What Do You Mean By Judgement

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Meaning of Judgement : Judgement means the observation and decision of court of law in respect of a particular case after conclusion of a trial. Content of Judgement : Every Judgement - Shall be written in the language of the court. Shall contain the point or points for determination, the decision there on and the reason for the decision. Shall specify the offence of which and section of The Indian Penal Code, 1860 or other law under which the accused is convicted and the punishment to which he is sentenced. If the Judgement is of acquittal, it shall state the offence, of which the accused is acquitted and direct that he be set at liberty section 354(1). Object : The object should be to protect the society and to deter the criminal in achieving the avowed object of law by imposing appropriate sentence. The social impact of the crime like where its relates to offences against woman, kidnapping and other offences involving moral delinquency which have great impact on s...
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Writ Jurisdiction

Writ Jurisdiction
Introduction :-  In common law writ is a formal written order issue by a body with administrative or judicial jurisdiction. 


Writ filed in High Court as well as Supreme Court. In High Court, writ can file  under Article 226 of the Indian constitution. In Supreme Court, wtit can file under Article 32 of the Indian constitution.

Various forms of the Writ:-

1. Write of Habeas Corpus.
2. Write of Quo Warranto.
3. Write of Mandamus.
4. Write of the Certiorari. 
5. Write of Prohibition.

Write of Habeas Corpus :-

The Latin term Habeas Corpus means 'you must have the body' and a Writ for securing the liberty was called Habeas Corpus. This Writ is issued by the court which directs the authority or the government body which has detained the person to present him in front of the court so that a proper justice could be imparted to that person.
Ground for the issue of this Writ:-
This Writ is basically issued by the court when the person detained is not presented in front of the magistrate within 24 hours of his/her detention. In Gopalan v. Government of India, the Supreme Court ruled that the earliest date with reference to which the legality of detention may be examined is the date on which the application for the same is made to the court.

Write of Quo Warranto :-
The term Quo Warranto means what is your authority. The Write of Quo Warranto is used to judicially control in the matter of mankind appointments to public offices under statutory provisions. When a person is holding a public office but he is not entitled to hold that office then the court can issue this Writ.
Grounds for issues this Write:-
Quo Warranto prevents illegal use of public office by an individual. It basically used when a person holding the  office is not legally qualified to hold the office in clear violate of provisions of the constitution or the law.

Writ of Mandamus :-
This writ is basically issued by the court to direct the authority to do the work assigned to the particular office. Issued by the Court to direct the authority to perform the duty imposed on it by law.
Grounds for issuing this writ :-
Mandamus can be issued when the government denies to itself a jurisdiction which it undoubtedly has under the law. The function of Mandamus is to keep the public authority within the limit of their jurisdiction while exercising public functions.

Write of Certiorari :-
A Writ of Certiorari has much in common with a Writ of Prohibition. The only difference between the two is , in case of a Writ of Prohibition issue to prevent and inferior court or tribunal to go ahead with the trial of a case in which it has assumed excess of jurisdiction.
In case of writ of Certiorari is issue to quash the order passed by an inferior court or tribunal in excess of jurisdiction.

 Writ if Prohibition :-
A Write of Prohibition is issue by a superior court to an inferior court or tribunal to prevent it from exceeding it jurisdiction and to compel it to keep within the limit of it jurisdiction.
Grounds for issue this Writ:-
A Writ of Prohibition is normally issue when inferior court or tribunal : -
1. Proceeds to act without jurisdiction or in excess of jurisdiction.
2. Proceeds to act in violation of rules of natural justice.
3. Proceeds to act under a law which is unconstitutional.
4. Proceeds to act in contravention of fundamental rights.

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