Month: September 2023
-
Writ of Certiorari
Law and You > Administrative Law > Writ of Certiorari There are five major types of writs viz. habeas corpus, mandamus, prohibition, quo warranto, and certiorari. Each of them has a different meaning and different implications. In this article, we shall discuss the writ of certiorari. Anything that is issued under authority is a writ.…
-
Writ of Mandamus
Law and You > Administrative Law > Writ of Mandamus There are five major types of writs viz. habeas corpus, mandamus, prohibition, quo warranto, and certiorari. Each of them has a different meaning and different implications. In this article, we shall discuss the writ of mandamus. Anything that is issued under authority is a writ.…
-
Writ of Habeas Corpus
Law and You > Administrative Law > Writ of Habeas Corpus There are five major types of writs viz. habeas corpus, mandamus, prohibition, quo warranto, and certiorari. Each of them has a different meaning and different implications. In this article, we shall discuss the writ of habeas corpus. Anything that is issued under authority is…
-
Exceptions to Principles of Natural Justice
Law and You > Administrative Law > Exceptions to Principles of Natural Justice The principles of natural justice can be excluded either expressly or by necessary implication, subject to the provisions of Article 14 and 21 of the Constitution. During Emergency: In India, it has been generally acknowledged that in cases of extreme urgency, where…
-
Assault Under IPC (Ss. 351 to 358)
Law and You > Criminal Laws > Indian Penal Code > Criminal Force (S. 350) When a gesture is made to any person, knowing that the person is going to apprehend it as the person is going to use criminal force on that person is known as assault. Mere words do not consist of an…
-
Criminal Force (S. 350)
Law and You > Criminal Laws > Indian Penal Code > Criminal Force (S. 350) Section 349 elaborately defines what “force” is and does not by itself constitute an offence. It merely explains what amounts to “force”. Force or use of mere force does not amount to an offence. When the force applied to a…
-
Force Under IPC (Section 349)
Law and You > Criminal Laws > Indian Penal Code > Force Under IPC (Section 349) Every individual has a right to live in the society without any unreasonable interference by others. Sometimes people may interfere with the body of others by threat or force. Any such interference using threat or force is considered as…
-
Speaking Order
Law and You > Administrative Law > Speaking Order Maxims “Nemo debet esse judex in propria causa” and “Audi alterem partem” are considered the two limbs of natural justice. Speaking order or reasoned order is considered as the third limb of natural justice. A reasoned decision is a decision which contains reason in its support.…
-
Audi Alterem Partem
Law and You > Administrative Law > Audi Alterem Partem The second principle of natural justice is Audi Alterem Partem literally means: to hear the other side or no one should be condemned unheard. This is necessary for providing a fair hearing and no doubt the rule against bias would also be a part of…
-
Pecuniary Bias and Official Bias
Law and You > Administrative Law > Pecuniary Bias and Official Bias Pecuniary Bias: It is obvious that the decision of the adjudicator would be affected if he is having a pecuniary interest in the subject matter of the proceedings. There is a presumption that any direct financial interest, however small, in the matter in…