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Petitions & Procedures
Step-by-step guides on common petitions, procedures and requirements before India's High Courts, with the purpose, jurisdiction, stages and documents for each.
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Common Petition Guides
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Which petition or procedure applies to your situation?
The table below points to the guide that explains the usual route for each situation. It is general information, and the right remedy depends on the facts and the law that applies.
| Situation | Read this guide |
|---|---|
| An order or action of the government or a public authority affects a right | Writ Petition |
| A decree in a civil suit has gone against you | Civil Appeal |
| A conviction or acquittal is to be challenged | Criminal Appeal |
| An FIR or criminal case is to be challenged | Quashing of FIR |
| Arrest is feared, or a person is in custody | Bail Application |
| A cheque has been dishonoured | Cheque Bounce (Section 138 NI Act) |
| Someone may sell or take over property while a suit is pending | Temporary Injunction in Property Disputes |
| A government employee has a service dispute | Service Matters |
| There is an arbitration clause or an arbitral award | Arbitration Matters |
| A High Court judgment is to be taken to the Supreme Court | Special Leave Petition (Supreme Court) |
| An issue affects many people who cannot approach the court | Public Interest Litigation |
Frequently asked questions on petitions and procedures
What is a petition in a High Court?
A petition is a written application that asks a High Court for a remedy, such as a direction to a public authority, the quashing of a proceeding, or the setting aside of an order. It states the facts, the grounds and the relief sought, and is supported by an affidavit and the relevant documents.
What is the difference between a writ petition, an appeal and a revision?
A writ petition under Article 226 is a constitutional remedy used mainly against unlawful action by the State or a public authority. An appeal is a statutory right to have a decision reviewed by a higher court on facts or law. A revision is a limited review by a higher court of the legality or propriety of an order of a lower court. The right route depends on the law governing the matter.
How do I know which High Court to approach?
A writ petition is filed in the High Court within whose territory the cause of action arises, wholly or in part. An appeal or a revision goes to the High Court that supervises the court that passed the order. The High Court directory on this website lists the territorial jurisdiction of every High Court.
Can a person file a petition in a High Court without an advocate?
High Courts allow a party to appear in person, subject to their rules. A petition has to follow the court's format, so most litigants engage an advocate. Only an Advocate-on-Record can file a petition in the Supreme Court.
What documents are usually needed to file a High Court petition?
Commonly a petition with a verification, an affidavit, an index, a synopsis and list of dates, a copy of the order or document challenged, the supporting annexures, the advocate's authority, and the court fee or stamps. The exact list depends on the High Court and the type of proceeding.
Is this website's information legal advice?
No. The guides give general information about procedure. They do not apply to the facts of any particular case, and procedure, forms, fees and time limits differ between High Courts and change over time. Consult an advocate and check the rules of the court concerned before filing.
General information only. These guides explain the general position of the law and are not legal advice for any particular case. Procedure, forms, fees and time limits differ between High Courts and change over time. Check the rules of the court concerned and the text of the law, or consult an advocate, before filing.