IN THIS BLOG, WE DISCUSSED ABOUT WRITS.
TYPES OF WRITS AND IT'S USES
WRIT/WRITS: A Writ is filed in the High Court and Supreme Court. in the High Court under Article 226 of the Indian Constitution and in the Supreme Court under Article 32.
There are 5 types of writing, as follows:
- Habeas Corpus
- Mandamus
- Quo Warranto
- Certiorari
- prohibition.
- Habeas corpus: 'To have the body' The writ of habeas corpus is filed to release the body that has been illegally detained.
For Example: Police Arrested 'A' Without Procedure of Law for More Than 24 Hours without
producing in the front of magistrate, now Victim or any Relative or friend can File
petition in High Court or Supreme court. Firstly, you should file a writ petition in
high court).
- Mandamus: 'We Command' The writ of Mandamus is filed for command with any public authority. ' To do or not to do'
For Example - A is a police officer and he is bound to Registered an FIR of Victim
But police officer refuse to take FIR of Victim, now victim can file
writ of mandamus (victim should give The Copy of Application to
concern s.p if he refuses Then victim should file complaint case).
- Quo Warranto: 'By what Warrant' The writ of quo warranto is issued to the public officials, asking them to show by what authority they hold the office.
- Certiorari: ''to be certified'' This writ is issued when the lower or any tribunal exceeds his jurisdiction and passed the judgment or order, then the concern writ is filed to quash the judgment or order or to transfer the cases.
- Prohibition: '' to forbid''—this writ prevents the lower court or tribunal from exceeding their jurisdiction or crossing the jurisdiction not legally vested in them.
NOTE: WRIT IS FILED AGAINST THE PUBLIC AUTHORITY AND PUBLIC BODY.
VICTIM SHOULD NOT HAVE ALTERNATIVE REMEDY.
WRIT IS FILED WHEN YOUR FUNDAMENTAL RIGHTS AND LEGAL RIGHTS ARE VIOLATED.
WRIT CAN FILED IN SC ON VIOLATION OF FUNDAMENTAL RIGHT ONLY.
WRIT CAN FILED IN HC ON VIOLATION OF FUNDAMENTAL RIGHT AND
LEGAL RIGHGT.
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