High Court & Supreme Court
Lawyer in Delhi
Strategic Appellate Advocacy | Constitutional Litigation | Writ Petitions | SLPs Before the Supreme Court of India
Strategic Appellate Advocacy | Constitutional Litigation | Writ Petitions | SLPs Before the Supreme Court of India
If justice has been denied to you in the trial courts, or if a government official has acted arbitrarily, unlawfully or in a way that violates your fundamental rights, the Delhi High Court and Supreme Court of India are the strongest weapons in your arsenal. These are not simply courts of appeal. They are constitutional sentinels, capable of invalidating wrongful government acts, rectifying judicial wrongs and ensuring justice is done when all other courts have failed.
But the practice of the High Court and Supreme Court is not the practice of district court. The pleadings require constitutional accuracy. The arguments demand a command of doctrine, precedent and interpretation. The procedural rules are exacting. A single misstep in the drafting of a writ petition, SLP, or a letters patent appeal can lead to a dismissal and loss of valuable time and the chance to assert your rights.
At Delhi Advocate Advisor, our High Court and Supreme Court advocates have a combined 14+ years of experience in High Court and Supreme Court litigation. We have represented clients before the Constitutional, Civil, Criminal, Company and Labour Benches of the Delhi High Court, and we appear in certain matters of huge constitutional importance before the Supreme Court of India. Whether it is to challenge an unfair government order, appeal a criminal conviction, contest a company law decision of the National Company Law Tribunal (NCLT) or seek urgent interim relief through a Writ Petition, we are ready to take your case to the highest court.
Our firm handles all types of constitutional, appellate, and specialized litigation matters before the Delhi High Court and the Supreme Court of India.
A Writ Petition is a powerful weapon that every citizen can use. If a government department, public authority, regulatory board, or a quasi-judicial court or tribunal is acting arbitrarily, maliciously, or in a way that violates your fundamental rights, a Writ Petition in the Delhi High Court (under Article 226) or Supreme Court (under Article 32) can provide quick and effective redress. We draft and argue Writs of Certiorari, Mandamus, Prohibition, Habeas Corpus, and Quo Warranto.
An SLP under Article 136 is the route to the Supreme Court from any judgment, order or decision of any other court or tribunal in the country - including the High Courts, the NCLAT, the TDSAT, the Armed Forces Tribunal, and all other special courts and tribunals. Our Supreme Court litigators view every potential SLP through the microscope, providing realistic advice on merits and crafting SLPs of the highest quality.
Criminal convictions - or denials of bail - are not the final say. The Delhi High Court entertains criminal appeals from the convictions and sentences passed by the Sessions Courts in Delhi, and may entertain Bail Applications or Anticipatory Bail Applications where bail has been denied. The Supreme Court hears appeals from High Court decisions, and urgent bail applications where the High Court's decision is unreasonably harsh.
Civil Appeals before the Delhi High Court lie against all decrees and orders of the District Courts and the Civil Judge Courts in Delhi. Revision Petitions under the Code of Civil Procedure are available where the subordinate court has exercised jurisdiction illegally or with material irregularity. We handle appeals in property disputes, matrimonial matters, testamentary cases, consumer disputes, and commercial litigation.
India's corporate insolvency, company law matters, mergers and amalgamations, as well as oppression and mismanagement petitions are handled before the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT). Our corporate litigation lawyers represent creditors and corporate debtors in Insolvency and Bankruptcy Code (IBC) matters, shareholders in oppression petitions, and companies in mergers and restructurings.
Central Government employees aggrieved by breaches of their service rights (such as wrongful transfer, dismissal, non-promotion or non-payment of pensionary benefits) must go to the Central Administrative Tribunal (CAT). CAT orders can be appealed to the Delhi High Court (Article 226), and further to the Supreme Court (Article 136). Our service law lawyers are well versed in CAT litigation and appeals.
Constitutional Law is the highest law of the land. Where a law itself is unconstitutional, or where the actions of a public authority threaten constitutional values on a systemic basis, the solution is Constitutional Writ Proceedings or Public Interest Litigation (PIL) in the Delhi High Court or the Supreme Court. We take PIL seriously, as a means for the public interest rather than a means of harassment.
