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Suchitra. S (Advocate)     17 September 2009

about writs

Hi,

I want to know if anyone has filed a Habeas Corpus against an official, then, in his prayer, whether he should pray for presenting the body or, can he also pray for taking action against that official too? I mean to say, can writ of Habeas Corpus and Mandamus be clubbed together?



Learning

 5 Replies

Kiran Kumar (Lawyer)     18 September 2009

u need not to mention the Mandamus specifically, however do mention that necessary legal action may kindly be taken against the detaining officer.

 

at the time of arguments if the court finds the act of official is highly illegal or unconstitutional then the courts generally recommend action against such officer.

 

otherwise no harm in clubbing the two different nature of writs.....it is generally done like mandamus and certiorari can be clubbed together.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     21 September 2009

THERE IS NO ANY STRICT AND FAST RULE TO PRAY IN WRIT WITH WORDINGS AND PRASES, ALL HAVE THERE OWN SET OF  PRAYS, WITH PLEASING CLEAR SENTENCES WILL SOLVE THE PURPOSE OF WRIT, NORMALLY BENCH GO IN DEPTH AND PASS ORDERS ACCORDING TO THE SUTIVATION

N.K.Assumi (Advocate)     21 September 2009

I agree with my friend Kiran. Yes, there can be certiorarified Mandamus, so why not habeascorpus with Mandamus.Go ahead.

1 Like

Suchitra. S (Advocate)     22 September 2009

Thanks for all the replies.  :)

Sachin Bhatia (Advocate)     23 September 2009

 Agreed with Mr. Kiran


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