12 Types of Petitions in Indian Court

Petitions form the backbone of legal remedies in India, serving as formal requests to courts for justice and resolution. The types of petition filed in Indian courts vary widely, each addressing specific legal needs and governed by unique statutory provisions. From arbitration petitions to writs and curative appeals, understanding these categories is crucial for navigating the Indian judicial system. Whether you're seeking to protect your rights or resolve disputes, this guide delves into the essential types of petitions, their purposes, and the courts where they can be filed. Dive in to gain insights into the legal framework and procedural nuances of petitions in India.

TYPES OF PETITION IN INDIA

In India, the following kinds of petitions are mainly filed:

1. Arbitration Petition

These petitions are filed in the Supreme Court of India. The statutory provisions for such a petition are in Section 11(5) of the Arbitration and Conciliation Act, 1996.

2. Civil (Appeal) Petition

These petitions are filed in the Supreme Court of India. The statutory provisions for such Petition are in Article 132,133, and 136 of the Indian Constitution read with Rules of the Supreme Court. Similarly, they can also be filed under appropriate provisions of the Central Excise Act, Consumer Protection Act, Telecom Regulatory Authority of India Act, 1997, Advocates Act, 1961, Contempt of Courts Act, etc.

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3. Contempt Petition (Civil)

These petitions are filed in the Supreme Court of India. The statutory provisions for such Petition are in Rule 3 of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, read with Section 2(b) of the Contempt of Courts Act, 1971 Articles 129 and 142(2) of the Constitution.

4. Contempt Petition (Criminal)

These petitions are filed in the Supreme Court of India. The statutory provisions for such Petition are in Rule 3 of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, read with Section 2(c) of the Contempt of Courts Act, 1971 Articles 129 and 142(2) of the Constitution.

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5. Criminal Appeal Petition

These petitions are filed in the Supreme Court of India. The statutory provisions for such Petition are in Article 134 and 136 of the Indian Constitution, read with the Supreme Court Rules. A criminal appeal petition can be filed under appropriate sections of Armed Forces Tribunal Act, 2007, Section 374 and Section 380 Contempt of Courts Act, 1971 of the Code of Criminal Procedure, 1973, etc. Know more about Criminal Appeal Petition in India

6. Election Petition

These petitions are filed in the Supreme Court of India. The statutory provisions for such Petition are in Elections Act, 1952 (31 of 1952) read with Article 71 of the Constitution and Order XLVI of the Rules relating to doubts and disputes about a President's election as Vice-President.

7. Original Suit

These petitions are filed in the Supreme Court of India. The statutory provisions for such a petition are in Article 131 of the Indian Constitution. The Petition may be about any dispute:

i. between the Government of India and one or more States; or

ii. between the Government of India and any State or States on one side and one or more other States on the other; or

iii. between two or more States.

8. Petition for Special Leave to Appeal

These petitions are filed in the Supreme Court of India. The statutory provisions for such Petition is under Article 136 of the Constitution from an order of the High Court refusing to grant a certificate under Article 134A of the Constitution or in any other case from any judgment, decree, determination, sentence, or order passed or made by any Court or Tribunal, except relating to armed forces. It may be either civil SLP or criminal SLP.

9. Transferred Case Petition

These petitions are filed in the Supreme Court of India. The statutory provisions for such Petition are in Article 139A(1) of the Constitution read with Order XL of the Rules upon being transferred by the High Court to the Supreme Court.

10. Writ Petition

These petitions are filed in the Supreme Court and High Courts of India. The statutory provisions for such Petitions are in Article 32 and 226 of the Constitution to file in the Supreme Court and High Courts, respectively. The Court may issue writs like habeas corpus, mandamus, certiorari, quo warranto, and prohibition.Know more about Writ petition.

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11. Review Petition

These petitions are filed in the Supreme Court of India. The statutory provisions for such Petition are in Article 137 of the Constitution read with Order XLVII of the Supreme Court Rules 2013 is a Review Petition. It may be either civil or criminal.

12. Curative Petition

These petitions are filed in the Supreme Court of India. The statutory provisions for such Petition are in Order XLVIII of the Supreme Court Rules 2013 shall be Curative Petition. It may be either civil or criminal.

Conclusion

Understanding the types of petition available in India is crucial for effectively accessing justice and resolving disputes. Each petition, from arbitration and writs to curative appeals, serves a unique purpose within the legal framework, ensuring fairness and protecting individual rights. By identifying the appropriate type of petition and the relevant court, you can navigate the judicial process more confidently.

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About The Author:

Mr. Seetharaman.S is a practicing lawyer at High court, all relevant courts in Mumbai. He is a legal consultant & practices All litigation matters management, civil, family, consumer, Banking & co op, labour & employment, business & corporate, DRT,NCLT, criminal, railway & insurance, property, money suits, arbitration etc.He provides best legal services and effective manner successfully.

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