Month: April 2023

To set aside any decision given in violation of the principle of natural justice, writ of certiorari will be issued. Therefore, by reviewing this case it is clear that meaning of writ petition want of jurisdiction may arise from the nature of the subject matter of the proceeding and court can’t decide some of its parts and let the other be untouched. Presence of an alternate remedy does not impose an absolute bar on issuing writ of prohibition.But presence of an alternate remedy will be more relevant in context of certiorari. Court held that there are ample number powers covered under Article 32 read with Article 142. Every court must issue such direction under Article 32 which satisfy its purpose.

H . Differences in Writ Jurisdiction between the Supreme Court and High Court:

Writ of prohibition is issued to the court or any tribunal to bar them from doing something what they are about to do. This bar is applied whenever a subordinate court or tribunal hears the matter beyond their jurisdiction or on matters on which they have no jurisdiction. To achieve the object of the writ a fair, honest and expeditious investigation was demanded, Investigation into every person’s accusation or person reasonably be suspected of crime. Duty of the court was to make sure that the CBI and other government agencies perform their duties in accordance with law. Court did not require to go into the merits of the case in continuing mandamus proceedings.

Swift and Summary Action

They are often heard on a priority basis, ensuring justice is not delayed, especially in cases where Fundamental Rights are at stake. For matters concerning Fundamental Rights, either the Supreme Court or the High Court may hold jurisdiction, contingent upon the particular rights implicated. Determine the basis for the petition, often centered around Fundamental Rights infringements, statutory violations, or contesting administrative decisions. Remember that legal procedures and requirements may vary, and it is advisable to consult with a legal professional for specific guidance based on the jurisdiction and nature of the case. Writs provide a mechanism for swift and summary action by the courts to address urgent matters and prevent irreparable harm.

Therefore, a writ petition of habeas corpus once dismissed by the High Court under Article 226 can also be filed under Article 32 Before the Supreme Court on the same facts but in the same High Court as a successive application is allowed. In this case it was held by the Supreme Court of India that even a wrongful decision of the High Court on question of law relating to the facts in issue will operate as res judicata. Only condition requisite for applying the principle of res judicata is that the matter adjudicated must be decided on the merits of the case.

Difference between Certiorari and Prohibition

Then, respondent filed a writ petition under Article 227 before the Calcutta High Court.court allowed the petition on observing that the subject-matter of the case falls within the territorial limits of the court and delivered its judgment, on which appeal before this hon’ble court was filed. This is the whole procedure followed by the writ courts to lodge a writ petition by any person whose fundamental rights are being infringed by any judicial or quasi- judicial order, direction or judgement. Writ petition before the Supreme Court is an application for enforcement of Fundamental Rights under Article 32 of the Indian Constitution, 1950. As there is no time limit specified for filing a curative petition and also it is more clearly stated that filing of curative writs will not be governed by the provisions of the Limitation Act.

1. Writ petition in the High Court has to be filed under Article 226, no matter, whether it is a  criminal or criminal case.
2. The European civil-law system never developed a series of clearly defined writs, although it found other means to accomplish the same ends.
3. It was stated by the Supreme Court in case of Prabodh Verma v State of U.P that  In cases where the number of people affected by the decision is too big then those should be represented by any such person who has the capacity to represent them all.
4. Writ petition was moved to the High Court by the petitioner against the members of the working committee of Bihar Raj Aryan Pratinidhi i.e is a private religion association.
5. Serving St. Louis, MO, as well as Kansas City, Columbia, Springfield, and throughout Missouri, our criminal lawyers understand the power of a writ in the judicial system.

In India no legislative body can claim immunity by a writ jurisdiction of High Court by issuing an unreasonable warrant. Writ petitions stand as a powerful instrument within the Indian legal system, providing a direct avenue for individuals and entities to seek justice, uphold Fundamental Rights, and challenge governmental actions. Rooted in constitutional authority, writ petitions serve as a safeguard against injustice, ensuring accountability, transparency, and adherence to legal principles. A writ is a written command issued by a court or an administrative authority that directs a person or entity to take a specific action or refrain from taking certain actions. Writs are fundamental tools in both civil and criminal law, making sure that judicial decisions and legal principles are upheld. In general, it is permissible to file a writ application for someone allegedly being held unlawfully.

