Law Writs and Other Constitutional Remedies

ISBN 13: 9788180385070

Writs and Other Constitutional Remedies

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9788180385070: Writs and Other Constitutional Remedies

One cannot imagine enforcing a right without the existence of a remedy. This book gives an insight into the opposite facet of a 'right', ie, a remedy, and discusses in detail the jurisdiction of the high court under art 226 of the Constitution of India with various legal aspects-substantive and procedural, connected with it. This book features the subtle aspects of each constitutional remedy. The fine nuances of each fundamental right have been thoroughly and the scope of judicial review in the context of the violation of a fundamental right by an executive action, a quasi-judicial decision and a legislative action have also been explained. In India, the jurisdiction of the high court under article 226 is invoked in myriad situations, asserting infringement of fundamental rights. In what type of cases a person can invoke the jurisdiction under article 226 as a right, and in cases he cannot, is a vexed problem of perennial nature. To resolve this particular problem, the author has attempted to suggest theories, described by him as 'theory of a clear and direct violation of a fundamental right' and 'theory of an indirect and incidental violation of a fundamental right'. The provision of article 227 has been dealt with exhaustively and with utmost clarity. Important issues like public interest litigation, locus standi and limits of judicial activism along with the origin and essential characteristics of the prerogative writs in their traditional and modern forms have been dealt with extensively. The chapter on Letters Patent Appeal will prove to be helpful in understanding the nature of intra-court appeal, including its pre- and post-constitutional importance. The jurisdiction of Supreme Court of India under articles 32, 131, 132, 133, 134, 136, 137 and 142 has been discussed elaborately in the light of important rulings. In short, the book envelops within its scope almost all constitutional remedies with citations of important case laws.

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1.

Asim Pandya
Published by Lexis Nexis (2009)
ISBN 10: 8180385078 ISBN 13: 9788180385070
New Hardcover Quantity Available: > 20
Seller:
BookVistas
(New Delhi, DELHI, India)
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Book Description Lexis Nexis, 2009. Hardcover. Book Condition: New. One cannot imagine enforcing a right without the existence of a remedy. This book gives an insight into the opposite facet of a `right`, ie, a remedy, and discusses in detail the jurisdiction of the high court under art 226 of the Constitution of India with various legal aspects?substantive and procedural, connected with it. This book features the subtle aspects of each constitutional remedy. The fine nuances of each fundamental right have been thoroughly and the scope of judicial review in the context of the violation of a fundamental right by an executive action, a quasi-judicial decision and a legislative action have also been explained. In India, the jurisdiction of the high court under article 226 is invoked in myriad situations, asserting infringement of fundamental rights. In what type of cases a person can invoke the jurisdiction under article 226 as a right, and in cases he cannot, is a vexed problem of perennial nature. To resolve this particular problem, the author has attempted to suggest theories, described by him as `theory of a clear and direct violation of a fundamental right` and `theory of an indirect and incidental violation of a fundamental right`. The provision of article 227 has been dealt with exhaustively and with utmost clarity. Important issues like public interest litigation, locus standi and limits of judicial activism along with the origin and essential characteristics of the prerogative writs in their traditional and modern forms have been dealt with extensively. The chapter on Letters Patent Appeal will prove to be helpful in understanding the nature of intra-court appeal, including its pre- and post-constitutional importance. The jurisdiction of Supreme Court of India under articles 32, 131, 132, 133, 134, 136, 137 and 142 has been discussed elaborately in the light of important rulings. In short, the book envelops within its scope almost all constitutional remedies with citations of important case laws. Tables of Contents:- Contents Preface . vii Foreword. xi Contents . xiii Table of Cases . xix CHAPTER 1 Article 226: Power of High Courts to Issue Certain Writs . 1 (1) NATURE AND SCOPE OF ARTICLE 226 IN GENERAL . 1 (2) ARTICLE 226 AIMS AT ENFORCING THE RULE OF LAW . 8 (3) ARTICLE 226 IS A PUBLIC LAW REMEDY .13 (4) ARTICLE 226 CONFERS POWER OF JUDICIAL REVIEW .17 (5) EXERCISE OF THE POWER UNDER ARTICLE 226 FOR THE ENFORCEMENT OF THE FUNDAMENTAL RIGHT .46 (6) EXERCISE OF POWER UNDER ARTICLE 226 FOR ANY OTHER PURPOSE .87 (7) MEANING OF THE TERM ?ANY PERSON OR AUTHORITY? IN ARTICLE 226 .89 (8) RELEVANT CONSIDERATIONS FOR THE GRANT OR REFUSAL OF A PETITION UNDER ARTICLE 226 .90 (9) FRAUD . 118 (10) AUTOMATIC VACATION OF THE EX-PARTE AD-INTERIM RELIEF UNDER ARTICLE 226(3) . 125 (11) PRACTICE AND PROCEDURE . 129 CHAPTER 2 Article 227: Power of Superintendence Over all Courts by the High Court .207 (1) SALIENT FEATURES OF THE JURISDICTION UNDER ARTICLE 227 . Printed Pages: 0. Bookseller Inventory # 72879

