Law4u - Made in India

How does one file a case in the High Court in India?

10-Mar-2023
High Court

Answer By law4u team

To file a case in the High Court in India, here is the general procedure: Drafting of the Petition: The first step is to draft a petition outlining the facts and legal arguments of the case. The petition must be signed by the petitioner or their authorized representative and must include supporting documents and annexures. Payment of Fees: The petitioner must pay the requisite court fee as per the schedule of fees prescribed by the court. Filing of Petition: The petition, along with the court fee, must be filed in the registry of the High Court. The registry will assign a diary number to the petition and issue a receipt. Service of Notice: After the petition is filed, the court will issue a notice to the respondents (opposite parties) informing them about the filing of the petition and the date of the hearing. Appearance: The respondent may file a written statement in response to the petition and appear before the court on the date of the hearing. Hearing: The court will hear the arguments of both parties and may ask for clarifications or additional evidence. Judgment: After considering the arguments and evidence presented, the court will pass a judgment either granting or rejecting the relief sought by the petitioner. It is important to note that the procedure for filing a case in the High Court may vary depending on the type of case and the jurisdiction of the court. In some cases, the petitioner may be required to approach the court through a lawyer or an advocate. It is advisable to consult a legal expert to understand the specific procedure and requirements for filing a case in the High Court.

Answer By Ayantika Mondal

Dear Client, Depending on the kind of case (civil criminal writ etc. ) there are a number of steps involved in filing a case in the High Court. The overall procedure is shown below: Step-by-step instructions: Establish Jurisdiction. Verify whether the matter falls under the High Court's original appellate or writ jurisdiction. Hire an Attorney. Employ a lawyer who is a member of that High Court. There are instances where an advocate-on-record is required particularly in writ petitions. Prepare the appeal or petition. Create a properly formatted legal petition such as a criminal appeal civil appeal or writ petition. With affidavits and supporting documentation. Court costs as well as Vakalatnama. Pay the proper court costs which differ depending on the state and the nature of the case. Submit a vakalatnama giving your attorney permission to act on your behalf. Submitting at the filing counter. Send documents to the High Court registrys filing section. Review and Listing:. The documents are examined by the court employees. A judge will hear the case if it is determined to be in order. Hearing and Admission. The judge may: Admit the case and give the other party notice. At the threshold reject it if it is determined to be without merit. Further Hearings: After being admitted the case moves forward with arguments, interim orders evidence (if required) and a final judgment. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

High Court Verified Advocates

Get expert legal advice instantly.

Advocate Hiteshkumar D Parmar

Advocate Hiteshkumar D Parmar

Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Criminal, Cyber Crime, High Court, RERA, Succession Certificate, Revenue, Anticipatory Bail

Get Advice
Advocate Alka Shelke Morepatil

Advocate Alka Shelke Morepatil

Civil, Criminal, Divorce, Family, High Court

Get Advice
Advocate Dhanraj Jitendra Khosla

Advocate Dhanraj Jitendra Khosla

Anticipatory Bail, Cheque Bounce, Criminal, Cyber Crime, Documentation, High Court, Domestic Violence

Get Advice
Advocate Devansh Pandey

Advocate Devansh Pandey

Revenue, Supreme Court, Wills Trusts, Succession Certificate, Trademark & Copyright, Recovery, R.T.I, Property, Patent, Medical Negligence, Motor Accident, Muslim Law, Media and Entertainment, Landlord & Tenant, International Law, Labour & Service, Immigration, High Court, Family, Insurance, Domestic Violence, GST, Documentation, Divorce, Customs & Central Excise, Criminal, Cyber Crime, Court Marriage, Corporate, Child Custody, Cheque Bounce, Consumer Court, Breach of Contract, Civil, Bankruptcy & Insolvency, Banking & Finance, Arbitration, Anticipatory Bail, Startup

Get Advice
Advocate Sanjay Upadhyay

Advocate Sanjay Upadhyay

Anticipatory Bail,Consumer Court,Criminal,High Court,Medical Negligence,Divorce,

Get Advice
Advocate Abhishek Tiwari

Advocate Abhishek Tiwari

Criminal, Anticipatory Bail, Cheque Bounce, Child Custody, Court Marriage, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Medical Negligence, Muslim Law

Get Advice
Advocate Vignesh Kumar

Advocate Vignesh Kumar

Anticipatory Bail, Bankruptcy & Insolvency, Cheque Bounce, Civil, Criminal, Cyber Crime, Family, High Court, Landlord & Tenant, Motor Accident

Get Advice
Advocate S R Londhe

Advocate S R Londhe

Anticipatory Bail, Child Custody, Court Marriage, Divorce, Domestic Violence, Family, High Court, Wills Trusts

Get Advice
Advocate K Rajkumar

Advocate K Rajkumar

Civil, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Property, Child Custody, Banking & Finance, Breach of Contract, Cyber Crime, Insurance, Labour & Service, High Court, Anticipatory Bail, Bankruptcy & Insolvency, Court Marriage, Corporate, Muslim Law, Landlord & Tenant, Documentation

Get Advice
Advocate Ajay Kumar

Advocate Ajay Kumar

Anticipatory Bail, Cheque Bounce, Civil, Corporate, Criminal, Documentation, High Court, Landlord & Tenant, NCLT, Property, Succession Certificate, Trademark & Copyright, Wills Trusts, Breach of Contract

Get Advice

High Court Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.