Quick Answer: Can A Case Be Filed Directly In High Court?

What kind of case goes to Supreme Court?

The United States Supreme Court is a federal court, meaning in part that it can hear cases prosecuted by the U.S.


(The Court also decides civil cases.) The Court can also hear just about any kind of state-court case, as long as it involves federal law, including the Constitution..

Can we directly go to high court?

Another exception to the hierarchy of Courts where parties have to directly approach a higher court is under Article 131 of the Constitution of India. … Thus, in all such disputes, the aggrieved party, whether the centre or any state, must directly approach the Supreme Court.

What is the time limit to file writ petition in High Court?

12. Under Article 226 of the Constitution of India, there is no time limit for filing a Writ Petition. However, there should be a reasonable time to file the writ petition, for seeking seniority or promotion.

What is original side of High Court?

This is called its “original” side. The name itself suggests that at the time of its origin, it served both as an appellate court and a lower court (within a given jurisdiction). The latter responsibility has not been taken away from the Calcutta High Court and also from the high courts of Bombay and Madras.

Can we file PIL in High Court?

PILs can be filed either in the High Court or in the Supreme Court. What is the procedure for filing a PIL? One has to do thorough research before filing a PIL. In case of filing a PIL concerning several individuals, it is important and the best course for the petitioner to consult all affected interest groups.

What is court fees in India?

A fee that is imposed on a litigant to contest a case in the court of law. This fees is levied by the government on the people seeking judicial remedies through a legislation. The concept of court-fee was introduced in India by the British during the colonial era.

What is the difference between lawyer and advocate?

Lawyer is a person who is still in the process of pursuing Law/LL. B. This person is not eligible to stand in the court on behalf of his/her client although he/she can give legal advice. … On the other hand the advocate is a special type of lawyer who can stand in favour of a client in a court.

How a case is filed in court?

The plaintiff files a document (a complaint or a petition) with the clerk of the court stating the reasons why the plaintiff is suing the defendant and what action the plaintiff wants the court to take. … The plaintiff must state whether the case is eligible for arbitration according to court rule.

Which is the highest court in the state?

state supreme courtIn the United States, a state supreme court (known by other names in some states) is the highest court in the state judiciary of a U.S. state. On matters of state law, the judgment of a state supreme court is considered final and binding in both state and federal courts.

How can I file a case in High Court in India?

File requisite amount of procedure – fee in the court. File 2 copies of plaint for each defendant in the court. Of, the 2 copies for each defendant, one shall be sent by Register/post/courier, and one by Ordinary post. Such filing should be done within 7 days, from date of order/notice.

What is the procedure to file writ petition in High Court?

You can find a writ petition format here. After drafting, you can file the petition at the filing counter in court. On the date of hearing, the court will admit the petition and send a notice to the other party. Then, the court will fix another date for the hearing.

How can I fight my court case in India?

Provision for Fighting One’s Own Case as per Advocate’s Act. Section 32 of the Advocate’s Act clearly mentions, the court may allow any person to appear before it even if he is not an advocate. Therefore, one gets the statutory right to defend one’s own case through Advocate Act in India.

What are the 5 types of writs?

The five types of writs are:Habeas Corpus.Mandamus.Prohibition.Certiorari.Quo-Warranto.

What happens if I go to court without a lawyer?

If you go to court without an attorney the judge may be willing to give you some more time to find an attorney. However, the amount of time allowed will not be unlimited. You cannot continuously go back to court saying that you need more time to save up your money to hire an attorney.

Can you act as your own lawyer?

In court cases, you can either represent yourself or be represented by a lawyer. Even for simple and routine matters, you can’t go to court for someone else without a law license. Some federal and state agencies allow non-lawyers to represent others at administrative hearings.

What type of cases go to high court?

Appeal from the decisions of the District Court in the Civil or Criminal Matter lie to the High Court. As per the hierarchy system of the Courts, the trial courts are subordinate to the High Court to administer the civil and criminal cases.

Can I fight my own case in High Court?

You have the right to fight your own cases without engaging any advocate. It is not necessary that you must engage an advocate to fight your case in a court. A party in person is allowed to fight his own case in the court. … Even for filing a petition, there is a set procedure which may differ from court to court.

Who can file writ petition?

A writ petition can be filed by any person whose Fundamental Rights have been infringed by the State. Under a Public Interest Litigation, any public-spirited person may file a writ petition in the interest of the general public even if his own Fundamental Right has not been infringed.