Writs and writs jurisdiction PDF

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Writs and writs jurisdiction...

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Writs and writs jurisdiction. The term writ refers to a formal, legal document that orders a person or entity to perform or to cease performing a specific action or deed. Writs are drafted by judges, courts, or other entities that have administrative or judicial jurisdiction. These documents are part of common law and are often issued after a judgment is made, giving those involved in a suit the ability to carry out the judgment. Writs can take many forms including summonses, writs of execution, and writs of habeas corpus, warrants, and orders. Writs were developed by as part of the English common law system and were primarily by Anglo-Saxon monarchs. These were written decrees that consisted of administrative commands, largely authenticated by a royal seal at the bottom of the document. Upon issue, writs advised courts of land-granting conveyances. In some cases, they were also used to carry out judicial orders. While many writs were deemed open and read aloud in public, others were meant merely for the party or parties named. Writs were developed over time as a way for authorities—legal and otherwise—to direct others to perform specific actions. This means that a modern-day writ provides an order from a higher to a lower court, from a court to an individual or other entity, or from a government agency to another party. The writ may command the named party to take some form of action or it may prevent that party from continuing to act or operate in a certain way. Present-day courts also use writs as a way to give extraordinary relief or to provide rights to appeal court decisions. In other cases, they give authorities such as sheriffs the right to make property seizures. TYPES OF WRITS (i) Writ of Habeas Corpus, (ii) Writ of Mandamus, (iii) Writ of Certiorari, (iv) Writ of Prohibition, (v) Writ of Quo-Warranto, Writ of Habeas Corpus: It is the most valuable writ for personal liberty. WRIT JURISDICTION: A writ is a quick remedy against injustice, a device for the protection of the rights of citizens against any encroachment by the governmental authority. In India, the power to issue writs has been vested in the Supreme Court and the high courts. It is an extraordinary remedy which can be expected in special circumstances. The Supreme Court has been empowered to issue writs in the nature of habeas corpus, mandamus, prohibition, and certiorari and quo warranto for protecting the fundamental rights [article 32(2)]. Similar power has been conferred on. While the jurisdiction of the high court is more extensive than that of the Supreme Court, art. 226 (4) provides that the powers conferred on a high court shall not be in derogation of the powers conferred on the supreme court by article 32(2).

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