Writ Petitions: Meaning, Essentials, and Impact

While the proceedings of these two references  were pending before the tribunal, the government of Bihar issued third notification on september,1955. By this third notification government proposed to supplant the two earlier notifications, by which it combined the two disputes together, ad bata mazdoor union to the dispute and refer it for adjudication before the tribunal. Question involved in the referred dispute was regarding justification of dismissal of 60 workmen, and for what relief they are entitled to? No receipt of third notification tribunal cancelled the hearing of prior two references and direct that files for said references should be closed. Facts– in 1954 government of Bihar notify an industrial dispute between the management of Bata shoes co.

Writ Petitions: Meaning, Essentials, and Impact

It is urged that direction given by Executive Council to re-organisation of governing bodies of non-governmental colleges constitutes infringement of the fundamental rights of the governing body of Bholanath college on Linguistic minorities under article 30 clause(1) of Indian Constitution, 1950. Also it was argued that the scheme introduced by the Executive Council is ultra vires of the university. Proceeding of Article 226 is of Summary nature as it is seen in the above referred case “purushottam chandra ” that there is an availability of alternate remedy but the case needs to be decided early and fast therefore, petitioner seek remedy under Article 226. Therefore, proceeding under this Article are not suitable for making any arguments on questions of facts.

“Certiorari” translates to “certified.” The Supreme Court employs this writ to review decisions made by lower tribunals or courts. It is issued to overturn lower court decisions only after they have been rendered. Certiorari may be granted when lower courts or authorities misbehave, exceed their jurisdiction, or fail to exercise it.

Both the applications were heard together and accepted by the High Court and ordered in favour of the petitioner as prayed. In the given case application for a writ of habeas corpus was filed for the discharge of Robert Soblen, as here before the court, the question was, whether the detention of Mr Robert is lawful or not? His surgeon at the hospital also didn’t allow any legal documents to be served to him until july 3.

Why do we file writ petitions?

It is only specified that the petition must be filed within a reasonable period. Whereas, order XL in part VIII of Supreme Court rules, 1966, state that review application by a petition shall be filed within 30 days from the date of judgment sought to be reviewed. Curative means possessing the ability to cure and petition means making a written request for judicial action before the court.

Jurisdiction

In the above case supreme court held that in cases where there is a requirement for prayer of certiorari as well as prohibition and the in the application not prayer of certiorari has been made then it would be open to the court to issue the writ and stop further proceedings which are affecting the decision. Primary object of writ of mandamus is to issue a command for directing the authority to do some work or abstain from doing some act. This whole process of issuing interim order/direction is known as “continuing Mandamus”. Supreme Court confirm the findings of the High Court of Patan, that cancellation of first two notification by the government is illegal and ultra vires. It was held that in making a reference under section 10(1) by appropriate government is an administrative act and the preliminary step to their function under this section is to form an opinion in regard to the actual existence of industrial dispute. Therefore court find more appropriate to issue a writ of mandamus against the ultra vires act of the appellant in respect of third impugned notification.

In some situations where a person is detained, their friend or relative may file a Habeas Corpus application on their behalf. This application is meant to request the court to review the arrested person’s situation to determine the legality of their detention. The primary purpose of this application is to bring the person in custody before the court for a fair review. The possibility of the detainee being held incommunicado is another reason a third party may file a Habeas Corpus petition. It is primarily a procedural remedy, protecting against unlawful detention but only sometimes addressing other rights, such as the right to a fair trial.

1. 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.
2. They are often heard on a priority basis, ensuring justice is not delayed, especially in cases where Fundamental Rights are at stake.
3. This Writ can be issued only when the proceedings are pending in the inferior court and not when an order has already been passed by that court.
4. The time frame for a writ petition to be heard can range from a few weeks to several months or even years, depending on the nature and complexity of the case, the workload of the court, and the availability of the necessary resources.
5. Although this article does not specify any person who can approach the court under it but, as the article provides a public remedy therefore,the provision locus standi as applied in Article 32 will be applied.
6. Before the decision of this case, a question that always strike to my mind is that, whether  the supreme court can issue a writ to itself or not?

Download the Sample of the Writ of Prohibition

Neither the cause of action arose in jurisdiction limits will be enough to create jurisdiction on High Court regarding the matter to issue writ under Article 226. These were the certain points highlighted by the commission in its report of inquiry. Whereas, respondent took the defence that article 32 can’t be applied in this case as there was no violation of fundamental rights of referred petitioner neither the letter which was addressed to the court be treated as a writ petition. In the proceedings of article 32 court does not have power to appoint commission and many other contentions which were raised by the respondent.

Laid guidelines require rigid compliance, till legislature step into the matter and substitute those guidelines with proper laws. Therefore, a misuse of the power by licencing authority by not renewing the licence on illegal grounds and misusing their discretionary power can frustrate the very purpose of the welfare State established by the Constitution of this Country. On the other hand, even if there is no such delay, and a prima facie triable issue as regards the availability of such relief on the merits of grounds like limitation is raised before the Court,  should ordinarily refuse to issue the writ of mandamus. Lastly, it is claimed the writ of habeas corpus can only be issued after the person is detained and not to prevent a person from getting arrested. The application meaning of writ petition of the writ of Habeas Corpus can be filed by a prisoner who is detained and also by his/her friends or relatives. It is considered as a power that can force the court to address the officer who detained the prisoner.

Hence, all the writs can be called as order but all order can’t be called writs, because  the ambit of order is larger than writs. Then the date of hearing will be set and on this date the court accepts the petition and generates a notice to the other party. Firstly, the aggrieved party has to approach a particular organization with necessary documents like identity proof, residential proof, photographs etc.

It is generally issued by a higher court to a lower court either to transfer the pending case to a higher authority or squash the judgement passed. In the year 1991, the Supreme Court ruled that the writ of certiorari can also be issued against administrative authorities if their judgements are violating the rights of an individual. It is generally a command which is issued by the court to a public servant asking him to perform his duty, which he has failed to do so. The writ of mandamus can also be issued against a corporation, an inferior court or a government body for the same reason, i.e., they failed to perform their official duties. On the other hand, a writ appeal comes into play when a party is dissatisfied with the decision or order passed by a lower court or tribunal in a writ petition.

1. 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.
2. In this case the question on which the jurisdiction industrial tribunal decided was whether the dispute is an industrial dispute or an non- industrial one?
3. A writ petition and a writ appeal are two distinct legal remedies used in India to seek judicial intervention through writs.
4. Prohibition is writ of right not a writ of course and is of preventive nature rather than corrective.
5. In contrast, High Courts can only issue writs against persons or governments within their jurisdiction.
6. A person be called aggrieved person only when he is denied a legal right by any person, court or board who has a legal duty to do something and abstains from doing it.
7. What drives us is our dedication to vindicating people’s rights and making sure that everyone has a fair shot at their case.

Where the proceedings of inferior courts are partly within the jurisdiction and partly without it, then the writ of prohibition will lie to the extent of excess of jurisdiction. It prevents courts, tribunal, quasi judicial bodies and other officers from exercising their power beyond their jurisdiction or exercising those powers which are not vested on them. Writ of mandamus can only be issued when there exists a legal right without a legal right it can’t be issued. A person be called aggrieved person only when he is denied a legal right by any person, court or board who has a legal duty to do something and abstains from doing it.