Association To Know Laws And Human Rights

21/11/2023

ये बहुत सोचनीय मुद्दा है।

Courts can grant anticipatory bail even fir lodged in another state: सुप्रीम कोर्ट ने न्याय मिलने की व्यवस्था को सरल बनाने के लिए एक मामले में अदालतों को यह न...

22/10/2023

*In India, there are several types of bail that can be granted to an accused person based on the nature of the offense and other circumstances. Some common types of bail include:Regular Bail: This is the most common form of bail, where an accused is released from custody during the trial. It is granted by the court, and the accused has to furnish a bail bond and surety.Anticipatory Bail: This type of bail is sought in anticipation of arrest. It is granted by a court to a person who apprehends arrest in a non-bailable offense. It provides protection from arrest for a specific period, allowing the accused to seek regular bail.Interim Bail: This bail is granted for a short period when the regular bail application is pending. It is often used in case of emergencies or delays in the legal process.Transit Bail: When an accused person is arrested in one state but needs to be produced in court in another state, transit bail is granted to allow the accused to be moved to the other state for legal proceedings.Personal Recognizance Bail: In some cases, the accused is released on their own recognizance without the need for sureties or bail bonds, based on their personal guarantee to appear in court.Cash Bail: This involves depositing a specified amount of money with the court as security for the accused's release. The money is refunded after the case concludes.Surety Bail: It involves a third party, often a family member or friend of the accused, providing a guarantee that the accused will appear in court. They are responsible if the accused fails to appear.Non-Bailable Bail: In some serious offenses, bail is not a matter of right. The accused must apply to the court, and the court has discretion to grant bail in exceptional circumstances.The type of bail granted depends on the specific facts and circumstances of the case, and the decision is ultimately made by the court.
By: Anil Kumar , Advocate
Dnb Court / J High Court Ranchi*

02/10/2023

कृतज्ञ देश शताब्दी के महानतम युगद्रष्टा को नमन करता है। विश्व मंच पर आप हमेशा प्रासंगिक बने रहेंगे ।

15/08/2023

सभी को स्वतंत्रता दिवस की शुभकामनाएं ।

12/08/2023

https://youtu.be/Y5P0Ksu7wIA

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10/08/2023

https://youtu.be/AltRr32e9lk

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06/08/2023

चेक दाता द्वारा स्टॉप पेमेंट , एकाउंट बंद करने आदि की स्थिति में चेक बाउंस का केस होगा या नही ? वीडियो देखें और लोकहित में शेयर करे।

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05/08/2023

क्या अंतर है लॉयर, एडवोकेट ओर बैरिस्टर में।जाने और शेयर करे।

26/07/2023

वक्त की जरूरत ।

15/07/2023

सर्वोच्च न्यायलय में न्यायमूर्ति ए.एस. बोपन्ना और न्यायमूर्ति जेबी परदीवाला के बेंच ने अपील पर फैसला सुनाते हुए म....

06/07/2023

खबरे कोर्ट की ।

02/07/2023

5 Types Of Writs In Indian Constitution
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Supreme Court and High Courts have a lot of powers to provide justice and all those powers are provided by The Indian Constitution. To issue the writs, is one of the most important powers. A writ is a command given by the court to a person or a authority or both to act or not to act in a particular way. And as the writs are the commands given by the courts, they are essential parts of the judicial power of the courts.

What Are Writs?
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What do the writs mean?
Writs are nothing but the written orders that are given by either the Supreme Court or the High Court. These written orders commands constitutional remedies for the Indian citizens against the violation of their rights or fundamental rights.

*According to Article 32 of the Indian Constitution, Supreme Court of India can issue writs whereas according to Article 226 of the Indian Constitution, High Courts can issue writs*

Types of Writs:
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1.Habeas Corpus:

Literal meaning of Habeas Corpus is 'to have the body of'. This type of writ is used when unlawful detention has occurred to enforce the fundamental right of individual liberty. When this writ is issued, a person or a authority who has arrested a another person has to bring that another person before the court.

