Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 13 July 2017
All are equal under the law in India.
In India Article 32 and 226 of the Constitution gives power to the Supreme Court and High Court to issue writs in case of breach of Fundamental rights of any citizen by the state. By such writs the Judiciary can control the administrative actions and prevent any kind of arbitrary use of power and discretion.
There are 5 kinds of writs
- Quo warranto
- Habeas corpus
Raveena Kataria (Advocate ) 13 July 2017
Priyanka Verma (Advocate, Pune Area) 13 July 2017
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 17 July 2017
There is a difference between judge of a lower court and judge. Higher courts always have jurisdiction over lower courts under them. It is not possible to answer the question without knowing what the case is. If an authority gives an order, which it cannot, one may file a writ of certiorari. If a lower court gives an order one will go on appeal to the higher court.
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 19 July 2017
This is a public forum. If you are willing to state your problem openly, fully and completely please do not come here. Go to a lawyer, pay him his fees and get his advice.
Priyanka Verma (Advocate, Pune Area) 20 July 2017
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 21 July 2017
A writ of mandamus if filed when an authority, such as say, the Police, refuses to act on one's complaint. If one files a complaint before a court, the court may either admit it or ab initio dismiss it. If the court thus dismisses it, one may go to the higher court and the higher court may order the lower court to admit the case. But it is not called a writ. Also the order is to the court and not to the judge in person.