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2.

Asim Pandya
Published by Lexis Nexis (2009)
ISBN 10: 8180385078 ISBN 13: 9788180385070
New Hardcover Quantity Available: > 20
Seller:
A - Z Books
(New Delhi, DELHI, India)
Rating
[?]

Book Description Lexis Nexis, 2009. Hardcover. Book Condition: New. One cannot imagine enforcing a right without the existence of a remedy. This book gives an insight into the opposite facet of a `right`, ie, a remedy, and discusses in detail the jurisdiction of the high court under art 226 of the Constitution of India with various legal aspectsâ€"substantive and procedural, connected with it. This book features the subtle aspects of each constitutional remedy. The fine nuances of each fundamental right have been thoroughly and the scope of judicial review in the context of the violation of a fundamental right by an executive action, a quasi-judicial decision and a legislative action have also been explained. In India, the jurisdiction of the high court under article 226 is invoked in myriad situations, asserting infringement of fundamental rights. In what type of cases a person can invoke the jurisdiction under article 226 as a right, and in cases he cannot, is a vexed problem of perennial nature. To resolve this particular problem, the author has attempted to suggest theories, described by him as `theory of a clear and direct violation of a fundamental right` and `theory of an indirect and incidental violation of a fundamental right`. The provision of article 227 has been dealt with exhaustively and with utmost clarity. Important issues like public interest litigation, locus standi and limits of judicial activism along with the origin and essential characteristics of the prerogative writs in their traditional and modern forms have been dealt with extensively. The chapter on Letters Patent Appeal will prove to be helpful in understanding the nature of intra-court appeal, including its pre- and post-constitutional importance. The jurisdiction of Supreme Court of India under articles 32, 131, 132, 133, 134, 136, 137 and 142 has been discussed elaborately in the light of important rulings. In short, the book envelops within its scope almost all constitutional remedies with citations of important case laws. Tables of Contents:- Contents Preface . vii Foreword. xi Contents . xiii Table of Cases . xix CHAPTER 1 Article 226: Power of High Courts to Issue Certain Writs . 1 (1) NATURE AND SCOPE OF ARTICLE 226 IN GENERAL . 1 (2) ARTICLE 226 AIMS AT ENFORCING THE RULE OF LAW . 8 (3) ARTICLE 226 IS A PUBLIC LAW REMEDY .13 (4) ARTICLE 226 CONFERS POWER OF JUDICIAL REVIEW .17 (5) EXERCISE OF THE POWER UNDER ARTICLE 226 FOR THE ENFORCEMENT OF THE FUNDAMENTAL RIGHT .46 (6) EXERCISE OF POWER UNDER ARTICLE 226 FOR ANY OTHER PURPOSE .87 (7) MEANING OF THE TERM ‘ANY PERSON OR AUTHORITY’ IN ARTICLE 226 .89 (8) RELEVANT CONSIDERATIONS FOR THE GRANT OR REFUSAL OF A PETITION UNDER ARTICLE 226 .90 (9) FRAUD . 118 (10) AUTOMATIC VACATION OF THE EX-PARTE AD-INTERIM RELIEF UNDER ARTICLE 226(3) . 125 (11) PRACTICE AND PROCEDURE . 129 CHAPTER 2 Article 227: Power of Superintendence Over all Courts by the High Court .207 (1) SALIENT FEATURES OF THE JURISDICTION UNDER ARTICLE 227 . Printed Pages: 0. Bookseller Inventory # 72879

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