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Writ Jurisdiction
Drafting Interim Relief in Writ Petitions
- Satyendra Chandra Tripathi
- 18 October 2024
- 5 min read
Precision in the prayer clause often determines whether interim protection is granted at the admission stage. Practical drafting notes.
Precision in the prayer
Interim relief is granted against a specific act or omission. A prayer that asks the Court to restrain the respondents generally is rarely granted; one that identifies the order, the date and the consequence sought to be stayed frequently is.
Balance of convenience on the record
The affidavit should establish, on documents, what will be lost if protection is refused. Assertions of irreparable loss unsupported by the record carry little weight at the admission stage.
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