Rules for Habeas Corpus:
The applicant should be in a custody of other,
Family members can file an application or stranger can also file application in public interest,
Formal or Informal application can be filed,
Same application cannot be made successively to different judges of same court,
All or part of formalities and procedures should not be followed by police while making the arrest, etc.
Example: Himesh was making threats to Hina, so father of Hina, who is a police officer arrested Himesh and imprisoned him. Hina's father didn't filed FIR and did not follow the procedure to arrest Himesh. So Himesh is wrongfully detained. Hrithik who is a brother of Himesh filed an application in the respective court and by issuing the writ of Habeas Corpus, court set Himesh free.

2.Mandamus:

Literal meaning of Mandamus is 'we command.' This type of writ is used when a public official or public body or corporation or lower court or tribunal or even the government has not done the needed duty or refused to do. After this writ is issued, the duty needs to be resumed.

Grounds for Mandamus:
Petitioner must have a right recognized by law
Infringement of the right must be done,
Petitioner must demand the authority to perform the duty and non-performance of the duty must be present,
Other remedy must be absent,
Petitioner must prove that a duty is owed to him and authority has not performed the duty,
The non-performed duty must be mandatory duty, etc.
Example: Apeksha has a right to live life with dignity. And Electricity board has a duty to provide her electricity but the board intentionally didn't provide her with the electricity and refused to do the duty. Apeksha filed a suit and by issuing the writ of Mandamus, court ordered the board to supply the electricity to Apeksha.

3.Prohibition:

Literal meaning of Prohibition is 'to forbid.' This type of writ is used when a court which is in lower position i.e., the lower court exceeds its jurisdiction or un pursue a jurisdiction which is not possessed by it.

Rules of Prohibition:
Lower court or tribunal should overstep its jurisdiction,
Lower court or tribunal goes against law,
If lower court or tribunal partly acting in jurisdiction and partly outside the jurisdiction, Prohibition will be issued against the act which is partly outside the jurisdiction,
Proceeding must be pending in the lower court or tribunal,
Application should be made against judicial or quasi-judicial body only, etc.
Example: Sameer and Shahid made a contract in which Shahid decided to sell his land to Sameer for 2 cr. Rupees. And Sameer failed to pay the amount on time, so Shahid brought a suit in the Pune District Court. But the contract was made in Thane, both lived in Mumbai and Land was in Aurangabad. So, the Pune district court has no jurisdiction over the case. And High court, by issuing the writ of Prohibition, can order the Pune District Court to forbid the pending suit.

4.Certiorari:

Literal meaning of Certiorari is 'to be certified' or 'to be informed.' This type of writ is used when a transfer of case which is pending in the lower courts or the order given by lower courts in a case needs to be quashed. This writ is issued on the basis of an excess of jurisdiction or lack of jurisdiction or error of law. After this writ is issued, mistakes in the judiciary are cured.

Grounds of Certiorari:
Overstepping or abuse or absence of jurisdiction should be present by lower courts,
Violation of principles of natural justice can be present,
Some error of law can be present, etc.

Conditions of Certiorari:
The body or person should have legal authority.
Authority should be related questions affecting the rights of people,
Body or person has a duty to act judicial while functioning,
Person or body has acted in excess of their jurisdiction or legal authority, etc.
Example: There is a case in District Court, and the court lacks jurisdiction to hear such matters. But the District Court Judge hears the case and renders his ruling, and Jennie who was affected by the order passed, makes a petition in the High Court. As a result of the power to issue Writs, the High Court will issue a writ of Certiorari on the District Court's order, and the District Court's order will be quashed.

5.Quo-Warranto:

Literal meaning of Quo-Warranto is 'by what authority or warrant.' This type of writ is used when an illegal usurpation of a public office by a person is done. After this writ is issued, the legality of a claim of a person to office is enquired.

Conditions of Quo-Warranto:
Office which is wrongfully assumed by private person should be a public office,
Office should be created by constitution or other statute,
Duties of office should be public duties,
Office should be permanent,
Application should be made against a person who is in possession of office and uses the office,
Office should not be of private nature, etc.

Example: Sanjana is a private citizen. She has no qualifications that are required for the post of RTO officer. Although, assumes such office. Here a Writ of Quo Warranto can be issued against Sanjana to call into question her authority on which she has taken the control of the office RTO officer.

