Petition And Writ Difference
Description
How to fill out Petition For Writ Of Mandamus Or Mandate To Compel Court To Expunge Record Of Arrest, Trial, And Conviction - Expungement?
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FAQ
Every petition under 1[Article 226 and/or Article 227]1 of the Constitution shall be signed by the petitioner or his Advocate who shall also sign or put his thumb mark at the foot of every page of the petition. The petition shall be supported by an affidavit in Form No.
Writ Petition is an order by a higher court to a lower court or courts, directing them to do something or stop them from doing something. Writ is a form of written command in the name of the court. It directs you to act in a specific way.
A writ petition is filed in order to protect both the fundamental and constitutional rights in India. In contrast, an appeal is basically a motion filed before a Higher judge on which a judge of a lower court has passed an order, and such an order passed is unsatisfactory to the aggrieved person filing the appeal.
Therefore, a writ can be understood as a formal written order issued by a Court having authority to issue such an order. Orders, warrants, directions, summons etc. are all essentially writs. A writ petition is an application filed before the competent Court requesting it to issue a specific writ.
A document or order that directs any form of action from a court is generally known as a writ. Writs provide directions from an entity that holds jurisdictional or administrative power to another party. Writs were developed as part of the English common law system and were primarily issued by Anglo-Saxon monarchs.