yogesh (will tell you later) 28 July 2008

query regarding dismissal of C.W.P

Please advise on the following
If an individual files the writ pettion in Hon'ble High Court of delhi and the petition will get dismissed on its merit.

What remedy should an individual have? whether he should files an appeal in Hon'ble Supremecourt of India
OR
Is there an other alternative to file Review Application in High Court for review of the matter?
If his review application will also get dismissed by High court can he move to Supreme Court of India under appeal?

Please inform

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2 Replies

Prakash Yedhula (Lawyer) 28 July 2008

One can file a writ appeal before the High COurt if the order challenged is passed by a single judge. The writ appeal will be hard by a division bench. The SLP before the Supreme Court can be filed thereafter.

Guest (n/a) 30 July 2008

If the writ petition is dismissed by the High Court - either by the single Judge or by the Division Bench - and there is any apparent error or mistake on the face of the record or for any other sufficient reason, remedy of review application before the same Judge or Bench within 30 days is available. Alternatively writ appeal to the Division Bench, if the Judgement is from a single Judge, and to the Supreme Court - if the judgement is from the Division Bench of the High Court is also available. Further, there are decisions that simultaneous review and writ appeals are also legal.