Legal Question in Appeals and Writs in India

High court order

Sir,

I have a question. The High Court passed order in Writ Petition to expedite the matter relating to land. Now the department is not expediting the matter in full only part is expedited as the Court Order is not fully clear. Now please help me, whether I can file Petition for review of order or other Petition so that the Courts Order becomes clear.

THANKS.


Asked on 12/02/08, 1:57 pm

4 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: High court order

Instead of fresh petition file contempt petition.

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Answered on 12/03/08, 10:09 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: High court order

You may consider any of the following remedies :

(a) Misc Application : File an application for "clarification" of the order;

(b)Contempt Petition: File a contempt petition in the High Court complaining non-compliance with its order;

(c) Fresh Petition : Make a representation to the authorities; and if the authorities pass an appropriate order refusing to accept your request, you may chellege that order in a fresh writ petition; if no reply is received, you may still file a fresh petition for a Mandamus to the authorities.

Depending upon advice of your local counsel, all the three remedies may also be pursued simultaneously.

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Answered on 12/02/08, 3:34 pm
Nasir Butt Nasir Law Associates

Re: High court order

Contempt petition and/or petition for implementation may be considered to file.

Petition for implementation is meant to implement the earlier order of High Court, whereas contempt petition also lies, if you consider it appropriate at earlier stage.

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Answered on 12/02/08, 9:00 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: High court order

I would advise you to file a contempt petition.

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Answered on 12/19/08, 2:31 am


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