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Criminal Lawyer Tag

Advocate Bindu > Posts tagged "Criminal Lawyer"

Types of Writ Petitions in India: A Comprehensive Guide with Case Laws

Types of Writ Petitions in India

Writing petitions in India is a legal remedy available under Article 32 and Article 226 of the Indian Constitution to safeguard fundamental rights. These petitions are a powerful tool for citizens to seek justice and remedy against any violation of their constitutional rights. The Indian judiciary recognizes several types of writ petitions, each serving a specific purpose. In this blog, we will delve into the various kinds of writ petitions and explore landmark case laws that illustrate instances both in favor and against the issuance of each type.


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The Significance and Functionality of Writ Petitions in India

Significance Writ Petitions in India

Writ petitions in India are a legal recourse for individuals seeking immediate remedies to protect their fundamental rights and challenge governmental actions. Rooted in Articles 32 and 226 of the Indian Constitution, these petitions empower citizens to approach the higher judiciary to enforce their rights, ensuring a check on the constitutionality and legality of administrative decisions.


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Anticipatory Bail in 498a and Dowry Cases in India

Anticipatory Bail in 498a and Dowry Cases

Anticipatory bail holds a significant position in the legal landscape of India, particularly in cases related to Section 498A of the Indian Penal Code (IPC) and dowry offenses. Section 498A was introduced with the noble intent of protecting married women from cruelty and harassment, including dowry-related abuse. However, over the years, this provision has been a subject of both praise and criticism, with concerns about its misuse and the potential for false accusations leading to the arrest of innocent individuals. Anticipatory bail emerges as a crucial legal remedy in such situations, providing individuals with an opportunity to seek...

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Explanation of Habeas Corpus: Shedding Light on Its Significance

Habeas Corpus in detail

“Habeas Corpus” is a Latin term that translates to “you shall have the body.” In legal terms, a writ of habeas corpus is a fundamental legal remedy designed to protect an individual’s right to personal liberty by preventing unlawful detention or imprisonment. The writ is a powerful tool that allows a person to challenge the legality of their detention or the detention of another individual before a court. It is considered a cornerstone of individual freedom and a crucial safeguard against arbitrary state action.


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Bail in NDPS Cases in India: Understanding the Legal Landscape

Bail in NDPS Cases in India

Under the NDPS Act getting bail is not an easy thing, whereas, under ordinary criminal cases, bail is the rule and jail is the exception. However, under the NDPS Act, it is reversed. Section 37 of the Act imposes strict requirements for the grant of bail to the accused person. The Narcotic Drugs and Psychotropic Substances (NDPS) Act is one of the most robust laws in India aimed at combating drug-related offenses with the help of the Best NDPS Lawyer in Mumbai. The Act has strict provisions and penalties to deter drug trafficking and abuse. One critical aspect...

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Explanation of Certiorari Writ: Unraveling its Purpose and Mechanics

Explain Certiorari Writ in Detail

Certiorari is a legal remedy and writ that holds significant importance in administrative law, providing a means for superior courts to review and quash the decisions, orders, or judgments of lower courts, tribunals, or quasi-judicial authorities. The term "certiorari" is derived from Latin, meaning "to be certified" or "to be informed." The writ of certiorari is sought when there is a belief that the lower authority has acted beyond its jurisdiction, committed errors of law, or violated the principles of natural justice.


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Mandamus in Detail Comprehensive Explanation Unveiled

Explain a Mandamus in detail

Mandamus is a legal remedy and writ that plays a pivotal role in administrative law, compelling public officials, government authorities, or individuals holding public office to perform a specific legal duty that they have failed or refused to execute. The term “mandamus” is derived from Latin, meaning “we command.” This writ is considered a command from the court, instructing the responsible party to fulfill a statutory obligation or carry out a specific act within their official capacity.


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Decoding the Prohibition Writ: In-depth Explanation

Explain The Prohibition Writ in Detail

Prohibition is a legal remedy and writ that plays a crucial role in administrative law, specifically addressing situations where a lower court, tribunal, or quasi-judicial authority is perceived to be exceeding its jurisdiction or acting beyond the scope of its legal authority. The term "prohibition" implies forbidding or preventing, and the writ of prohibition is sought from a higher court to restrain the lower authority from continuing or taking any action that falls outside its prescribed legal limits.


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