Author: toahostinger

Introduction Writs are legal instruments designed to protect the fundamental rights mentioned in Part III of the Indian Constitution. They are formal written orders from a court, directing specific actions or prohibiting certain activities. The Supreme Court can issue writs under Article 32, while High Courts have the power under Article 226. These tools ensure the enforcement of constitutional rights, acting as checks on the abuse of power. Writs can be issued in the form of orders, directions, or commands. A person whose rights are violated can file a writ petition with the appropriate court. Dr. B.R. Ambedkar called Article 32 the “heart and soul of the Constitution.” Types of Writs Habeas Corpus Meaning: “You may have the body.” Ensures protection against unlawful detention, compelling the authority to present the detained person before the court. If the detention is found illegal, the court can order immediate release. It cannot be used if detention is backed by a lawful authority. This writ is crucial in upholding the right to personal liberty. Can be sought by the detained individual or by their family/friends. Conditions: Detained person not presented before a magistrate within 24 hours. Detention under an unconstitutional law. Arrest without legal cause. Case Laws: R.D. Upadhyay v. State of A.P. (2006): The writ was used to address conditions in children’s homes. Kharak Singh v. State of U.P. (1964): Reinforced the right to personal liberty, limiting state surveillance. Mandamus Meaning: “We command.” Directs a public authority to fulfill its duties. Filed by individuals whose legal rights are being denied by public officials. Can be issued against government bodies, tribunals, or public corporations. It’s not applicable to private individuals, the President, or Governors. Exceptions: Discretionary duties, non-statutory functions, private rights, or where alternative remedies exist. Case Laws: Bhopal Gas Peedith Mahila Udyog Sangathan v. Union of India (2012): Highlighted that the writ cannot be issued when alternative legal remedies exist. P.U.C.L. v. Union of India (2003): Clarified the scope of mandamus in public interest matters. Certiorari Meaning: “To be informed.” Used to correct the errors of lower courts when they act beyond their jurisdiction. Allows the higher court to transfer a case to itself or quash a faulty decision. Applicable against administrative as well as judicial authorities after 1991. Not issued against private individuals. Grounds: Lack of jurisdiction, procedural errors, or failure to follow natural justice. Case Laws: State of Gujarat v. Raghav Bechar (1969): Set limits on when a certiorari writ can be issued. Surya Dev Rai v. Ram Chander Rai (2003): Clarified the power of courts under Articles 226 and 227 to issue certiorari. Quo Warranto Meaning: “By what authority.” Prevents an individual from holding a public office illegally. The court asks the official to justify their authority to hold that position. Not applicable to private roles or appointments. Grounds: Unqualified individual occupying a public office. The office must have a statutory basis. Case Laws: Shivaji Rao v. State of Maharashtra (1983): Emphasized the importance of statutory qualifications for holding public office. Ashok Pandey v. State of Uttar Pradesh (2000): Discussed the applicability of this writ to university appointments. Prohibition Meaning: “To forbid.” Stops a lower court or tribunal from overstepping its jurisdiction. Unlike mandamus, it prohibits action rather than compelling it. Aimed at preventing jurisdictional overreach by subordinate courts. Not applicable to administrative bodies, legislative actions, or private entities. Conditions: Exceeding authority, procedural violations, using invalid laws, or violating legal rights. Case Laws: East India Commercial Co. Ltd. v. Collector of Customs (1962): Clarified that prohibition is available only before a lower court’s decision. S. Govind Menon v. Union of India (1967): Addressed the limits of judicial intervention through prohibition. CLICK TO WATCH THE DETAILED VIDEO ON WRITS BY TOA

