supposing a petition has been rejected by National Commission because it is time barred and we go to the next court, what should it be High Court or Supreme Court? We do not want to appeal against the National Commission order but only to file our case for fresh hearing. Do we have to go to SC or HC?
1 Answer from Attorneys
You may consider filing writ of mandamus in the appeal court. However, please bear in mind that most writ petitions are unsuccessful regardless of wherever they are filed. There are several kind of writ petitions, but all have one thing in common, they are asking an appellate level court to take some extraordinary action and intervene in another court's process to institute some higher legal remedy or legal relief. SPL could be another alternative. For further queries, Contact me on 08527945077 or email: [email protected] or via LawGuru.
MUKESH RALHAN, ADVOCATE
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