Appeals against arbitral awards passed under Section 34 of the Arbitration and Conciliation Act, 1996 are dealt with by the Delhi High Court. Appeals to the orders passed under Section 34 are to the Delhi High Court Division Bench under Section 37. Our arbitration law team deals with the challenge and defence of arbitral awards, and enforcement of domestic and international awards before the Delhi High Court.
The first step in a successful appeal is a detailed review of the record of the lower court or tribunal. We examine the judgment, the record of the proceedings and the case history to advise our clients on all potential grounds of challenge, whether jurisdictional, factual or legal. We provide frank advice at this stage about the merits of the case.
Drafting a Writ Petition, SLP or Appeal is critical to getting a matter admitted to the Court for hearing. Our lawyers draft petitions that are succinct, accurate and framed to highlight the key wrong and redress with the greatest clarity.
For many cases in the High Court and Supreme Court, the first step is to obtain urgent interim relief - a stay of the impugned order, an injunction or a direction for status quo - to prevent irreparable loss. Our advocates are experienced with urgent mentions, ex-parte stays and the procedural hurdles needed.
In the Delhi High Court and Supreme Court, the first step in the process is an admission hearing, which will determine whether there is a prima facie case for interference. Our lawyers argue admission hearings with the clarity and rigour needed to convince the Court that the case should be admitted to the final hearing.
If admitted, the case proceeds to final hearing. Our team provides written submissions, analyses and distinguishes all relevant case law, and argues orally with an eye to the concerns of the Bench.
Following judgment, we advise on the compliance obligations, and, where the judgment is to be implemented by a lower court or Tribunal, ensure that the directions are promptly complied with. In the event of non-compliance, we start Contempt of Court proceedings.
Maneka Gandhi v. Union of India (1978)
Maneka Gandhi v. Union of India (1978) widened the scope of Article 21 to hold that life and personal liberty cannot be taken away except by a procedure that is reasonable, fair and just - a principle that we invoke in all matters relating to personal liberty, bail and arbitrary deprivation of liberty.
L. Chandra Kumar v. Union of India (1997) confirmed that the High Court's writ power under Article 226 is an integral part of the "basic structure" of the Constitution and cannot be excluded by law - safeguarding the right to go to the High Court even in cases involving specialised tribunals.
S.P. Sampath Kumar v. Union of India (1987) and its subsequent cases set out the constitutional principles for judicial review of administrative and quasi-judicial action, which our lawyers invoke in every case for service law and regulatory disputes.
Arnab Manoranjan Goswami v. State of Maharashtra (2020) reiterated that the High Courts and the Supreme Court should be quick to protect personal liberty, and that it is a denial of justice if applications for bail in serious cases are not decided promptly - a decision we cite in urgent criminal appeals.
Tata Consultancy Services v. State of Andhra Pradesh (2004) and Indus Mobile Distribution v. Datawind Innovations (2017) are recent precedents on the Supreme Court's jurisprudence on commercial arbitration and jurisdiction - the bedrock of our arbitration appeal practice.
Not all trial lawyers make good appellate lawyers. Our Supreme Court and High Court team is expert in the skill of appellate advocacy - the skill of detecting reversible error, crafting constitutional arguments and winning over judges who have read the case before the trial starts.
Since 2010, our lawyers have appeared before the Delhi High Court's Civil, Criminal, Constitutional, Company, Labour and Division Benches, and before the Supreme Court of India in SLPs, Writ Petitions and criminal appeals. This makes us never feel out of our depth when new procedural rules apply.
Our clients' matters often begin in the District Court, proceed to the Delhi High Court, and end in the Supreme Court. Our firm has experience in all three, which means our clients' strategy does not change, pleadings are consistent, and there is no seniority gap.
We know in many High Court and Supreme Court cases, the key to success is to secure an interim stay or injunction on the first day. We provide all our clients with a full and frank evaluation of their case before we advise them to embark on High Court or Supreme Court litigation.
