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 Santoshi Gupta

Advocate Santoshi Gupta

Criminal, Civil, Anticipatory Bail, Corporate, Cyber Crime, Domestic Violence, Family, High Court

Get Advice
Advocate Atul Sharma

Advocate Atul Sharma

Criminal, Corporate, Divorce, Cyber Crime, Insurance, Family, Civil, High Court, Labour & Service, Landlord & Tenant, Media and Entertainment, R.T.I, Property, Recovery, Wills Trusts, Tax

Get Advice
Advocate Vivek Verma

Advocate Vivek Verma

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Azhar Khan

Advocate Azhar Khan

Anticipatory Bail,Cheque Bounce,Child Custody,Criminal,Documentation,High Court,Insurance,

Get Advice
Advocate Kamal Mirani

Advocate Kamal Mirani

Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Muslim Law, Property, Recovery, Supreme Court, Trademark & Copyright, Anticipatory Bail

Get Advice
Advocate Syed Junaid

Advocate Syed Junaid

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Corporate, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Motor Accident, Muslim Law, Property, Recovery, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Ratnesh Gupta

Advocate Ratnesh Gupta

Anticipatory Bail,Bankruptcy & Insolvency,Breach of Contract,Cheque Bounce,Corporate,Court Marriage,Criminal,Cyber Crime,Divorce,GST,Family,High Court,Labour & Service,Motor Accident,Supreme Court

Get Advice
Advocate Minaketan Mishra

Advocate Minaketan Mishra

Arbitration, Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, RERA, Succession Certificate, Property, Wills Trusts, Revenue

Get Advice
Advocate Deepashri Phadte

Advocate Deepashri Phadte

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

Get Advice
Advocate Anup Chaturvedi

Advocate Anup Chaturvedi

Anticipatory Bail, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Insurance, Landlord & Tenant, Motor Accident, Property, Recovery, Revenue, Banking & Finance, Bankruptcy & Insolvency, Cheque Bounce, Breach of Contract, Arbitration

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.