Legal Question in Intellectual Property in India

property

difference between writ petition � suit file


Asked on 6/07/07, 2:57 pm

3 Answers from Attorneys

Re: property

Writ is a constitutional protection provided by our constituition and the same can be invoked if any fundamental right is infringed etc.It can be filed against the authority established under law.It is only Supreme court and High courts who enjoy Writn jurisdiction and there is no hard and fast rule/procedure for filing Writ.Writ is speedy one.

While suit is a civil remedy provided under specific relief Act and the procedure/law is provided Under CPC,Evidence Act.Suit can be filed against any individual/Institution/Authority.

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Answered on 6/07/07, 10:12 pm
Vivek Mapara Mapara Law Firm

Re: property

Writ petition is for enforecement of fundamental rights or to issue perogrative writ to the state/state bodies etc. The power to issue writ is confereed to high court u/a 226 of the constitution and u/a 32 to the supreme court.

WHereas suit is also to get relief in any matter with private individual and also against state bodies.

Procedure in both the writ petitins and civil suit are different.

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Answered on 6/08/07, 6:39 am
G. M. Gupta gmguptaandassociates

Re: property

suit is termed to the original civil litigation in all courts and contains various provisions of civil law.

whereas the writs are made only to high courts and supreme courts under articles 226 and 32 respectively of Constitution of India.

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Answered on 6/08/07, 6:47 am


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