Writ Proceedings Rules Madras High Court

The individual must take steps to receive the notice within 14 days of the date of publication. On the expiry of those fifteen days, if the party does not receive the notification, the Registry shall bring the matter before the Court of Justice. If the delay is found, the court may grant an extension of 14 days. Even after the expiry of that period, if no action is taken, the Court rejects the findings. The defendant must respond to the request within 8 weeks from the date of service of the notice. The court may extend this time limit or tolerate delay if the reply is filed late. The affidavit is also created in a paper book with consecutively numbered pages. Each written petition, with the exception of the (criminal) application for interim measures, is divided into one of the following categories: The Madras High Court of Justice has published the “Madras High Court Rules, 2021”, which entered into force on 08.09.2022 and apply to all proceedings under Section 226 of the Constitution of India filed in the Madras High Court after 08.09.2022. This rule replaces the previous rules. Applications for interim measures, by class, are submitted to the Court for admission according to the list assigned by the Chief Justice from time to time, with miscellaneous applications, if any, for the filing of a single motion in writ, waiver of the original impugned order and for other injunctions.

At the hearing, the court may admit the written application and issue a provision or decision and issue such an interim injunction or dismiss the application. The nisi rule can be returned within 4 weeks or earlier depending on the court order. The following categories of written requests shall be submitted to a Chamber: The court may order such costs and security as it considers fair and necessary in all proceedings to which these Rules apply. Home Articles Other Topics Mr. M. GOVINARJAN Experts The following forms are required for the purposes of these Rules of Procedure. The court may hear the applicant and the respondents on such dates as it may duly fix. If a person wishes to be heard on behalf of one of the parties, the Court may hear him only on points of law. The Court may order that person to pay the costs.

At the final hearing, the defense lawyer who wishes to file procedural notes may do so with the permission of the court. These notes are limited to the facts and reasons given. The party issuing the notice must file an affidavit proving service of the notice on the other party. The court may also order the defendants to appear before the court at the hearing. In case of emergency, a communication to the Government may be sent to the Permanent Council. The applicant must file with the affected parties within 5 business days of the date of the order. The applicant shall also pay the costs of the proceedings. Each communication must be accompanied by a copy of the petition or affidavit. Any person who wishes to be heard before a provisional injunction is issued may file a reservation application, which is valid for 90 days from the date of its filing. The Caveator will deliver a notice of the registered RFA to the person(s) to whom the petition is intended to be presented. The High Court may maintain a register of reserves or other registers in electronic form to facilitate the online search for reservations by parties and lawyers.

The Court may review its decisions, but no application for review is accepted except on the grounds set out in Regulation XLVII, Rule 1 of the Code of Civil Procedure of 1908. The request for reconsideration shall be made within 30 days of the date of the requested review. The petition must clearly state the reasons for the review. The application for review is dealt with by the same judge who rendered the decision to be reviewed. The court may either dismiss the application or inform the defendants directly. Written petitions (criminal complaints) are submitted to the single judge, who hears applications in accordance with article 482 of the Criminal Code in accordance with the instructions of the President of the Supreme Court. Any doubt about the categorization is submitted to the competent judge for decision. If service is not served, the following procedure will be followed: the defendant`s lawyer may appear before the court on behalf of the defendant. Within 10 days of his appearance, the lawyer must inform the applicant`s lawyer of his appearance in the form – 13. If the paper book had not been previously produced, the applicant`s lawyer shall give a copy to the defendant`s lawyer. The communication may be served by court order in one or more of the following ways: The Chamber may at any time refer the case to the Grand Chamber, taking into account the importance and complexity of the case.