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Lawyer​

Sanjay sharma reference for naveen chahar advocate

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Satendra Kumar Verma

Writ​

Under the Indian legal system, jurisdiction to issue 'prerogative writs' is given to the Supreme Court, and to the High Courts of Judicature of all Indian states. Parts of the law relating to writs are set forth in the Constitution of India. The Supreme Court, the highest in the country, may issue writs under Article 32 of the Constitution for enforcement of fundamental rights and under Article 139 for enforcement of rights other than fundamental rights, while High Courts, the superior courts of the States, may issue writs under Articles 226. The Constitution broadly provides for five kinds of "prerogative" writs:habeas corpus, certiorari, mandamus, quo warrantoand prohibition:

  • The writ of habeas corpus(to have the body of) is issued to a detaining authority, ordering the detainer to produce the detained person in the issuing court, along with the cause of his or her detention. If the detention is found to be illegal, the court issues an order to set the person free
  • The writ of certiorari(be informed) is issued to a lower court directing that the record of a case be sent up for review, together with all supporting files, evidence, and documents, usually with the intention of overruling the judgment of the lower court. It is one of the mechanisms by which the fundamental rights of the citizens are upheld
  • The writ of mandamus(command) is issued to a subordinate court, an officer of the government, or a corporation or other institution commanding the performance of certain acts or duties
  • The writ of quo warranto(by what authority; under what warrant) is issued against a person who claims or usurps a public office. Through this writ, the court inquires 'by what authority' the person supports his or her claim.
  • The writ of prohibition(forbid) is issued by a higher court to a lower court prohibiting it from taking up a case because it falls outside the jurisdiction of the lower court. Thus, the higher court transfers the case to itself.

MSA- Master Service Agreement

SOW- Statement of Work.

Doctrine​

Doctrine of Colorable Legislation​

  • The literal meaning of Colorable Legislation is that under the 'color' or 'guise' of power conferred for one particular purpose, the legislature cannot seek to achieve some other purpose which it is otherwise not competent to legislate on
  • Doctrine of Colorable Legislation is built upon the founding stones of the Doctrine of Seperation of Power
  • Separation of Power mandates that a balance of power is to be struck between the different components of the State i.e. between the Legislature, the Executive and the Judiciary
  • The Primary Function of the legislature is to make laws. Whenever, Legislature tries to shift this balance of power towards itself then the Doctrine of Colorable Legislation is attracted to take care of Legislative Accountability
  • Doctrine of Colorable Legislation like any other consitutional law doctrine is a tool devised and applied by the Supreme Court of India to interpret various Consitutional Provisions.
  • It is a guiding principle of immense utility while construing provisions relating to legislative competence

Doctrine of casus omissus​

The doctrine of casus omissus outlines the circumstances where a court can supply a clearly unintended omission by the legislature in drafting a particular provision

Other Doctrines​

Audi alteram partem - Wikipedia

Ignorance of law is no excuse

5 Landmark cases​

  1. Golaknath vs State of Punjab Case - 1967
  2. Kesavananda Bharati vs State of Kerala - 1973
  3. Menaka Gandhi vs Union of India - 1978
  4. Minerva Mills Ltd. vs Union of India - 1980
  5. S.R. Bommai's Union of India Case - 1994

https://www.youtube.com/watch?v=Cra79uJ2ZP4

Courses​

https://learn.finology.in/courses/legal/indian-penal-code

Others​

3 New Criminal Bills Explained | Why we need New Criminal Laws? - YouTube