Law On Writs in India (रिट पर कानून) Law On Writs in India (रिट पर कानून)

Law On Writs in India (रिट पर कानून)

WRIT

Law On Writs in India (रिट पर कानून)

In common law, a writ (Anglo-Saxon gewrit, Latin breve)[1] is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a courtWarrantsprerogative writs, and subpoenas are common types of writ, but many forms exist and have existed.

In its earliest form a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the feudal era a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain place and time.[2] An early usage survives in the United KingdomCanadaand Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General and, in Australia, by the Governor-General for elections for the House of Representatives, or State Governors for State elections) to local officials (High Sheriffs of every county in the historical UK) to hold a general election. Writs were used by the medieval English kings to summon persons to Parliament,[3] (then consisting primarily of the House of Lords) whose advice was considered valuable or who were particularly influential, and who were thereby deemed to have been created “barons by writ“.

a form of written command in the name of a court or other legal authority to act, or abstain from acting, in a particular way.

The writ was a unique development of the Anglo-Saxon monarchy, and consisted of a brief administrative order, authenticated (innovatively) by a seal.[4] Written in the vernacular, they generally made a land grant, or conveyed instructions to a local court. In the beginning, writs were the document issued by the King’s Chancellor against a landowner whose vassal complained to the King about an injustice, after a first summon by the sheriff to comply had been deemed fruitless.[5] William the Conqueror took over the system unchanged, but was to extend it in two ways: first, writs became mainly framed in Latin, not Anglo-Saxon; second, they covered an increasing range of royal commands and decisions.[6] Writs of instruction continued to develop under his immediate successors, but it was not until Henry the Second that writs became available for purchase by private individuals seeking justice, thus initiating a vast expansion in their role within the common law.[7]

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