12 Maxims of Equity Maxims of Equity Equity in law refers to a set of principles that aim to achieve fairness and justice when the strict application of legal rules might result in an unfair outcome. The principles of equity are often summarized in maxims, which serve as guidelines for courts in deciding cases based on fairness. In this article we will discuss 12 most important maxims of equity. He who seeks equity must do equity Meaning If you want the court to help you, you must be fair and just in your own actions. Example This maxim is incorporated under Order 8, Rule 6 of the CPC, as the doctrine of set-off. Suppose A goes to court and claims 1000 rupees due from B. B claims in a same suit 300 rupees due to him from A. If A wants courts to do equity (grant him his 1000 rupees) he should also do equity (should also return to B his 300 rupees) Example Imagine a tenant who has not paid rent for several months. If this tenant goes to court asking for protection against eviction, the court will expect the tenant to be willing to pay the overdue rent. The tenant must act fairly by paying what is due if they want the court’s help. Equity will not suffer a wrong to be without a remedy Meaning If someone has been wronged, the court will find a way to provide a remedy, even if the existing laws do not offer a clear solution. It is based on Latin maxim “Ubi jus ibi remedium” which means “where there is a right, there is a remedy.” Principle This principle means that if a legal right has been violated, the law must provide a way to enforce that right or offer compensation. Example Imagine someone takes your land by cheating you out of it. The strict law might not have a specific solution to give your land back if the papers are all legal. However, based on this maxim, the court will ensure that some remedy (such as getting the land back or compensation) to be given to you as a remedy. Leading Case on where there is a right there is a remedy Ashby v. White 1703 is a landmark English case. Facts Plaintiff: Mr. Ashby, a qualified voter. Defendant: Mr. White, a constable. Incident: Mr. Ashby was wrongfully prevented from voting by Mr. White. The candidate whom Ashby wanted to vote won the election in spite of that. Reasoning Plaintiff’s Argument: Ashby argued that even the candidate whom he wanted to vote has won the election but still his right to vote, was violated. He sought damages for this infringement. Defendant’s Argument: White contended that since Ashby’s preferred candidate won, no actual damage was suffered, and thus no compensation was warranted. Conclusion Court’s Decision: The court, led by Chief Justice Holt, ruled in favor of Ashby. It was held that the right to vote is a common law right, and any obstruction of this right should give rise to a cause of action, regardless of whether tangible damage occurred. Legal Principle: The decision in Ashby v. White set a principle that there is a legal remedy available for any infringement. Equity regards as done what ought to be done Meaning The court treats things that should have been done as if they were actually done. Example Suppose a person agrees to sell a piece of land to another person and receives the payment. However, the formal transfer of the land (registration) hasn’t been completed yet. If a dispute arises, the court will treat the land as already transferred to the buyer because the seller has received the payment and should have completed the transfer. Application of this maxim in India   Section 40 of TPA Illustration A contracts to sell Sultanpur to B. While the contract is still in force he sells Sultanpur to C, who has notice of the contract. B may enforce the contract against C to the same extent as against A. Principle If a person has promised or is obligated to do something, they should be treated as if they have fulfilled that promise, even if they haven’t done it yet. Equity is equality Meaning The maxim “equity is equality” ensures that the court tries to treat everyone equally and fairly, especially in cases involving division of assets or benefits. Example A, B and C bind themselves as sureties for a debt of Rs. 3,000/- advanced by X to Y. On Y’s failure to pay off the debt, X has a right to recover the whole amount from any of the three and if A has been compelled to pay the whole and cannot obtain indemnity from Y he (A) is entitled to a contribution of one-third from B and the other one-third from C and has to bear only the remaining one-third for himself. Principle Here the contribution is not the result of contract but is based upon the principle of natural justice. The statutory applications of this doctrine under the Indian Law are :- (i) Section 43 of the Indian Contract Act, 1872, which entitles a co-promisor who has performed the promise to compel other joint-promisors to contribute equally; (ii) Section 146 of the Indian Contract Act, 1872 provides for contribution among co-sureties ; (iii) Section 27 of the Indian Trust Act, 1882 which provides for contribution among co-trustees in case of a breach of trust; whether breach of trusts was committed jointly or where one of the trustees by his neglect enables the other to commit a breach of trust. (iv) Section 82 of the Transfer of Property Act, 1882 provides for contribution to the mortgage debt by the co-mortgagors. Example 1 (Contract for Sale of Property): Situation: You entered into a contract to buy a piece of land from a seller. You paid the full amount, but the seller hasn’t transferred the land to you. Court’s Action: The court can apply…

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  Category Description Illustration Case Law Citizens Enjoy all civil and political rights. – Articles 15, 16, 19, 29, and 30 are only for Indian citizens.<br>- Right to vote in elections to the Lok Sabha & state legislative assembly.<br>- Right to contest for membership of Parliament & state legislature.<br>- Can hold public offices such as President, Vice President, judges of SC & HCs, governor of states, attorney general of India & advocate general of states.<br>- Article 51A imposes 11 fundamental duties only on citizens. – Aliens Do not enjoy all civil and political rights. – Friendly aliens: Subjects of countries with cordial relations with India.<br>- Enemy aliens: Subjects of countries at war with India. – Natural Persons Living human beings. Examples: Men, women, and children. – Legal Persons Entities deemed to exist in the eye of law. Examples: Corporations, companies, institutions, universities, banks, railways, colleges, temples, hospitals, clubs, idols, etc. – Article 5 Persons domiciled in India. – Born in India.<br>- Either parent born in India.<br>- Resident in India for five years before the commencement of the Constitution. Pardeep Jain v. Union of India, 1984: Recognizes only one domicile, viz. domicile of India. Article 6 Persons migrated from Pakistan. – – Article 7 Persons migrated to Pakistan but later returned. – – Article 8 Persons of Indian origin residing outside India (overseas Indians). – – Article 9 No person shall be a citizen of India if they have voluntarily acquired the citizenship of any foreign state. – – Article 10 Continuation of citizenship. – – Article 11 Parliament’s power to regulate citizenship. – – Acquisition of Citizenship (Citizenship Act, 1955): Birth Descent Registration Naturalisation Incorporation of territory Loss of Citizenship (Citizenship Act, 1955): Renunciation Termination Deprivation