WHAT IS WRIT PETITION? HOW CAN YOU FILE ONE IN THE COURT? Asian LAW College

And the charges against the petitioner was such that even if he shows any technical flaw then also one would refuse to interfere. It was held by Lord Atkin, justice of the Supreme Court of Nigeria, that issuance of a writ of habeas corpus must be followed by proper procedure. The subject has the right to question the validity of his detention again and again by moving an application before different judges for the same facts and it became the duty of the court to guard the freedom of the subject. This is a landmark judgment in which Justice T.S.Thakur has laid down 11 which are supposed to be followed by the person making an arrest of an accused person. These guidelines include production of the person before any magistrate within 24 hours from the time of his arrest and held that in case if these guidelines are not being followed by the court then person detained must be entitled to be released on the same grounds on a writ of habeas corpus.

1. Writs, that have their roots in the English system of law, serve as vital for ensuring the upholding of basic rights and freedoms.
2. The writ petition, a powerful legal tool, stands as a symbol of justice, accountability, and the protection of individual liberties within the ambit of the legal system.
3. Therefore, petitioner is ordered to move an appropriate application before an appropriate authority.
4. It also protects a citizen from being deprived of public office to which he has a  right.
5. The denied legal right must be a legally enforceable  right as well as a legally protected right before one suffering a legal grievance can ask for a mandamus.
6. Where a rule or any provision is laid down in the for giving reasons then the judicial or quasi-judicial authority must obviously provide the same and give reasoned decisions in all the cases.
7. This writ came before the existence of a statute, therefore, deep-rooted into the history of our common law.

Damnum Sine Injuria and Injuria Sine Damnum – The legal maxim

In essence, writs serve as a critical tool in upholding the constitutional principles of justice and protecting the rights of citizens. By offering a legal remedy against infringements, they contribute to maintaining the integrity of the legal system and ensuring that justice prevails. A writ petition may be filed against the decision of the High Court in certain circumstances, such as when the decision violates the fundamental rights of the petitioner.

1. Writ petitions, as a potent legal tool, epitomize justice, accountability, and individual liberties within the legal framework.
2. This comprehensive exploration explores the nature, types, functions, and historical significance of writs, providing a thorough understanding of their role in the court system.
3. Power of high court to issue a writ of certiorari is a supervisory jurisdiction and while exercising such jurisdiction court is not entitled to act as an appellate court.
4. Review petition before the Supreme Court was dismissed on 22nd september 2005 and the person aggrieved by such dismissal filed a curative petition before the court.
5. I would like to begin my article by quoting some lines of King Martin Luther as “Injustice anywhere is a threat to justice everywhere”.
6. Understanding their significance helps criminal lawyers effectively utilize these tools in representing their clients and achieving justice.
7. Usually reasoned decisions or duty to give reasons arises where the statute provides an appeal, review or revision against the order passed.

According to these articles, state is obligated to ensure that there is no violation of fundamental rights of any person, especially when it comes to weaker section of the society. After 1660’s writ of certiorari acquired a new importance by creating new administrative duties on justices and ad hoc authorities. As any citizens apply for a writ of quo warranto, may not be having any personal interest in the matter, there he possesses the position of a relater. Earlier in England this writ was issued by the king or on his behalf against any person who claim or take any office, or privileges of The Crown. And later this writ was misused by the authorities that led to substitution in proceedings by way of information.

Writ Petitions: Meaning, Essentials, and Impact

In other words a plea stating that the order passed by the court is affecting his or any person’s fundamental rights can’t be entertained by the supreme court in a petition under Article 32. The appellant raised the point that the tribunal was not properly constituted as the chairman of the tribunal conducting the inquiry of his case is arguing the matter on behalf of the meaning of writ petition opposite party and will clearly be assumed and believed that there must be some bias. The tribunal given its judgment on which appellant was convicted and therefore he filed an appeal before the supreme court for issuing a writ of certiorari to quash the judgment of tribunal.

Prohibition:

It’s primary objective is to supply defects of justice and prevent rights of the citizen. In summary, a writ is a powerful legal tool that ensures justice and protects the fundamental rights of citizens. It is important to note that legal procedures and requirements may vary, and it is highly advisable to seek guidance from legal professionals for specific cases based on the jurisdiction and nature of the matter. For comprehensive assistance with legal documentation and procedures, reputable legal service providers like MyAdvo in India can prove invaluable. They specialise in facilitating the filing of writ petitions and other legal matters while ensuring no essential details are overlooked.

Writ petition in the High Court has to be filed under Article 226, no matter, whether it is a  criminal or criminal case. Unlike other review petitions, curative petition can’t be decided in an open court. For deciding a curative petition in an open court judges must have to first decide that there are some merits in the case and therefore, those must be decided in the open court.

Adjudication of Writ Petitions in India:

Earlier these writs are known as prerogative writs whereas, nowadays they are known as extraordinary remedies.usually these writs are issued on the strength of inner power of the court and to grant justice to all. These writs have been issued as a remedy in case of any violation of fundamental rights of the citizens. The alleged statement of surya case in the present case is that the judicial order passed by civil courts can be reversed or amended by the writ under Article 226 via exercising the power under a writ of certiorari. Therefore with this view appellant moved before the hon’ble court with a special leave petition contending that writ petition under Article 226 against a civil court order is not maintainable.

This writ is issued post-decision to rectify errors, excesses of jurisdiction, or violations of natural justice. Depending on the nature of the case, choose whether to file the writ petition in a High Court or the Supreme Court. The choice is often based on the hierarchy of courts and the jurisdictional limits. The wide scope of writ jurisdiction ensures access to justice and protection of fundamental rights for a diverse range of individuals and entities in India. It must contain the facts of the case, the grounds on which relief is sought, and the relief sought.

Question involved in this case was, whether the person whose review petition has been denied by the Supreme Court had any other relief available before him against the final decision of the Supreme Court. Command given to government, court, corporation or public authority to do or not to do some specific act. The Executive council of Gauhati university in the meeting held on july 1950, held that governing body of all non-law colleges in the State of Assam must be re-organized. And by an order directed all the principles of non-government colleges to re-organize their government body.whereas, governing body of Bholanath college could continue to function till 1952. In this case the Supreme Court has refused to issue the writ on the ground of futility and held that during the pendency of the proceedings validity period of contract has expired. In this case respondent filed an application to issue a writ under Article 226 before the Madras High Court for restraining the election commission from inquiring into his alleged disqualification for membership of the assembly.

We at MyAdvo make you understand about the legal situation and equip you with all case requirements, Such that for any query regarding legal notice India, or any other legal matter, you are well-covered. The court schedules a hearing to listen to both parties and examine the evidence. For, the High Courts of India, the court fees vary from state to state and can be found on the website of the respective courts. It depends on several factors such as the nature and complexity of the case, the workload of the court, and the availability of the necessary resources. Our editors will review what you’ve submitted and determine whether to revise the article. Every detail, from facts to evidence, should be meticulously documented, and competent legal counsel can significantly enhance the petition’s prospects.