Legal Question in Wills and Trusts in India

what is the difference between writ petition and civil extra ordinary jurisdiction petition and under what circumstances you file civil extra ordinary jurisdiction petition?


Asked on 4/07/11, 11:17 pm

1 Answer from Attorneys

Sunil Goel S.G. SOLICITORS

There is basically no difference between 'writ petitiion' and 'civil extra ordinary jurisdiction petition'. It is only as to how you describe the same. Both refer to a petition filed under Article 226 of the Constitution of India before a High Court in a State of India. Differrnt courts use differrnt expresisons for a petition under Article 226.

If a person can make out a case of violation of his fundamental rights and/or legal rights, he can file a petition to the High court under said Article for approproate reliefs. The High Court, depending upon the facts of the case and the prayers made in the petition, may grant writ of mandamus, certiorari, prohibition, habeas corpus and quo-warranto.

Similar petition, but only in case of violation of fundamental rights, can be filed in the Supreme Court also under Article 32.

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Answered on 4/07/11, 11:43 pm


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