Legal Sarathi Law Firm

21/11/2025

In India, writs are special orders issued by the Supreme Court (under Article 32) and High Courts (under Article 226) to enforce Fundamental Rights and ensure justice. There are five types of writs, each serving a different purpose:

1. Habeas Corpus
 Meaning: "You may have the body" (Latin)
 Issued to release a person who has been illegally detained or imprisoned.
 It protects an individual's personal liberty.
 Anyone, including family or friends, can file this writ on behalf of the detained person.
Example: If someone is kept in jail without any charge, the court can order the police to bring that person before the court.

2. Mandamus
 Meaning: "We command"
 Issued to compel a public official or authority to perform their legal duty.
 Cannot be issued against private individuals or President/Governors.
Example: If a government officer refuses to issue a license even after completing all formalities, the court can issue a Mandamus.

3. Prohibition
 Meaning: "To forbid"
 Issued by a higher court to lower courts or tribunals to stop them from exceeding their powers.
 Prevents unauthorized jurisdiction.
Example: If a civil court starts hearing a case that belongs to a labour court, the High Court can stop it using Prohibition.

4. Certiorari
 Meaning: "To be certified"
 Issued by a higher court to lower courts to review and quash their orders if passed illegally or without jurisdiction.
 It is corrective in nature (after the order is passed).
Example: If a tribunal passes a decision beyond its authority, the High Court can cancel it using Certiorari.

5. QuoWarranto
 Meaning: "By what authority"
 Issued to question the legality of a person holding a public office without proper authority or qualification.
 Ensures that no one illegally occupies a public post.
Example: If a person is appointed as a university vice-chancellor without proper qualifications, the court can remove them through this writ.

✅ Key Points:
Only Supreme Court and High Courts can issue writs.
 Article 32 - For Fundamental Rights (only SC).
 Article 226 - For Fundamental Rights + Other rights (only HC).

Writs are powerful tools for citizens to protect their rights.

19/11/2025

Professional Legal Services for Individuals & Businesses

At Legal Sarathi, we assist clients in complex matters related to:
• Banking & Finance Law
• Arbitration & Recovery Proceedings
• SARFAESI (Sec 13(2) / 13(4))
• Corporate & Commercial Issues
• Civil & Property Disputes
• Matrimonial & Employment Matters
• Consumer & Medical Negligence Cases

Our approach is:
✔ Strategic
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If you or your organisation is facing legal challenges, we provide structured and actionable support.

19/11/2025

Did you receive a bank recovery call?

Borrower Rights!!
Remember: Recovery agents are prohibited from threatening, abusing, or visiting at odd hours. Be aware of your rights. Professional legal guidance is available.

17/11/2025

Borrower Rights!!

Did you receive a bank recovery call?
Remember: Recovery agents cannot threaten, abuse, or visit at odd hours.
Know your rights. Legal guidance available at Legal Sarathi at [email protected]

27/07/2025

📢 #दहेज_प्रताड़ना

🇮🇳 सुप्रीम कोर्ट ने दहेज प्रताड़ना के मामलों में उठाया बड़ा कदम – झूठे मुकदमों पर लगेगा लगाम!

🧑‍⚖️ मामला:
Social Action Forum for Manav Adhikar vs Union of India, (2018) 10 SCC 443

📝 निर्णय की मुख्य बातें: 🔹 भारतीय दंड संहिता की धारा 498A (पति या उसके रिश्तेदारों द्वारा पत्नी के साथ क्रूरता) के दुरुपयोग पर सुप्रीम कोर्ट ने चिंता जताई।
🔹 कोर्ट ने सभी राज्यों को निर्देश दिए कि:

प्रत्येक जिले में फैमिली वेलफेयर कमेटी (FWC) बनाई जाए जो पहले शिकायत की प्रारंभिक जांच करेगी।

तुरंत गिरफ्तारी न की जाए जब तक FWC रिपोर्ट न दे।
🔹 FIR और गिरफ्तारी अंतिम उपाय मानी जाए, विशेष रूप से जहां समझौता संभव हो।

📌 न्यायालय की टिप्पणी:
"498A का उद्देश्य महिलाओं को संरक्षण देना है, लेकिन इसका गलत उपयोग किसी निर्दोष व्यक्ति की आज़ादी छीन सकता है। न्याय का संतुलन जरूरी है।"

🏛️ ENGLISH VERSION

Supreme Court’s Big Move on Dowry Harassment Cases – Safeguard against Misuse of Section 498A!

🧑‍⚖️ Case Citation:
Social Action Forum for Manav Adhikar vs Union of India, (2018) 10 SCC 443

📌 Key Guidelines: 🔸 Expressing concern over the misuse of Section 498A IPC, the Court issued guidelines to prevent automatic arrests.
🔸 Directed all states to:

Form Family Welfare Committees (FWC) at the district level.

No immediate arrest unless FWC submits its report.
🔸 FIR and arrest should be the last resort, especially in cases where reconciliation is possible.

⚖️ Court observed:
"While protecting genuine victims, we must also prevent the law from becoming a tool of harassment against innocent persons."

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📣 क्या आप या आपके जानने वाले इस प्रकार के मामले का सामना कर रहे हैं?
📞 नि:शुल्क सलाह के लिए संपर्क करें – 📬

✍️ Drafted by: 📌 Founder – Legal Sarathi

11/12/2024

25/09/2024

The Allahabad High Court observed that the jurisdiction of Civil Courts to entertain suits for injunction filed by tenants against their landlords, is not barred by the provisions of the U.P Regulation of Urban Premises Tenancy Act, 2021.

The Court said that the Civil Court continues to have jurisdiction to entertain the suits for an injunction even after the enactment of the Act of 2021.

The Court was hearing a Petition filed under Article 227 of the Constitution of India, challenging the validity of a judgment passed by the Civil Judge who had dismissed, at the admission stage, the Petitioner’s Suit seeking a perpetual injunction to prevent the defendant/landlord from evicting him from the leased property without following due legal process. The dismissal was based on the ground that Section 38(1) of the U.P Regulation of Urban Premises Tenancy Act, 2021 provides that no Civil Court shall entertain any suit or proceeding insofar as it relates to the provisions of the Act of 2021. The Petitioner also challenged the validity of the judgement and order passed by the Additional District who dismissed the revision and affirmed the order of the Civil Judge.

The bench of Justice Subhash Vidyarthi observed, “…the jurisdiction of Civil Courts to entertain suits for injunction filed by tenants against their landlords, is not barred by the provisions of the Act of 2021 and the Civil Court continues to have jurisdiction to entertain the suits for injunction even after enactment of the Act of 2021.”

The Court observed, “Act of 2021 confers jurisdiction on rent authority/rent tribunal to entertain petitions filed by landlord or eviction/ejectment of tenant for recovery of arrears of rent and damages etc. but there is no provision in the aforesaid act which confers jurisdiction on the rent authority/rent tribunal to entertain a suit for perpetual injunction filed by a tenant against his dispossession otherwise then in accordance with the law.”

The Court said that by declining to admit the suit for perpetual injunction, the Civil Judge has failed to exercise a jurisdiction vested in it by law.

Accordingly, the order passed by the Civil Judge, as well as the order passed by the Revisional Court affirming the order of the Civil Judge, is unsustainable in law.

Finally, the Court allowed the Petition.

Cause Title: Harmeet Singh v. Desh Deepak Gupta

23/09/2024

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