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Despite widespread high court support for Habeas Corpus, Justice Chandrachud went along with Justices A.N. Ray, P.N. Bhagwati, and M.H. Beg, to reject this position, [3] stating: in view of the Presidential Order dated 27 June 1975 no person has any locus to move any writ petition under Article 226 before a High Court for habeas corpus or any ...
The work of most high courts primarily consists of appeals from lower courts and writ petitions in terms of Articles 226 and 227 of the Constitution. Writ jurisdiction is also the original jurisdiction of a high court. Each state is divided into judicial districts presided over by a district judge and a session judge.
Filing a PIL under article 32, 226 Constitution of India or section 133 Cr. P. C. [ edit ] The court must be satisfied that the Writ petition fulfills some basic needs for PIL as the letter is addressed by the aggrieved person, public spirited individual and a social action group for the enforcement of legal or Constitutional rights to any ...
A writ of attachment. In common law, a writ (Anglo-Saxon gewrit, Latin breve) [1] 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, subpoenas, and certiorari are common types of writs, but many forms exist and have existed.
While dealing with the exclusion of High Court jurisdiction in service affairs, a seven-judge Bench of the Supreme Court declared that Article 32 and Article 226 of the Constitution, which grants the power of judicial review over legislative action to the Supreme Court and the High Courts, is an integral and essential feature of the basic ...
Under Articles 129 and 142 of the Constitution, the Supreme Court has been vested with power to punish anyone for contempt of any court in India including itself. The Supreme Court performed an unprecedented action when it directed a sitting Minister of State in Maharashtra government , Swaroop Singh Naik, [ 50 ] to be jailed for 1-month on a ...
The Supreme Court has been empowered to issue writs, namely habeas corpus, mandamus, prohibition, certiorari and quo warranto, for the enforcement of the Fundamental Rights, while the High Courts have been empowered under Article 226 – which is not a Fundamental Right in itself – to issue these prerogative writs even in cases not involving ...
ADM Jabalpur v. Shivkant Shukla was a landmark judgement of the Supreme Court of India pertaining to the suspension of Articles 21 and 226 of the Indian Constitution in the event of a National Emergency.