LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ganesh Kumar (Law student )     17 September 2024

Where can i find the descriptions of writ petitions

Can anyone find the legal document where the descripttions of writ petitions are written specifically - for example 

Let's consider the writ of Habeas Corpus with meaning 

"Habeas Corpus: This writ is filed to release a person who has been unlawfully detained or imprisoned."

Where is such a descripttion or similar descripttion found in legally accepted documents?

I mean the exact meaning of the Habeas Corpus. All I could find is interpretation of article 32 and 226 of the Indian constitution where these are mentioned but there is no definition of this writ.

Without clear definitions of things used in law , we can interpret anything. Of course so much has happened that the current interpretations are considered final.

The writs of certiorari and Mandamus are defined in the comments section of article 226 in book of "The Constitution of India" by professional book publishers which I studying. But nowhere could I find the descripttion of writs in the "The Constitution of India" which I downloaded from the government website.

So considering the above, you might find my interpretation silly, but if I suspect that my dog has been detained illegally or confined illegally, can I file a Habeas Corpus writ in the court of law? If not why?



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     17 September 2024

You can read the law study books on the subject you are looking for clarification. 

You can find the law study books in library 

Dr. J C Vashista (Advocate )     18 September 2024

Seek guidance of your professor / coach / tutor if you are unable to find from law books or legal websites.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 September 2024

You write 'writ petitions' in Google and click. You will get all the results about all kinds of writ petitions. The writ of habeas corpus is to produce the body of a person before the court of law. It need not necessarily be to produce an illegally detained prisoner.  If an adult girl wants to marry her lover, but her family is detaining her in the house, her lover who is outside can file a writ of habeas corpus in the court to produce the girl in the court so that she can be asked whether she wants to go with her lover.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register