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Petitions & Filing Guides

General information on common petitions and applications before the High Court: purpose, jurisdiction, procedural stages and documents.

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.

Writ Petition

Purpose

Article 226 of the Constitution of India empowers every High Court to issue directions, orders or writs, including habeas corpus, mandamus, prohibition, certiorari and quo warranto, for the enforcement of fundamental rights and for any other purpose. A writ petition is commonly used to challenge the action or inaction of the State, a public authority or a body performing a public function.

Jurisdiction

A petition is filed in the High Court within whose territorial limits the cause of action arises, wholly or in part (Article 226(2)). A person may also approach the Supreme Court directly under Article 32 for the enforcement of fundamental rights.

High Courts ordinarily expect the petitioner to have used an effective alternative remedy first. This is a rule of discretion and not an absolute bar.

Procedural stages

  1. Identify the right affected, the authority concerned and the order or action complained of, and collect the documents.
  2. Draft the petition: facts in date order, grounds, and the prayer (the relief sought), with an affidavit verifying the facts.
  3. File the petition with the High Court registry in the manner the court's rules require, and remove any defects the registry points out.
  4. The petition is listed before a bench. The court may hear it at the admission stage, issue notice to the respondents and consider interim relief.
  5. The respondents file their reply and the petitioner may file a rejoinder.
  6. Final hearing, followed by a judgment or order.

Documents commonly required

  • Petition with annexures
  • Affidavit in support
  • Copy of the order, notice or communication challenged
  • List of dates and synopsis, where the court's rules require them
  • Authority or vakalatnama for the advocate
  • Court fee or stamps, and copies for the respondents, as the rules require

Limitation and timing

Article 226 does not prescribe a fixed limitation period, but a court may refuse relief where there is unexplained delay. Check the rules of the High Court concerned.

Official references

Civil Appeal

Purpose

A civil appeal challenges a decree or order of a lower court. A first appeal lies to the High Court against a decree of a subordinate court under Section 96 of the Code of Civil Procedure, 1908, where the law allows it. A second appeal lies under Section 100 only on a substantial question of law. Certain orders are appealable under Section 104 and Order XLIII.

Jurisdiction

The High Court hears appeals from the courts within its territory, subject to the valuation rules and the court's own appellate side rules.

Some statutes, such as the Commercial Courts Act, 2015, provide their own appeals. Where they do, that statute and the rules under it govern.

Procedural stages

  1. Obtain certified copies of the judgment and the decree or order.
  2. Check the limitation period under the Limitation Act, 1963. A delay needs an application under Section 5 giving reasons.
  3. Draft the memorandum of appeal with the grounds (Order XLI). In a second appeal, state the substantial question of law.
  4. File the appeal with the court fee and remove any registry objections.
  5. At the admission hearing the court may issue notice to the respondent and consider a stay of the decree.
  6. Records are called for, the appeal is heard, and a judgment is delivered.

Documents commonly required

  • Memorandum of appeal
  • Certified copy of the judgment and decree or order
  • Copies of pleadings and key evidence, as the court's rules require
  • Application for condonation of delay, if the appeal is late
  • Application for stay, if sought
  • Authority or vakalatnama and court fee

Limitation and timing

The Limitation Act, 1963 sets the period for each kind of appeal. Verify the period for the appeal in question from the Act and the court's rules before filing.

Official references

Criminal Appeal

Purpose

A criminal appeal challenges a conviction, a sentence or an acquittal. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure, 1973, an appeal from a conviction is provided for in Section 415 (earlier Section 374) and an appeal against an acquittal in Section 419 (earlier Section 378). The appellate court may suspend a sentence and release the appellant on bail while the appeal is pending (Section 430, earlier Section 389).

Which Code applies can depend on when the proceeding began, so check the saving provisions of the BNSS.

