22 July 2010

Proceedings .(Do Help).

Meaning & Difference between Proceedings & Writ Proceedings . Exampls If Possible.

What do u mean by Case is dismissed (Means the party can appeal or not because i have heard that as case is without prejudice than we can't go for appeal & if the case is prejudice they we can go for the appeal some like that) & what do u mean by Case is adjudge .

As per which sections & act or case laws says that when under the any act if it has been said that particular order or judgment or decree can't be appleable than can a person can file only writ petition. (It means writ petition can only be filed when a appeal is not allowed) EG: As per section 143(1) of the income tax act, 1961. Section says it is not appeal then we can file a writ petition pls tell me if i am wrong & correct me . So writ petition applys in any law which says that the appeal is not allowed than go for the writ petition.

(In short the what is the use of writ petition & who can use where to use in detail about the writ petition)

Meaning of without prejudice, & prejudice.

Thanks In Advance


God Bless U All.


 1 Replies


Dear Prateek

Appeal is different then writ petitions generally all orders are appelable or some time you can go for revision court first. Appeal, Revisison and writs are three seperate things Revision is decided on merit of the case wherein appeal is decided considering the  fatcs, interpretatio of law and any thing which is notconsidered in lower court. Writ is based on the rights and duties of a person granted by Constituion.

Without prejudice means the person writing withut prejudice is stating that its all legal rights provided as per the law is open.

Prejudice : Damages

Try to understand as  "no prejudice will be caused to defendant if this Hon'ble court will allow this application in favour of plantiff.  

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