Courts & Appellate Practice

High Court Litigation

The High Courts hear writ petitions against the State and public authorities, appeals and revisions from subordinate courts, and bail and quashing applications in criminal matters. Their writ jurisdiction under Article 226 is wider than that of the Supreme Court under Article 32.

Hanmat Lodhi Advocate at the gates of the High Court of Himachal Pradesh, Shimla
High Court of Himachal Pradesh, Shimla

Matters handled

Writ petitions (Article 226)
Habeas corpus, mandamus, certiorari, prohibition and quo warranto against the State and public authorities, for fundamental rights and “for any other purpose”.
Supervisory jurisdiction (Article 227)
Petitions against orders of subordinate courts and tribunals within the High Court’s territory.
Civil appeals and revisions
First appeals, second appeals on substantial questions of law (Section 100, CPC), and civil revisions.
Bail and anticipatory bail
Regular bail and anticipatory bail applications under the BNSS, which replaced the Code of Criminal Procedure for proceedings from 1 July 2024.
Quashing
Petitions under the High Court’s inherent powers to quash an FIR or criminal proceedings in appropriate cases.
Criminal appeals and revisions
Appeals against conviction or acquittal, and revisions against orders of criminal courts.
Service, education and tax writs
Challenges to decisions in public employment, admissions and examinations, and tax demands.

How proceedings typically run

  1. Maintainability Whether the High Court is the right forum, including whether an effective alternative remedy exists, which courts usually expect a party to use first.
  2. Drafting and filing Petition or appeal with grounds, annexures and any application for interim relief.
  3. Admission The Court decides whether to issue notice, and may grant interim orders.
  4. Pleadings Counter-affidavit by the respondents and rejoinder.
  5. Final hearing and judgment Arguments on the record, followed by judgment. Further remedy may lie to the Supreme Court.

Documents usually needed

  • The order or action challenged
  • Representations made to the authority and replies received
  • FIR, charge sheet or relevant orders in criminal matters
  • Identity and address documents for vakalatnama and affidavits

Please do not send original documents or confidential material through this website. Documents are reviewed only after the chamber has agreed to consider a matter.

Common questions

Can I approach the High Court directly against a government decision?

Often, through a writ petition. But where a statute provides an effective alternative remedy, such as an appeal or a tribunal, the High Court usually expects that remedy to be used first, except in recognised exceptions.

Can the High Court grant bail if the Sessions Court has refused it?

Yes. The High Court and the Court of Session have concurrent bail powers. In practice the Sessions Court is ordinarily approached first.

Related areas

General information only, not legal advice. The law stated is subject to change; reviewed by Hanmat Lodhi Advocate.

Professional enquiries

Contact the chamber

Enquiries are received by telephone and at the chamber. Please do not send confidential documents through this website or social media.

WhatsApp +91 90744 09228 (opens WhatsApp) Call +91 90744 09228

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