General question
Manzoor Ahmad
(Querist) 04 January 2013
This query is : Resolved
Is there any provision for
That a person can file a casein High of State for issuing Writ of Mandamus against Unaided Private school.
And at the same time can the same person file the same case before the labour court.
Are there any provisions for doing this .If yes then how can be that done.Hope you will reply in detail.
Raj Kumar Makkad
(Expert) 04 January 2013
A private unaided school is not a state instrumentality so no writ can be filed against it and on the other hand a labour case can be got filed against it.
A person cannot resort two more than court at one time for the redressal of his legal grievances for the same cause of action.
Manzoor Ahmad
(Querist) 04 January 2013
So if a person files the same case at the above mentioned two places then which one has the possibility of dismissing either the case in labour court or at High Court.
Raj Kumar Makkad
(Expert) 04 January 2013
Both cases can be got dismissed if courts come to know that the petitioner is resorting such and such practice.
R.K Nanda
(Expert) 04 January 2013
at one time u can go for only one option.
Manzoor Ahmad
(Querist) 04 January 2013
If my name is Javid and my friends name is Aslam.If both of us have a same matter or issue.Javid decides that he will file a case at High for writ of Mandamus.while Aslam will file the same case in Labour court and the name of petioner will be Aslam and others. Here others means Javid .or in the petion it will be written as petioner No 1 is Aslam and Petioner no 2 is Aslam .under these way is this possible.
Raj Kumar Makkad
(Expert) 04 January 2013
Do you think that God has given mind just to you and not to judges or lawyers or the other party against whom you are filing the cases? Your both cases shall get dismissed merely on this ground.
Sudhir Kumar, Advocate
(Expert) 05 January 2013
courts do not favour tricksters. they sympathies with genuine litigants.