We provide all our clients with a full and frank evaluation of their case before we advise them to embark on High Court or Supreme Court litigation. We think an advocate who advises you about the prospects of your case, including when they are not good, is better than an advocate who takes on your case.
If you are seeking to challenge an illegal government action, appeal a criminal conviction, apply for reinstatement through a constitutional writ, or appeal a High Court decision to the Supreme Court, your case will depend upon the quality of legal representation you receive at this level.
At Delhi Advocate Advisor, we combine the strategic, constitutional and appellate advocacy skills required for High Court and Supreme Court litigation. Contact us today at +91 8130789810 for a free consultation. We will analyse your circumstances, explain your options, and - if it's appropriate - take your case before the highest courts in Delhi with the thoroughness, research and attention to detail your arguments deserve.
Contact us today for a confidential consultation.
A Writ Petition directly invokes the constitutional powers of the High Court (Article 226) or of the Supreme Court (Article 32) to enforce a fundamental or legal right, challenge an arbitrary action of the state or to correct a jurisdictional error. It does not necessarily require you to have exhausted remedies from all lower courts. An Appeal, on the other hand, is a statutory remedy that seeks to overturn the correctness of a particular order passed by a lower court or tribunal. The decision to file a writ or an appeal is an important one, and our lawyers guide you in determining the best course of action for your matter.
This depends on the type of matter. Emergency matters like applications for bail, urgent application for stay or habeas corpus petitions can be disposed of in a few days. Writ Petitions challenging government orders may be admitted and interim relief allowed in a matter of a few hearings, but can take months to several years for final disposal. Appeals can take anywhere from a year to a couple of years to come up for final hearing in civil and criminal appeals. Our team offers an approximate idea of the timeframe based on the status of the relevant cause list.
In most cases, no. The Supreme Court generally requires parties to exhaust the remedy before the appropriate High Court before filing in the Supreme Court by way of an SLP or a Writ Petition under Article 32. But in special cases - such as when a matter is of urgent national importance, there are conflicting High Court pronouncements, or where the petition involves a violation of fundamental rights on a large scale - the Supreme Court may hear a petition without such recourse. We can advise whether your particular matter meets this criterion.
A Special Leave Petition (SLP) under Article 136 of the Constitution is a request to the Supreme Court for permission to appeal a decision of any court or tribunal. It is worth filing an SLP if the Delhi High Court has ruled against you and the decision concerns either a substantial question of law, a patent miscarriage of justice or is of great public importance or legal interest. The Supreme Court will only grant leave in some cases, and it is crucial to frame the SLP well. Our lawyers scrutinise your High Court judgment before recommending that you purchase an SLP.
Contempt of Court is the contempt of a court order or scandalising the court. If a party (including a Government Authority) has not obeyed an order of the Delhi High Court or Supreme Court in your favour, we will draft and file a Contempt Petition to draw the failure to comply to the Court's notice and obtain enforcement, including imprisonment and fines for the misbehaving party or its officers.
Yes. If a Sessions Court denies bail, you can make a new Bail Application to the Delhi High Court. The High Court will consider the matter afresh, and our team of criminal appeal lawyers frequently wins bail at the High Court in cases where the Sessions Court has been overly cautious. If necessary - for example where the High Court has also unreasonably denied bail - our team can seek urgent bail from the Supreme Court.
Yes. A Division Bench (usually two judges) judgment passed by the Delhi High Court can be challenged in the Supreme Court of India via an SLP under Article 136. If the case is one of importance from a constitutional or legal perspective, the Supreme Court may accept the SLP and consider the matter as an appeal.
The Delhi High Court can stay any order of a subordinate court, tribunal or government department - including orders of eviction, demolition, arrest warrants, orders of the Income Tax Appellate Tribunal, orders of RERA, Labour Court Awards, and criminal convictions pending appeal. For a stay to be granted, there must be a prima facie case, balance of convenience and irreparable damage in the absence of the stay. We have the expertise to draft stay applications that take all three aspects into account.
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