Legal Question in Constitutional Law in India
meaning of legal word
what ispetition &writ petition? if thay are diff.what advantage/s one has over the other?
4 Answers from Attorneys
Re: meaning of legal word
Petition simply means application and can be filed in any lower court also while to exercise rights under constitution one needs to file writ petition in the High Court or Supreme Court.
Re: meaning of legal word
A writ petition under Articles 226 / 227 OR Article 32 of the Constitution of India can be instituted directly in the State High Court or the Supreme Court of India, depending upon situation.
Re: meaning of legal word
Petition can be filed to any lower forum such as civil court, criminal court, Court of Magistrate etc., whereas writ petition is confined to petition in higher or supreme court. Write Petition lies where either right of appeal is not available or where alternative remedy is not available.
There is not question as to its advantages over other. These are two different and separate types of application.
Re: meaning of legal word
Petition is an application. It can be placed before any body. Whereas Writ petition is legal appliction to be filed only before the High court or Supreme court to seek legal remedy for voilation of fundmental rights.
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