Jurisdiction

An appeal lies to the High Court from a conviction by a Court of Session in the cases the Code allows, including where the sentence is imprisonment of more than seven years. Appeals against certain orders and acquittals follow the provisions of the Code.

Procedural stages

  1. Obtain certified copies of the judgment and the order on sentence.
  2. Check the limitation period and, if the appeal is late, prepare an application explaining the delay.
  3. Draft the appeal memorandum with the grounds of challenge. If the appellant is in custody and seeks release, prepare an application for suspension of sentence and bail.
  4. File the appeal and remove any registry objections.
  5. At admission the court may issue notice, call for the records and consider the application for suspension of sentence.
  6. Hearing and judgment.

Documents commonly required

  • Appeal memorandum
  • Certified copies of the judgment and the order on sentence
  • Application for suspension of sentence and bail, where sought
  • Custody details and surety documents, where relevant
  • Application for condonation of delay, if the appeal is late
  • Authority or vakalatnama

Limitation and timing

Limitation for criminal appeals is set by the Limitation Act, 1963 and differs by the kind of appeal. Verify the period before filing.

Official references

Bail Application

Purpose

Bail is the release of an accused person from custody on conditions while an investigation or trial is pending. Anticipatory bail is sought before arrest by a person who apprehends arrest for a non-bailable offence. It is governed by Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), earlier Section 438 of the Code of Criminal Procedure, 1973.

Jurisdiction

Section 480 BNSS (earlier Section 437) deals with bail in non-bailable cases by courts other than the High Court and the Court of Session. The High Court and the Court of Session have special powers under Section 483 (earlier Section 439).

Which court to approach first depends on the offence, the stage of the case and the practice of the court.

Procedural stages

  1. Collect the FIR, the arrest and remand papers and, if filed, the charge-sheet.
  2. Draft the application: the facts, the grounds for release, the period in custody and details of any earlier bail application.
  3. File the application and have it listed for hearing.
  4. The prosecution may file a reply. The court hears both sides.
  5. The court may grant bail on conditions, such as sureties, reporting to a police station or surrender of a passport, or may reject the application.
  6. If bail is granted, comply with every condition. If it is rejected, the law provides further remedies.

Documents commonly required

  • Copy of the FIR
  • Arrest memo and remand orders
  • Charge-sheet or status of the investigation
  • Earlier bail orders, if any
  • Identity and address proof of the applicant and sureties
  • Medical or other papers, if relied upon
  • Authority or vakalatnama

Limitation and timing

Whether bail is granted depends on the facts of each case and the court's assessment. Nothing in this guide predicts the outcome of an application.

Official references

Public Interest Litigation

Purpose

Public interest litigation (PIL) allows a person or group to approach a High Court under Article 226, or the Supreme Court under Article 32, to enforce legal or constitutional rights of people who cannot easily approach the court themselves. It is a development of judicial practice and is not governed by a single statute.

Jurisdiction

A PIL is filed in the High Court within whose territory the issue arises. Many High Courts have their own PIL rules on the form of the petition and on disclosure of the petitioner's details and any earlier litigation.

Procedural stages

  1. Verify the facts and collect reliable material such as official records, reports and replies received under the Right to Information Act, 2005.
  2. Where appropriate, send a representation to the authority concerned and keep the reply.
  3. Draft the petition: the petitioner's details and interest, the public injury, the facts, the grounds and the relief sought, with an affidavit.
  4. File the petition as the court's PIL rules require. The court may first examine whether it is maintainable and may then issue notice.
  5. The respondents reply, the court hears the matter and may give directions.
  6. The court may monitor compliance with its directions.

Documents commonly required

  • Petition with the petitioner's details and interest in the matter
  • Affidavit
  • Official records, reports or other supporting material
  • Copies of representations made and replies received
  • Details of any earlier litigation on the same issue
  • Authority or vakalatnama

Limitation and timing

Courts have imposed costs on petitions filed for private, political or publicity reasons. A PIL should be filed only where there is a genuine public interest.

Official references