Conclusion:
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There are five types of Writs which are Habeas Corpus, Mandamus, Certiorari, Quo Warranto and Prohibition and all these writs are an effective method of enforcing the rights of the people of india and to compel the authorities to fulfil the duties which are bound to perform under the law. These writs establishes the supremacy of judiciary.

02/07/2023

TYPES OF WRIT & MEANING
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02/07/2023

What is difference between writ and appeal ?
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A writ petition is filed in order to protect both the fundamental and constitutional rights in India. In contrast, an appeal is basically a motion filed before a Higher judge on which a judge of a lower court has passed an order, and such an order passed is unsatisfactory to the aggrieved person filing the appeal.
By : Anil Kumar , Advocate
Dhanbad civil court & jharkhand high court..

22/04/2023

सही निर्णय ।।।।

22/04/2023

Nice judgement ...

10/04/2023

महत्वपूर्ण निर्णय ।।।।।

25/03/2023

वाजिब बात ।।।

23/03/2023

Important judgement ....

17/03/2023

For Advocates..

11/03/2023

अहम फैसला ।।।।

07/03/2023

महाशय ये है देश की भलाई की बात । कृपया रूल बना दे कि पोस्ट रिटायरमेंट के बाद HC/SC के जज 5 साल तक कोई सरकारी या गैर सरकारी पद नही ले सकेंगे।

03/03/2023

अशोभनीय ।।।। SC के चीफ जस्टिस से बात करते समय उनके सम्मान को सर्वोपरी रखने की जरूरत है। वकीलों की जरूरत भी समझी जानी चाहिए।

11/02/2023

इनका कार्यकाल झारखंड में अनुकरणीय रहा है।

22/01/2023

सही सलाह ।।। वर्ग पांच से बच्चों को चाहे वो किसी धर्म का हो संबिधान की महत्वपूर्ण बातें पढ़ाई जानी चाहिए। पूरे भारत का सिलेबस एक हो।

19/01/2023

Important for Advocates....

10/01/2023

*Whatever I lay down is the practice; do not try to dictate to CJI: CJI DY Chandrachud to Senior Advocate Vikas Singh.*
Adv Vikash Singh sought listing of a matter relating to allotment of chambers to lawyers and tried to impress upon the CJI regarding the practice of the Court.
The CJI initially said that he will try to list the matter.

"We will list it, we have a very heavy board," the CJI said.

However, Singh insisted which did not go down well with the CJI

"Any day this week. Practice of the court is to finish the board," Singh said.

"As a CJI whatever I lay down is the practice. Do not try to dictate it to the CJI," was CJI Chandrachud's response.

In November last year, the CJI had said that Supreme Court judges are wilting under the enormous burden of workload and the Chief Justice of India (CJI) and judges undergo enormous stress when dealing with the task of listing cases

On November 10, immediately after he took over as CJI, Justice Chandrachud had issued directions to the registry to streamline listing of registered cases in Supreme Court.

Later on November 15, he had said that he aims to employ technology in listing of cases, thereby, reducing the role of registry and the CJI as the master of roster, when it comes to listing.

09/01/2023

JUDGE CAN RECALL THE ORDER DICTATED IN THE OPEN COURT :SAYS SC
Supreme Court has recently ruled that a Judge can recall the Order and change his mind even though the draft copy is signed and dictated in the open Court. In Kushalbhai Ratanbhai Rohit & Ors v. The State of Gujarat (SLP (Crl.) No.453 of 2014) the Bench comprising of Justices B.S. Chauhan, J. Chelameswar and M.Y. Eqbal took a view that in certain circumstances the Order can be recalled and altered even if it was dictated in the open Court.

05/01/2023

मुम्बई हाई कोर्ट का अहम फैसला ।
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यह स्वीकार करना मुश्किल है कि घनी आबादी वाले आवासीय इलाके में दो बच्चों की माँ एवं विधवा स्त्री के साथ एक बार नहीं बल्कि कई मौकों पर जबरन बलात्कार किया गया—एफ०आई०आर० करने में अत्यधिक विलम्ब के अलावा, अभियुक्त के खिलाफ लगाए गए बलात्कार के आरोप विश्वास को स्थापित नहीं करते— एफ०आई०आर० रद्द की जाती है—याचिका स्वीकार ।