Affidavit For Writ of Certiorari Writ Petition Under Article 226 and 227 Filed in High Court
Affidavit For Writ of Certiorari Writ Petition Under Article 226 and 227 Filed in High Court
Affidavit For Writ of Certiorari Writ Petition Under Article 226 and 227 Filed in High Court
___________________ PETITIONER
VERSUS
AFFIDAVIT
1. That I am the Petitioner in this writ petition and in such capacity I am well
conversant with the facts and circumstances of this case and as such I am competent to
swear this affidavit.
2. That the accompanying application which has been drafted under my instructions
and I have read and understood the averments made therein. I further state that the
averments made therein are true and correct to my knowledge and belief.
3. That I have read and understood the content of Writ Petition. I have read and
understood the contents of the accompanying synopsis & List of Dates at Pages ____
to ______, Writ Petition at Pages ___ to ____, Para ____ to ____, Grounds ____ to
____ and all accompanying Applications. I state that the facts therein are true and
correct to the best of my knowledge and belief. I further state that the Annexures
annexed to the Writ Petition are true copies of their respective originals.
DEPONENT
VERIFICATION:
Verified at New Delhi on this ___ day of _______ 20__ that the contents of my
aforesaid affidavit are true and correct to my knowledge and belief. No part of it is
false nor anything material has been concealed therefrom.
DEPONENT
(1) Notwithstanding anything in Article 32 every High Court shall have powers,
throughout the territories in relation to which it exercise jurisdiction, to issue to any
person or authority, including in appropriate cases, any Government, within those
territories directions, orders or writs, including writs in the nature of habeas corpus,
mandamus, prohibitions, quo warranto and certiorari, or any of them, for the
enforcement of any of the rights conferred by Part III and for any other purpose.
(2) The power conferred by clause ( 1 ) to issue directions, orders or writs to any
Government, authority or person may also be exercised by any High Court exercising
jurisdiction in relation to the territories within which the cause of action, wholly or in
part, arises for the exercise of such power, notwithstanding that the seat of such
Government or authority or the residence of such person is not within those territories.
(3) Where any party against whom an interim order, whether by way of injunction or
stay or in any other manner, is made on, or in any proceedings relating to, a petition
under clause ( 1 ), without
(a) furnishing to such party copies of such petition and all documents in support of the
plea for such interim order; and
(b) giving such party an opportunity of being heard, makes an application to the High
Court for the vacation of such order and furnishes a copy of such application to the
party in whose favour such order has been made or the counsel of such party, the High
Court shall dispose of the application within a period of two weeks from the date on
which it is received or from the date on which the copy of such application is so
furnished, whichever is later, or where the High Court is closed on the last day of that
period, before the expiry of the next day afterwards on which the High Court is open;
and if the application is not so disposed of, the interim order shall, on the expiry of
that period, or, as the case may be, the expiry of the aid next day, stand vacated.
(4) The power conferred on a High Court by this article shall not be in derogation of
the power conferred on the Supreme court by clause ( 2 ) of Article 32.
(1) Every High Court shall have superintendence over all courts and tribunals
throughout the territories interrelation to which it exercises jurisdiction
(2) Without prejudice to the generality of the foregoing provisions, the High Court
may
(c) prescribe forms in which books, entries and accounts shall be kept by the officers
of any such courts
(3) The High Court may also settle tables of fees to be allowed to the sheriff and all
clerks and officers of such courts and to attorneys, advocates and pleaders practicing
therein: Provided that any rules made, forms prescribed or tables settled under clause
(2) or clause (3) shall not be inconsistent with the provision of any law for the time
being in force, and shall require the previous approval of the Governor.
(4) Nothing in this article shall be deemed to confer on a High Court powers of
superintendence over any court or tribunal constituted by or under any law relating to
the Armed Forces.