What to do if the HC has rejected the writ petition
13-May-2023 (In Civil Law)
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My petition under Article 226 rejected by Bombay Highcourt. What next remedy?
Reply by LawRato
If your petition under Article 226 of the Constitution of India has been rejected by the Bombay High Court, the next remedy available to you would be to file a Letters Patent Appeal (LPA) before a division bench of the High Court.
The LPA is a statutory right of appeal provided under the Letters Patent of the High Courts in India. It allows an appeal to be filed against a judgment or order of a single judge of the High Court to a division bench of the same High Court. However, it is important to note that an LPA can only be filed on limited grounds, such as substantial questions of law or difference of opinion between judges. The LPA cannot be filed on the basis of re-argument or a re-evaluation of evidence.
Alternatively, another available remedy is to file an appeal before the Supreme Court of India.
Under Article 136 of the Constitution, the Supreme Court has the power to grant special leave to appeal against any judgment, decree, determination, sentence or order in any cause or matter passed by any court or tribunal in India. In other words, the Supreme Court has the discretionary power to hear and decide on appeals against any judgments or orders of any court or tribunal in India, including the High Courts. The Supreme Court has the power to grant special leave to appeal only in exceptional circumstances, where a substantial question of law is involved or where there is a gross miscarriage of justice.
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