Punjab and Haryana High Court Lawyer in Chandigarh

A high court lawyer in Chandigarh practises before the Punjab and Haryana High Court at Sector 1, which is the common High Court for the States of Punjab and Haryana and the Union Territory of Chandigarh. The advocates at Aggarwal Associates, whose office is in Sector 6, MDC, Panchkula, appear before the High Court in writ, criminal, civil and service matters. This page explains the main kinds of High Court proceedings and the filing process.

What the High Court hears

The Punjab and Haryana High Court has original jurisdiction in certain matters, writ jurisdiction under Articles 226 and 227 of the Constitution, and appellate and revisional jurisdiction over the district courts of both States and Chandigarh. Orders of tribunals such as the Central Administrative Tribunal, Chandigarh Bench, are open to challenge before the High Court by a writ petition, following the Supreme Court's decision in L. Chandra Kumar v. Union of India (1997).

Writ petitions under Articles 226 and 227

A writ petition under Article 226 may be filed to enforce fundamental rights or for any other legal purpose against the State or its instrumentalities, and the High Court can issue writs such as certiorari, mandamus, prohibition, quo warranto and habeas corpus. Article 227 gives the High Court supervisory power over subordinate courts and tribunals within its territory.

Points that commonly arise at the threshold are:

• whether an alternative statutory remedy exists and has been used;
• delay and laches in approaching the Court;
• whether disputed questions of fact make a writ an unsuitable remedy.

Quashing of FIRs and criminal proceedings

Section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 (formerly Section 482 of the Code of Criminal Procedure) preserves the inherent powers of the High Court to make orders needed to give effect to any order under the Sanhita, to prevent abuse of the process of any court, or to secure the ends of justice. Petitions to quash an FIR or a complaint, including on settlement between the parties in suitable cases, are filed on this basis. State of Haryana v. Bhajan Lal (1992) sets out categories in which quashing may be considered.

Bail and anticipatory bail

An application for regular bail before the High Court is made under Section 483 BNSS (formerly Section 439 CrPC), usually after the Sessions Court has declined bail or in matters where the High Court is approached directly as the law permits. Anticipatory bail is governed by Section 482 BNSS (formerly Section 438 CrPC), and may be sought from the Sessions Court or the High Court. Both are discussed further on the bail and anticipatory bail page, and trial-stage work is described on the criminal law page.

Criminal appeals and revisions

An appeal against conviction by a Sessions Court lies to the High Court, as provided in the BNSS. Criminal revisions, under the revisional provisions of the BNSS (formerly Sections 397 to 401 CrPC), enable the High Court to examine the correctness, legality or propriety of an order of a subordinate court, though the scope is narrower than an appeal.

Civil revisions, regular second appeals and letters patent appeals

A civil revision under Section 115 of the Code of Civil Procedure 1908 lies against orders of subordinate courts in cases where no appeal is available, and only on limited grounds, such as the exercise of jurisdiction not vested in the court. A regular second appeal under Section 100 CPC lies to the High Court from an appellate decree of a District Judge, and only if the case involves a substantial question of law, which the appellant must set out in the memorandum of appeal.

A letters patent appeal is an intra-court appeal from a judgment of a Single Judge to a Division Bench under the Letters Patent applicable to the Court. Its availability is restricted by statute in some situations, for example by Section 100A CPC and by the Commercial Courts Act 2015, which has its own appeal provisions.

Service matters

Service law writs include challenges relating to promotion, seniority, fixation of pay, pensionary benefits, termination and disciplinary proceedings such as charge-sheets, inquiry reports and punishment orders. For employees of the Punjab and Haryana governments and their boards and corporations, a writ petition is generally filed directly in the High Court. For central government employees, the first forum is usually the Central Administrative Tribunal, with the High Court available thereafter by writ.

Land, HSVP and administrative matters

Writ petitions are also filed about land acquisition and compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, allotment, resumption and transfer of plots by HSVP, and municipal and planning decisions. Many of these have a statutory remedy first. See the HSVP and HRERA page for the usual forums, and the arbitration page for contractual disputes with such bodies.

From filing to final hearing

1. Drafting and filing. The petition, with annexures, affidavit and the required court fee and process fee, is filed through the e-filing system or the filing counter. A diary number is generated.
2. Objections. The Registry scrutinises the petition and raises objections on formal defects, such as missing documents, signatures or court fee. These must be cured before the case is listed.
3. Listing and motion hearing. Once numbered, the petition is listed before a Bench for a motion hearing, where the Court decides whether to issue notice and whether any interim order is called for.
4. Notice of motion. If the Court issues notice, the respondents, commonly through the State's law officers, are directed to appear on the next date.
5. Reply. The respondents file a written statement or reply by affidavit. The petitioner may file a rejoinder.
6. Final hearing. After pleadings are complete, the matter is heard and judgment is delivered. Interim orders, if any, ordinarily continue until then or until varied.

The time taken depends on the Court's roster and the case; no timeline can be stated.

Supreme Court: special leave petitions

A party aggrieved by a High Court judgment or order may seek special leave to appeal under Article 136 of the Constitution. A special leave petition ordinarily has to be filed within 90 days of the judgment, and leave is granted at the discretion of the Supreme Court.

Frequently asked questions

Contact details for the office are on the contact page. Advocates in the same practice also appear at Chandigarh courts and tribunals.

This page is general information, not legal advice. Laws and procedures change; the position in your matter depends on its facts.