Patna and their 31 workmen under the powers conferred in said Government by section 7 read with section 10 of Industrial Disputes Act, 1947. Subject-matter of dispute was regarding the dismissal of the workmen in question was justified or not and if such dismissal was not justified then whether they will be entitled to some reinstatement or any other relief? Wherever there are certain conditions attached by the legislature  with the power, without which such powers can’t be exercised and the officer possessed with the power even without satisfying the condition there also court can intervene and prevent officer from acting contrary to law.

Sword For Justice: What Is A Writ Petition?

A writ petition is a specialized legal remedy for the enforcement of fundamental rights and for the redress of grievances, while a regular suit is a more general legal remedy for the resolution of disputes between parties. If you want to want a writ petition in the Supreme Court of India, a court fee of Rs. 500 per petitioner has to be paid except for habeas corpus, and Rs. 120 is charged on the filing of the application. However, if you are filing a writ petition in a criminal matter, then no court fees are charged to the petitioner. In conclusion, understanding the intricacies of filing and succeeding with a writ petition is crucial for achieving legal remedies effectively.

Bias and interest– the second principle of Natural  Justice states that no one should be a judge in its own case. Elaborating the statement means that the judges deciding the case does not have any interest in the case in which he providing his decision because  it is a human tendency that a person can be wrong in his own eyes therefore biasness will emanate and aim for fair justice to all could not be reached. The procedure followed in the instant case  whereby the Home Secretary, in charge of Transport,  himself a party  to the dispute,  heard the objections  and the Chief Minister decided  them, violated those principles,  and the order of the State Government approving the scheme, therefore,must be quashed. Parakh and company India Ltd. which is a registered company under the provisions of the Indian Companies Act, 1913.

1. Whereas, these writs are now available to a person aggrieved by the decision of the inferior courts or administrative body in England.
2. Certiorari may be granted when lower courts or authorities misbehave, exceed their jurisdiction, or fail to exercise it.
3. Every judicial or quasi- judicial body must give equal and reasonable opportunity to the parties to make their representation.
4. Under Article 32 of Indian constitution, 1950 any person can move to the Supreme Court of India for enforcement of his Fundamental Rights conferred under part III of the Indian Constitution.
5. Therefore it can be concluded that a writ of quo warranto can be refused on availability of an alternative remedy by making an election petition available to the petitioner/applicant.
6. High Courts can extend their writ jurisdiction beyond their territorial limits only when the cause of action arises within their jurisdiction.

Principles for Exercise of Jurisdiction

Till 1578 there was no case found that was reported, and serving a purpose similar to the modern writ. 93b it was held in this case Bagg, a capital burges of plymouth, was unjustly removed from his office  by the head of the town (Mayor) and commonalty, and they were ordered by the court to restore his remove until they showed the court a good reason for their conduct. Both of them failed to satisfy the court for their conduct and therefore, writ of mandamus was issued to restore Bagg. An application for writ of quo warranto can be made by a private person challenging the legality of appointment in public office even though the person may not have any personal interest in that or may not be aggrieved by such appointment directly. 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. Court dismissed the petition on the ground that a writ of quo warranto can’t be issued against a private association.

Moreover, it was held that when the petition contain such crucial points then it can’t be rejected on the ground that it is not violative of fundamental right of workmen. In Montagu’s words, prerogative writs were the one which concerns about the king’s justice to be administered to his subjects and the king must have an account of all his subjects those were imprisoned. Habeas corpus was considered as the most beneficent remedy it value was enhanced during the 17th century as during that time struggle for the constitution was going on. It means that there is either a clear ignorance of law or the provisions of law are wrongly interpreted. An error of fact though may be grave but can’t be corrected by writ of certiorari. 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.

1. In the legal system, a writ is a formal written order issued by a court or other legal authority.
2. Every person doesn’t know all the laws, so we created Law4u App so that every person can easily understand the laws of India.
3. This case is known as habeas corpus case, here it is explained, what is a writ of habeas corpus mean?
4. Using bold text for emphasis on crucial legal points can enhance the petition’s readability and impact.
5. Writ petitions are typically initiated when there is a violation of someone’s fundamental rights or when an individual has suffered injustice.
6. Whereas, till many years in England an unsuccessful applicant is allowed to approach one or more Judges of the same court or any other court successively.

Protection of Fundamental Rights

It is in the form of an order delivered by the High Court or Supreme Court for calling upon the person who made the arrest of the aggrieved person. Commanding to produce such person before the court, meaning of writ petition for hearing the grounds on which his arrest was made.and if there is no legal ground observed by the court in making his arrest the person making such arrest is ordered to release the aggrieved immediately. That the present petitioner has not filed any other petition in any High Court or the Supreme Court of India on the subject matter of the present petition.

Mandatory duty is different from discretionary duty which does not fall under the purview of the writ of mandamus. Writ petitions are legal instruments that enable individuals to seek remedies from higher courts when their fundamental rights are violated or to challenge decisions made by lower courts or authorities. The cornerstone of a writ petition lies in the protection of fundamental rights guaranteed by the Constitution.

Step 1 – Identify Grounds for Filing

It serves to correct legal errors evident from the record and may also be invoked when the principles of natural justice are disregarded. The power to issue writs in India is derived from Article 32 of the Constitution, which empowers the Supreme Court, and Article 226, which grants similar authority to the High Courts. These constitutional provisions enable the judiciary to protect citizens’ fundamental rights and ensure justice. Depending on the nature, a writ petition enables an individual to question the authority against an unfair detainment. 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. Before filing a writ petition, it’s essential to identify the legal grounds and ensure that all prerequisites are met.

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. Contentions raised by the petitioner in his petition was that he was detained under section 123 of Indian Penal Code(herein referred to as IPC) for which he was not charged. Person seeking writ petition requests the court to intervene in the decisions of inferior courts.

Writs can only be issued by the High Court Under Article 226 of Indian Constitution,1950 and by The Supreme Court under Article 32 of Indian Constitution,1950. Indian constitution has adopted the concept of prerogative writs from English common law. Whereas, these writs are now available to a person aggrieved by the decision of the inferior courts or administrative body in England. The fundamental principle is that a person allegedly being held unlawfully can file a writ application.