Table of Contents
What is Article 226 high court?
Enshrined under Part V of the Constitution of India, Article 226 provides the High Courts with the power to issue writs, including writs in the form of habeas corpus, mandamus, prohibition, quo warranto, certiorari, or any of them, to any person or authority, including the government.
Under which article a person can move to high court?
Article 226 in The Constitution Of India 1949.
Can writ be issued against a private person?
Facts about Habeas Corpus in India: The Supreme Court or High Court can issue this writ against both private and public authorities.
Who can file writ petition under Article 226?
Under 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.
Can we directly go to High Court?
Yes you can always go to the high court directly but before that you need to reply to the notice issued under sec.
Who can file writ petition under 226?
Under Article 226, a person can move to the High Courts to file a writ petition when there is a violation of his/her fundamental rights. It should be noted that the authority against whom the writ petition is filed has to be present within the territory of India, otherwise, the petition has no value.
What are the powers of High Court under Article 226 and 227?
Jurisdiction under Article 226 is exercised in favour of citizens in vindication of their fundamental or statutory rights. Meanwhile, under Article 227, the High Court is the custodian of justice, and the power is exercised suo moto by the Court.
Can we file civil suit directly in High Court?
Originally Answered: Can we directly file a case in high court or supreme court, without going to subordinate courts? Yes,We can directly go to the Supreme Court or High Court for justice. But specially in case of violation of FUNDAMENTAL RIGHTS from article number12 to 35 written in our constitution.
Can I fight my own case?
Provision for Fighting One’s Own Case as per Advocate’s Act. Section 32 of the Advocate’s Act clearly mentions, the court may allow any person to appear before it even if he is not an advocate. Therefore, one gets the statutory right to defend one’s own case through Advocate Act in India.
Does CPC apply to writ petition?
CPC would not apply to writ proceedings and their Lordships by interpreting Order 2, Rule 2. CPC on its very language held that these provisions do not apply to the contents of a writ petition and consequently do not apply to the contents of a subsequent suit.
Can writ petition be challenged?
The Supreme Court observed that, when an alternate remedy is available, a writ petition under Article 226 of the Constitution can be entertained by a High Court only in following exceptional circumstances:(i) a breach of fundamental rights; (ii) a violation of the principles of natural justice; (iii) an excess of …