Law
This query is : Resolved
SUNIL THAKUR
(Querist)
28 November 2011
Dear sir, what is the difference between writ petition and appeal?
CA Ayush Agarwal
(Expert)
28 November 2011
Writ petition when there is no provision of making appeal in act. Then indian constitution article 226 give right to every citizen to make a writ petition in high court against. And appeal is when we lost then making appeal in higher court/authority against from where we lost verdict.
Message likes :
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28 November 2011
Agree with expert....smart answer
RG - A Helping Hand
(Expert)
30 November 2011
Slightly disagree with both the experts regarding the true meaning and intention of law regarding introduction of Writs.
The Supreme Court, the highest in the country, may issue writs under Article 32 of
the Constitution for enforcement of Fundamental Rights and under Articles 139
for enforcement of rights other than Fundamental Rights, while High Courts, the
superior courts of the States, may issue writs under Articles 226.
Parts of the law relating to writs are set forth in the Constitution of India. Under the Indian legal system, jurisdiction to issue ‘prerogative writs’ is given to the Supreme Court, and to the High Courts of Judicature of all Indian states.
The Supreme Court, the highest in the country, may issue writs under Article 32 of
the Constitution for enforcement of Fundamental Rights and under Articles 139
for enforcement of rights other than Fundamental Rights, while High Courts, the
superior courts of the States, may issue writs under Articles 226.
Parts of the law relating to writs are set forth in the Constitution of India. Under the Indian legal system, jurisdiction to issue ‘prerogative writs’ is given to the Supreme Court, and to the High Courts of Judicature of all Indian states.
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