What are the 5 types of writs?

• Writs of certiorari, which permit the review of cases;
• Writs of habeas corpus, which challenge a prisoner's detention;
• Writs of prohibition or injunctions, which compel or forbid actions; and.
• Writs of error conam nobis, which set aside a conviction.

• Habeas Corpus.
• Mandamus.
• Prohibition.
• Certiorari.
• Quo-Warranto.

What is the writ of certiorari?

Writs of Certiorari

The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review.

What is Quo warranto?

Quo warranto is a special form of legal action used to resolve a dispute over whether a specific person has the legal right to hold the public office that he or she occupies. Quo warranto is used to test a person's legal right to hold an office, not to evaluate the person's performance in the office.

Which is judicial writ?

Fundamentally, a writ is a formal written order issued by anybody, executive or judicial, authorised to do so. In modern times, this body is generally judicial. Therefore, a writ can be understood as a formal written order issued by a Court having authority to issue such an order.

Who can file writ of mandamus?

“The High Courts exercising their jurisdiction under Article 226 of the Constitution of India, not only have the power to issue a Writ of Mandamus or in the nature of Mandamus, but are duty bound to exercise such power, where the Government or a public authority has failed to exercise or has wrongly exercised ...

What is criminal writ?

You can file a criminal writ petition when the cause of action in relation to the criminal law such as the right of accused, bail, etc. You can file a civil writ petition when someone commits a civil wrong such as IPR, taxes, etc.

Who can issue writ?

The Supreme Court, the highest in the country, may issue writs under Article 32 of the Constitution for enforcement of fundamental rights and under Article 139 for enforcement of rights other than fundamental rights, while High Courts, the superior courts of the States, may issue writs under Articles 226.

What is writ of summons?

plural writs of summons

LAW. an official order for someone to appear in a court of law when they have been accused of committing an offence against someone: The civil action was heard in the High Court two years after the writ of summons was issued.

Which writ is called as postmortem?

The correct answer is Quo warranto.

What are the 5 writs of Article 32?

What is mandamus and example?

A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. (See, e.g. Cheney v. United States Dist. Court For D.C. (03-475) 542 U.S. 367 (2004) 334 F. 3d 1096.)

How many writs are?

There are five types of Writs - Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo warranto.

What does habeas corpus literally mean?

The "Great Writ" of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. Translated from Latin it means "show me the body." Habeas corpus has historically been an important instrument to safeguard individual freedom against arbitrary executive power.

What is rule nisi in writ petition?

If the court is of the opinion that a prima facie case is made out for granting the relief sought in the writ petition, rule nisi is issued calling upon the person or persons against whom the relief is sought to show cause why such relief should not be granted.

When can a writ be filed?

Under Article 32, a person can file a writ petition in the Supreme Court for the violation of his/her fundamental rights. Under Article 226, a person can move to the High Courts to file a writ petition when there is a violation of his/her fundamental rights.

What is Article 32 in Indian Constitution?

Constitution of India. Remedies for enforcement of rights conferred by this Part. (1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.

What is difference between writ and petition?

The major difference between these two is that under the Writ Act 226 there is a constitutional remedy for all people. It is raised by a legal authority. But a petition is a form of writ raised by the people in the form of a request for a legal authority that seeks to take action regarding a particular cause.

What is the difference between prohibition and certiorari?

In simple terms, a writ of Prohibition is issued by a superior court directing an inferior court to stop doing something that is prohibited in law. On the other hand, a writ of Certiorari is issued in instances where a judicial review of a decision of a lower court is sought to be reviewed by a higher court.

What does locus standi mean in law?

the right or ability to bring a legal action to a court of law, or to appear in a court.

Who use writ of amparo?

SECTION 1. Petition. -The petition for a writ of Amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.

What is court a quo?

The Latin phrase a quo means “from which”. Accordingly, the court a quo is the court in which the matter was first heard, or the court from which an appeal or review is being heard.