writ
pratik
(Querist) 31 July 2010
This query is : Resolved
1)I have heard that a writ can be filed when the appeal is not perferable or the person cant appeal in any law so if he what to go furhter he can file a writ in high court. also i have heard that when a question of nature justice comes than a writ is ONLY maintianable & not appeal.
As per the below findings
A WRIT PETITION can be filed to the Supreme Court, challenging the fact finding process adopted by ITAT. If the Supreme Court is satisfied that the Fact Finding process is not proper, then the Order of ITAT shall be quashed and a direction shall be issued by the Supreme Court to the ITAT to do the Fact Finding in a proper manner and /or as per the direction.
It can come to now that if the appeal is notmaintainable in law than writ petition is allowed.
So tell me when the person can file a writ petition. So were it has been defined or any case laws.
2)Which one is better one whether to file a PIL or SLP which one is more advantages & disadvanatges also when can a SLP & PIL can be filed. CIRUMSTANCES & PROCESS TO FOLLOW.
Thanks In Advance.
R.Ranganathan
(Expert) 31 July 2010
Writ Jurisdiction can be invoked only under the following circumstances:
1) when there are no other remedies available.
2) When you have exhausted all other remedies and the orders are not proper as per the legal requirements.
3) When No remedy is available in respect of any particular matter.
4) When no immediate and efficacious remedy is available.
