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Writ of Quo Warranto
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WRIT OF QUO WARRANTO |
1. |
Name of Act
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INDIAN CONSTITUTION |
2. |
Nature of the Case
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Civil nature |
3. |
Name of the Service
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Writ of Quo Warranto can be filed-as per Article 226 of Indian Constitution |
4. |
Description of Service
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Quo Warranto means “by what warrant”? This means that Supreme Court and High Court may issue the writ which restrains the person or authority to act in an office which he / she is not entitled to. This writ is applicable to the public offices only.
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5. Documents required |
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a) |
The order of the authority acted in such a manner that he is not entitle to do it |
b) |
All relevant documents if any |
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6. |
Time required for filing case
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within 3 working days of the Court except Saturday from the date of collection of all the requisite documents
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7. |
Official Court fees for filing case
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Rs.4000/- to 6000/- |
8. Law Firm Expenses |
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a) |
Expenses for sending legal notice |
Rs. 2,500/- & above |
b) |
Expenses for filing case |
Depends on the case |
c) |
Miscellaneous expenses for filing case
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Depends on the case |
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9. Interim Reliefs Available |
MEMORANDUM OF MISC. PETITION |
a. |
Name of Act |
Civil Procedure Code, 1908 |
b. |
Nature of the Case |
Civil nature |
c. |
Name of the Service |
for interim suspension of the order of the authority |
d. |
Description of Service |
(a) Petition can be filed with a prayer to seek interim suspension of the order of the authority till the disposal of the lower court under Section 151 of Civil Procedure Code, 1908. |
e. |
Documents required |
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i) |
Copies of all relevant documents available if any |
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f. |
Time required for filing the petition |
Petition will be filed along with the main writ |
g. Law Firm Expenses |
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i |
Expenses for filing case |
Depends on case to case |
ii |
Miscellaneous expenses for filing case |
Depends on case to case |
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Limitation for writ petitions
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Appeal is statutory remedy, writ is a constitutional remedy. Limitation for appeal is provided in the relevant statute itself. where no limitation is provided in the relevant statute, it is governed by the Limitation Act. where neither special statute nor the schedule of Limitation Act provides any limitation for a particular matter, then limitation is 90 days according to Limitation Act.
The constitution does no provide any limitation for petition under Art. 226 or 227. Therefore, in general, rule of 90 days limitation is applied for filing writ petitions. However this rule is construed liberally by the high Courts .
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