information on Writs
Answers
Answer:
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, and subpoenas are common types of writ, but many forms exist and have existed.
Explanation:
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Writs:-
Why we need writs?
A person whose rights are violated may easily move to supreme Court for asking for his/her rights.The Supreme Court has power to issue a orders or writs.
There is use of writs in the nature of
- habeas corpus
- mandamus
- prohibition
- quo-warranto
- certiorari for the enforcement
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Habeas Corpus:-
- Thise writ is a great safeguard for the personal freedom and citizen.
- If a person unlawfully detained by any person or by group of person or by State , he can issue such writ. By issuing such a writ the High Court or Supreme Court can get the body of any person released.
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Mandamus:-
- These writs are issued by Superior Court. They are command or order to lower administrative authority to perform certain duty.
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Writ of Prohibition:-
- These writs are ordered by supreme court to lower court.
- It is to stop proceedings in a case which might be in excess of jurisdiction of lower case.
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Writ of Certiorari:-
- They are issued by superior court to judicial authority .
- They are issued after the order has already been passed by the lower case.
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Quo-Warranto:-
- These writ prevent public officers from forcible or wrongly holding a high public office.
- These are issues when a person has usurped any office.
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