According to supreme court rules, 2013 review petition needs to be filled within 30 days from the date of judgment or order. After dismissal of review petition on such petitions can be filed subject to certain conditions specified in the “Rupa ashok case”. In this case petition was filed by Shoukat Hussain Guru under Article 32 for writ of Habeas corpus with the contention that detention of petitioner is violative of Article 21 of the Constitution. Earlier it was believed that Power conferred under Article 226 can’t be taken away from the High Court by any way other than amendment of the constitution. But the power of judicial review can’t be taken away even by amendment because judicial review is the basic feature of our constitution and basic feature of the constitution not subject to any amendments.

When  an inferior court or tribunal act in excess of jurisdiction or act without jurisdiction or fails to act then, Writ of Certiorari come into the picture for correcting the errors of jurisdiction. Initially it was used to limit the jurisdiction of ecclesiastial by restraining them from acting without or in excess of their jurisdiction and later it is used by common law courts. Writ of mandamus is a special judicial remedy and issuance of this writ requires attention to the claim asserted and no delay.

Any individual, citizen, or even a legal entity can approach the courts seeking a writ if their fundamental rights are infringed by state action. Additionally, public interest litigations (PILs) allow concerned citizens or organizations to file writ petitions on behalf of those who are unable to approach the court themselves. These five writs in English Law are known as Prerogative Writs, as they are originated from the king’s prerogative power of superintendence over his subjects.This power can also be exercised against the legislature in appropriate cases. History of this writ say that it is a command, issued in the name of the crown by the court of king’s bench to the subordinate court, inferior tribunal, board or to any person requiring it for him to perform a public duty imposed by law. Therefore, a writ of mandamus is a command given by any high court or supreme court to the lower court or any tribunal or board or to any other public authority to perform their public duty imposed upon them by law.

Supreme court have entertained petitions filed by law students, law teachers, NGOs, public-spirited individuals and good Samaritans. When it is found by the court that executive authorities have acted in accordance with law and maintain reasonable standards while giving their decision then such decisions are not subject to Judicial Review. A writ petition is a filing that an aggrieved party makes with an appeals court in order to get speedy review his case which was already tried by an inferior court. In case of public interest Litigation court can even go beyond the case and can also grant  remedies beyond what is prayed by the parties.as in the case of Padma v Hiralal Motilal Desarda writ petition appearing to the one in public interest, challenging the procedure adopted by the respondent for disposal of the land. Also for the protection of any right created by statute conferred on poor and disadvantaged people of contrary that require protection vigorously as fundamental rights.

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1. 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.
2. Indian constitution has adopted the concept of prerogative writs from English common law.
3. Additionally, writs like the mandamus are generally issued by a judge or court, to an individual or an entity that is bound by the judicial jurisdiction.
4. These five writs in English Law are known as Prerogative Writs, as they are originated from the king’s prerogative power of superintendence over his subjects.This power can also be exercised against the legislature in appropriate cases.
5. The fundamental principle is that a person allegedly being held unlawfully can file a writ application.

By comprehensively following the step-by-step process outlined in this guide, individuals can navigate the complex legal terrain with confidence, maximizing the prospects of a successful outcome in their pursuit of justice. The first and foremost goal of the Preamble of the Constitution is to secure social, economic and political justice to all its citizens. Preamble of the constitutionIt is the guiding principle of the nation as it sets out the main aims which legislature intended to achieve. Under Article 137 Supreme Court has the ability to review its own Judgments, subject to some rules made under the provisions of Article 145 as given under the provisions of article only. Principle of res judicata will not apply on the writ petition of Habeas corpus under Article 32.

Error of law can’t be established if it was not self-evident and the same is demanding an argument or examination for establishing. In the other words error of law must be seen with open eyes and for establishing such an error there should be no need of any examination or further enquiry or argument in the case. In this case only path of writ of continuing mandamus was a new tool found because of the requirements of the case. Then in january 1955, also another similar case was referred by the government of Same Bata shoes co. Ltd. and its 29 other workers to the same tribunal which was previously constituted.