Our firm Bhatt & Joshi Associates is a law firm based in Ahmedabad, Gujarat. We offer a set of skilled, proficient, and well-trained lawyers for writ petition in the High Court. Our Writ lawyers have in-depth knowledge of all Substantive Laws such as Contract Law, Specific Relief Act, the Land Revenue Act, and Civil procedures and knowledge of Statutory Interpretation as they acknowledge the versatility that this field undertakes. They have peculiar skill sets such as strong logistics, analytically thorough rationale, and persuasive abilities adept at pleadings, drafting of Suit, Agreements, Contracts, vetting of Documents. Additionally money recovery, recovery disputes, suits related to children, wards, guardianships, estate, property, custody, execution, claims, partitions, and others.
It is important to understand foremost that what is a writ? In the context of the State of Gujarat, a writ is an order by a Gujarat High Court to Government authorities, Lower court or courts, directing them to do something or stop them from doing something. However, the conceptual framework for all the High Courts remains the same. Fundamentally, a writ is a formal written order issued by anybody, executive or judicial, authorized to do so. In modern times, this body is generally judicial. Orders, warrants, directions, summons, and others. are all essentially writs. It is equally essential to acknowledge and understand the fundamentals of a writ petition. A writ petition is an application filed before the competent Court, that is, in this context Gujarat High Court, requesting it to issue a specific writ. As per the Indian Constitution, Gujarat High Court holds powers under Article 226, against the decision of any court/individual lower according to their jurisdiction. A Writ petition of a civil or criminal nature depending on the situation can be filed by an Individual/aggrieved party to a higher level of court against the order/decision of the lower court.
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As a client, it is essential for you to know that under What circumstances you may need to write a petition before the High Court of Gujarat?
It is generally filed in contravention of rights or unjust to any individual/aggrieved. In the Context of the State of Gujarat, it is a remedial measure provided by the constitution against the law and order regulating authority in the country for the following reasons:
– To help citizens defend their rights against court orders.
– To provide an alternative to the aggrieved when impugned order is not objected to by the appeals made to the authorized higher authorities in the legal system.
– To make sure justice is served and not denied.
It should be noted that you can file the writ petition in Gujarat High Court under Article 226 of the Indian constitution. You can file a criminal writ petition when the cause of action is in relation to the criminal law such as the right of accused, bail, and others. You can file a civil writ petition when someone commits a civil wrong such as IPR, taxes, and others.
Thus, it should be understood that the concept of Writ petition is universal across all the High Courts in the Context of Legal as well as Fundamental rights, within the scope of Article 226 and also before the Supreme Court under Article 32.
There are about five types of Writs, which one can file before the Gujarat High Court:
1. Writ of Habeas Corpus: A petition for personal liberty or release from detention filed by an Individual. It means ‘to have control of body’. On receipt of the petition against the order of the lower court or the individual under which the person is or is being detained, the court can issue a direction of release. It is in the nature of an order calling upon the person who has detained another to produce the latter before the court
2. Writ of Mandamus: A petition to issue a command is a Writ of Mandamus. To issue a direction to a lower authority or to any Individual to restrain him from doing any activity, which can result in injustice to the general public or any specific group or individual. Such a petition can command any public authority or tribunal to perform an act which it is bound to perform. It can be granted against a public authority as well under certain conditions such as acted against the law, exceeded his limits of power, abused his discretionary powers, and others.
3. Writ of Prohibition: A petition to issue a direction or command to any local authority or court to restrict it from acting beyond its jurisdictional powers. It is popularly known as ‘stay order’ and issued with the consequences for doing any act or taking action against its reserved powers. It means “To be Certified”. Both preventive and curative. Issued by SC and HC’s for quashing the order of any inferior court, tribunal, or Quasi-Judicial body.
4. Writ of Certiorari: A petition to issue an order or command against the decision/order of the lower authority where found that the authority has disregarded the laws and principles of natural justice in taking the decision. In short, the petition calls for the records or the facts from the lower authority on the basis of which any summon/order was issued. On the satisfaction of facts /records placed by the lower authority, the decision shall be accepted or restricted.
5. Writ of Quo Warranto: A petition to restrict – a person to hold a position in any government office or involvement in any decision relating to the victim. It is required to prevent the official to exercise any powers of the position as such which he is not entitled to hold and/or to nullify the decision taken by him if any. It shall be applicable to all public offices and not to private organizations.
Issued to restrain a person from holding a public office subject to the following conditions:
– Public office created by a statue
– Person to be appointed by a statute or statutory instrument.
Over and above forms of the writ, Judicial review is the idea, fundamental to the system of government, that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judicial branch. Judicial review allows the Supreme Court to take an active role in ensuring that the other branches of government abide by the constitution. It is one of the checks and balances in the separation of powers. It is the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority.
Thus, the concept of Writ petition was brought in the Constitution to help a victim if he/she/they is deprived of any right or injustice made to them or to help them fight against any decision taken by the last legal authority.
We have curated a clear(non-exhaustive) list for you:
We have a specialized, proficient, and highly professional team of experienced and young Writ Lawyers. It is integral for a Firm to have a team of energetic, dynamic young blood with a combination of the most experienced, and specialized lawyers.
The competency is reflected in how well-versed, thoroughly researched, and factually accurate the Writ lawyers’ evidence is and thus portrays their efficiency. It has to be acknowledged that there are more than one conceivable arrangements or parcel of points of reference to help the argument. Thus, a proficient Writ Lawyer ought to have the ability to assess all these possibilities, assess them before presenting the same.
It is equally important to have thorough research abilities. It is required to look into important case laws, points of reference, corrections to help the contentions because they are most important for a writ lawyer. It must be noted that at the High court level, the law points carry more weight than the detailed facts. Not to say that facts don’t carry importance but it is highly important for a writ lawyer to have an emphasis on the low points. This requires a huge amount of dedication and hard work to understand such intricacies.
Post these procedures it is equally important for a Writ Lawyer to represent all the acquired data and information aptly before the presiding Judge. Any important evidence missed out at the stage of the trial, affects the case at every stage i.e. at Letters Patent Appeal and Special Leave Petition. Thus, has to be crucially undertaken. That’s what our firm is good at. It is also essential to have a detailed Knowledge of the Diverse Areas of Law for your Writ Lawyer. In most cases, there are multiple remedies that may be available and it is up to your lawyer, to decide the most appropriate remedy in the given facts and circumstances of your case.
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