A writ is a quick remedy against injustice, a device for the protection of the rights of citizens against any encroachment by the governmental authority. writs originated in Britain where they were king’s or queen’s ‘prerogative’ writs and were commands to the judicial tribunals or other bodies to do or not to do something. Since writs carried the authority of the crown they were to be obeyed. Later, writs came to be enjoyed by the judges of the King’s Bench. In India, the power to issue writs has been vested in the Supreme Court and the high courts. It is an extraordinary remedy which can be expected in special circumstances.
It is well-settled that extraordinary writ jurisdiction cannot be exercised when the civil rights of the parties are involved and the facts are disputed.
In the case of Chairman, Grid Corporation of Orissa Ltd. V. Sukamani Das wherein proceedings were based on the question of negligence in cases of deaths that taken place because of electrocution as a result of the deceased coming into contact with snapped live wire of the electric transmission lines of the appellant, the apex court ruled that:
It is well settled legal position that, where questions of facts are involved, the remedy under Section 226 of the Constitution is not a proper remedy.
In the case of Suba Singh v. Davinder kaur, the question before the Supreme Court was whether, during the pendency of criminal proceedings, a separate civil suit for damages by the defendants of the victim of the crime was maintainable or not. Answering the question in the affirmative, the Court awarded damages to the defendants of the victim.
The court explained that a suit for damages for the murder of a person was filed under the Fatal Accidents Act, 1855 which act was based on the Fatal Accidents Act, 1846 which was having its object to provide compensation to families for the loss occasioned by the death of a person caused by actionable wrong.
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
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We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.
We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge