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What you have understood from today's class ?




Types of writ

by Emon Hossain Bijoy -

Any person do that when any person aggrieved, may give such directions or orders to any person or authority, including any person performing any function in connection with the affairs of the Republic.


issued by the High Court by which any person who occupies or franchise or liberty is asked to show by what right he claims it, so that the title to the officer, franchise or liberty may be settled,


Article(102)


2(a)(i)=prohibition +mandamus


Article(102)


2(a)(ii)=cirteorari


Article (102)


2(b)(i)=hebeas corpus


Article(102)


2(b)(ii)=Quo warranto



Types of writ

by Afsana akter 221-26-465 -

Writ means a written document by which one is summoned or required to do or refrain from doing something. 

Types of writs :

1. Habeas corpus.

2. Certiorari.

3. Prohibition.

4. Mandamus.

5. Quo warranto


Writ

by Sohaieb Parvaz -

Writ:

The person whose fundamental rights was violated by anyone can file a writ under article 102 on high court Division of Supreme Court of Bangladesh


Writ

by Shohana Akter (213-26-450) -

Any person do that when any person aggrieved, may give such directions or orders to any person or authority, including any person performing any function in connection with the affairs of the Republic.


issued by the High Court by which any person who occupies or franchise or liberty is asked to show by what right he claims it, so that the title to the officer, franchise or liberty may be settled,


Article(102)


2(a)(i)=prohibition +mandamus


Article(102)


2(a)(ii)=cirteorari


Article (102)


2(b)(i)=hebeas corpus


Article(102)


2(b)(ii)=Quo warranto

Type of writ

by Santa Akter -

Name: Santa Akter

ID : 221-26-477

Types of writs :


1. Habeas corpus.


2. Certiorari.


3. Prohibition.


4. Mandamus.


5. Quo warranto

Writ

by Santa Akter -

Writ:

The person whose fundamental rights was violated by anyone can file a writ under article 102 on high court Division of Supreme Court of Bangladesh

Writ

by Khadimul Islam -


The person whose fundamental rights was violated by anyone can file a writ under article 102 on high court Division of Supreme Court of Bangladesh

In the Constitution of Bangladesh

by Estiaq Antw -

In the Constitution of Bangladesh, the writ jurisdiction provides a mechanism for the protection of fundamental rights and the enforcement of the rule of law. The writs are legal orders issued by the High Court Division of the Supreme Court of Bangladesh to ensure that the rights of individuals are safeguarded and that the government acts within the boundaries of the law.

There are five types of writs available under the Bangladeshi Constitution:

  1. Habeas Corpus: Habeas corpus is a writ that ensures the right to personal liberty. It empowers the court to order the production of a detained person before the court and to release them if their detention is found to be illegal or unjust.

  2. Mandamus: Mandamus is a writ that commands a public official or authority to perform a specific duty that falls within their legal authority. It is issued when there is a failure or refusal to act in accordance with the law.

  3. Prohibition: Prohibition is a writ that prohibits a lower court or tribunal from exceeding its jurisdiction or acting beyond the scope of its authority. It aims to prevent judicial or quasi-judicial bodies from acting unlawfully.

  4. Certiorari: Certiorari is a writ that allows the High Court Division to review the decisions of lower courts or tribunals to determine if they were made without jurisdiction or in violation of the principles of natural justice. If a decision is found to be flawed, it can be quashed or set aside.

  5. Quo Warranto: Quo warranto is a writ used to question the legitimacy or authority of a person holding public office or a position of power. It challenges whether the individual is eligible to hold that position or if they obtained it unlawfully.

The writ jurisdiction is an essential tool for ensuring accountability, protecting individual rights, and upholding the rule of law in Bangladesh. It allows citizens to seek legal remedies when their fundamental rights are violated or when public officials exceed their lawful authority.


Writ

by Kanij Azad Nipa -

Classification of writ: 1. Habeas corpus 2. Certiorari. 3. Prohibition 4.Mandamus 5.Quo-warranto According to Article 102(2)(a) Any aggrieved person can file the following writ at High Court Division - 1) Prohibition, Mandamus 2) Certiorari According to Article 102(2)(b) Any person can file the following writ at High court Division i) Habeus Corpus ii) Quo

Writ

by Abdur Rahman -


Classification of writ: 1. Habeas corpus 2. Certiorari. 3. Prohibition 4.Mandamus 5.Quo-warranto According to Article 102(2)(a) Any aggrieved person can file the following writ at High Court Division

Writ

by Sanzida rahman Any -
Classification of writ: 1. Habeas corpus 2. Certiorari. 3. Prohibition 4.Mandamus 5.Quo-warranto According to Article 102(2)(a) Any aggrieved person can file the following writ at High Court Division - 1) Prohibition, Mandamus 2) Certiorari According to Article 102(2)(b) Any person can file the following writ at High court Division i) Habeus Corpus ii) Quo

Article-102

by Rifah Tasnim Kabbo -

He prerogative writs were five in number-Habeas Corpus, Certiorari, Prohibition, Mandamus and Quo-Warranto. The king issued them against his officers to compel them to exercise their functions properly or to prevent them from abusing their powers. Subjects being aggrieved by the actions of the king’s officials came to the King and appealed for redress. And the King through the above mentioned two courts issued them against his officials to give remedies to his subjects. Gradually as the government functions increased and the concept of rule of law emerged and the courts became independent, these writs came to be the prerogatives of the court instead of the King and lastly they came to be the prerogative of the people for they are now guaranteed rights in the constitutions of many countries and citizens can invoke them as of right. In Bangladesh, there is no prerogative power belonging to any organ of government. But the power to issue writ corresponding to English prerogative writ has been vested in the High Court Division under Article 102 of the Constitution. Article 102 of the Constitution of the Peoples Republic of Bangladesh is the core of writ jurisdiction.

Writs

by Rifah Tasnim Kabbo -

In the Constitution of Bangladesh, the writ jurisdiction provides a mechanism for the protection of fundamental rights and the enforcement of the rule of law. The writs are legal orders issued by the High Court Division of the Supreme Court of Bangladesh to ensure that the rights of individuals are safeguarded and that the government acts within the boundaries of the law.

There are five types of writs available under the Bangladeshi Constitution:

  1. Habeas Corpus: Habeas corpus is a writ that ensures the right to personal liberty. It empowers the court to order the production of a detained person before the court and to release them if their detention is found to be illegal or unjust.

  2. Mandamus: Mandamus is a writ that commands a public official or authority to perform a specific duty that falls within their legal authority. It is issued when there is a failure or refusal to act in accordance with the law.

  3. Prohibition: Prohibition is a writ that prohibits a lower court or tribunal from exceeding its jurisdiction or acting beyond the scope of its authority. It aims to prevent judicial or quasi-judicial bodies from acting unlawfully.

  4. Certiorari: Certiorari is a writ that allows the High Court Division to review the decisions of lower courts or tribunals to determine if they were made without jurisdiction or in violation of the principles of natural justice. If a decision is found to be flawed, it can be quashed or set aside.

  5. Quo Warranto: Quo warranto is a writ used to question the legitimacy or authority of a person holding public office or a position of power. It challenges whether the individual is eligible to hold that position or if they obtained it unlawfully.

The writ jurisdiction is an essential tool for ensuring accountability, protecting individual rights, and upholding the rule of law in Bangladesh. It allows citizens to seek legal remedies when their fundamental rights are violated or when public officials exceed their lawful authority.


Writ

by Rifah Tasnim Kabbo -

The person whose fundamental rights was violated by anyone can file a writ under article 102 on high court Division of Supreme Court of Bangladesh

Writ of prohibition

by Sadik Kallol(221-26-473) -

Prohibition is a writ that prohibits a lower court or tribunal from exceeding its jurisdiction or acting beyond the scope of its authority. It aims to prevent judicial or quasi-judicial bodies from acting unlawfully.

Types of writ

by azmol hossain (221-26-508) -

Writ means a written document by which one is summoned or required to do or refrain from doing something. 

Types of writs :

1. Habeas corpus.

2. Certiorari.

3. Prohibition.

4. Mandamus.

5. Quo warranto


.

by azmol hossain (221-26-508) -

he prerogative writs were five in number-Habeas Corpus, Certiorari, Prohibition, Mandamus and Quo-Warranto. The king issued them against his officers to compel them to exercise their functions properly or to prevent them from abusing their powers. Subjects being aggrieved by the actions of the king’s officials came to the King and appealed for redress. And the King through the above mentioned two courts issued them against his officials to give remedies to his subjects. Gradually as the government functions increased and the concept of rule of law emerged and the courts became independent, these writs came to be the prerogatives of the court instead of the King and lastly they came to be the prerogative of the people for they are now guaranteed rights in the constitutions of many countries and citizens can invoke them as of right. In Bangladesh, there is no prerogative power belonging to any organ of government. But the power to issue writ corresponding to English prerogative writ has been vested in the High Court Division under Article 102 of the Constitution. Article 102 of the Constitution of the Peoples Republic of Bangladesh is the core of writ jurisdiction.



Writ of quo warranto

by Afroj Mahajabin Lisa( 221-26-497) -

Quo warranto is a writ used to question the legitimacy or authority of a person holding public office or a position of power. It challenges whether the individual is eligible to hold that position or if they obtained it unlawfully.

Writ of certiorari

by Afroj Mahajabin Lisa( 221-26-497) -

Certiorari is a writ that allows the High Court Division to review the decisions of lower courts or tribunals to determine if they were made without jurisdiction or in violation of the principles of natural justice. If a decision is found to be flawed, it can be quashed or set aside.

Writ of prohibition

by Afroj Mahajabin Lisa( 221-26-497) -

Prohibition is a writ that prohibits a lower court or tribunal from exceeding its jurisdiction or acting beyond the scope of its authority. It aims to prevent judicial or quasi-judicial bodies from acting unlawfully.

Mandamus

by Afroj Mahajabin Lisa( 221-26-497) -

Mandamus is a writ that commands a public official or authority to perform a specific duty that falls within their legal authority. It is issued when there is a failure or refusal to act in accordance with the law.

Habeas corpus

by Afroj Mahajabin Lisa( 221-26-497) -

1.Habeas Corpus: Habeas corpus is a writ that ensures the right to personal liberty. It empowers the court to order the production of a detained person before the court and to release them if their detention is found to be illegal or unjust.

Types of writ

by Afroj Mahajabin Lisa( 221-26-497) -

Writ means a written document by which one is summoned or required to do or refrain from doing something. 

There are five types of writ :

1. Habeas corpus.

2. Certiorari.

3. Prohibition.

4. Mandamus.

5. Quo warranto


Writ

by Ashikkuzzaman shayan -

Writ means a written document by which one is summoned or required to do or refrain from doing something. 

Types of writs :

1. Habeas corpus.

2. Certiorari.

3. Prohibition.

4. Mandamus.

5. Quo warranto


writ

by Rokibul Islam 221-26-491 -

The prerogative writs were five in number-Habeas Corpus, Certiorari, Prohibition, Mandamus and Quo-Warranto. The king issued them against his officers to compel them to exercise their functions properly or to prevent them from abusing their powers. Subjects being aggrieved by the actions of the king’s officials came to the King and appealed for redress. And the King through the above mentioned two courts issued them against his officials to give remedies to his subjects. Gradually as the government functions increased and the concept of rule of law emerged and the courts became independent, these writs came to be the prerogatives of the court instead of the King and lastly they came to be the prerogative of the people for they are now guaranteed rights in the constitutions of many countries and citizens can invoke them as of right. In Bangladesh, there is no prerogative power belonging to any organ of government. But the power to issue writ corresponding to English prerogative writ has been vested in the High Court Division under Article 102 of the Constitution. Article 102 of the Constitution of the Peoples Republic of Bangladesh is the core of writ jurisdiction.

Who can issue writ

by Sumaya Khanom -

The person whose fundamental rights was violated by anyone can file a writ under article 102 on high court Division of Supreme Court of Bangladesh

Definition of writ

by Sorna Rahman (221-26-461) -

There are five types of writs available under the Bangladeshi Constitution:


1.Habeas Corpus: Habeas corpus is a writ that ensures the right to personal liberty. It empowers the court to order the production of a detained person before the court and to release them if their detention is found to be illegal or unjust.


2.Mandamus: Mandamus is a writ that commands a public official or authority to perform a specific duty that falls within their legal authority. It is issued when there is a failure or refusal to act in accordance with the law.


3.Prohibition: Prohibition is a writ that prohibits a lower court or tribunal from exceeding its jurisdiction or acting beyond the scope of its authority. It aims to prevent judicial or quasi-judicial bodies from acting unlawfully.


4.Certiorari: Certiorari is a writ that allows the High Court Division to review the decisions of lower courts or tribunals to determine if they were made without jurisdiction or in violation of the principles of natural justice. If a decision is found to be flawed, it can be quashed or set aside.


5.Quo Warranto: Quo warranto is a writ used to question the legitimacy or authority of a person holding public office or a position of power. It challenges whether the individual is eligible to hold that position or if they obtained it unlawfully.

Types of the writ

by Sorna Rahman (221-26-461) -


The Constitution of Bangladesh indicates towards following kinds of writs, namely-

• Habeas corpus

• Certiorari

• Prohibition

• Mandamus &

• Quo-Warranto


Writ

by Most.sharmin Islam 221-26-489 -

Writ means a written document by which one is summoned or required to do or refrain from doing something. 

Types of writs :

1. Habeas corpus.

2. Certiorari.

3. Prohibition.

4. Mandamus.

5. Quo warranto.

Writ

by Murtaza Fahmid -


In the Constitution of Bangladesh, the writ jurisdiction provides a mechanism for the protection of fundamental rights and the enforcement of the rule of law. The writs are legal orders issued by the High Court Division of the Supreme Court of Bangladesh to ensure that the rights of individuals are safeguarded and that the government acts within the boundaries of the law.

There are five types of writs available under the Bangladeshi Constitution:

  1. Habeas Corpus: Habeas corpus is a writ that ensures the right to personal liberty. It empowers the court to order the production of a detained person before the court and to release them if their detention is found to be illegal or unjust.

  2. Mandamus: Mandamus is a writ that commands a public official or authority to perform a specific duty that falls within their legal authority. It is issued when there is a failure or refusal to act in accordance with the law.

  3. Prohibition: Prohibition is a writ that prohibits a lower court or tribunal from exceeding its jurisdiction or acting beyond the scope of its authority. It aims to prevent judicial or quasi-judicial bodies from acting unlawfully.

  4. Certiorari: Certiorari is a writ that allows the High Court Division to review the decisions of lower courts or tribunals to determine if they were made without jurisdiction or in violation of the principles of natural justice. If a decision is found to be flawed, it can be quashed or set aside.

  5. Quo Warranto: Quo warranto is a writ used to question the legitimacy or authority of a person holding public office or a position of power. It challenges whether the individual is eligible to hold that position or if they obtained it unlawfully.

The writ jurisdiction is an essential tool for ensuring accountability, protecting individual rights, and upholding the rule of law in Bangladesh. It allows citizens to seek legal remedies when their fundamental rights are violated or when public officials exceed their lawful authority.


Writ (Article 102)

by Sanjida Rahaman Asha (221-26-483) -

Writ is a very important legal remedial right of the people of a welfare state for the purpose of enforcement and implementation of substantive law, where there has been an infringement of their fundamental rights.

Types of the writ

The Constitution of Bangladesh indicates towards following kinds of writs, namely-

• Habeas corpus

• Certiorari

• Prohibition

• Mandamus &

• Quo-Warranto


Writ

by RASHIDA AKTER RIA -

Writ is a very important legal remedial right of the people of a welfare state for the purpose of enforcement and implementation of substantive law, where there has been an infringement of their fundamental rights.

Types of the writ

The Constitution of Bangladesh indicates towards following kinds of writs, namely-

• Habeas corpus

• Certiorari

• Prohibition

• Mandamus &

• Quo-Warranto


Write

by Naurin Jahan Nila 213-26-413 -


Classification of writ: 


1. Habeas corpus

2. Certiorari.

3. Prohibition

 4.Mandamus

5.Quo-warranto



According to Article 102(2)(a)

Any aggrieved person can file the following writ at High Court Division -


1) Prohibition, Mandamus


2) Certiorari


According to Article 102(2)(b)

Any person can file the following writ at High court Division


i) Habeus Corpus

ii) Quo



Writ

by Fahad Hridoy -

 Writ is written  document from remedial right of the people of a welfare state for the purpose of enforcement and implementation of substantive law, where there has been an infringement of their fundamental rights.

Types of the writ

The Constitution of Bangladesh indicates towards following kinds of writs, namely-

• Habeas corpus

• Certiorari

• Prohibition

• Mandamus &

• Quo-Warranto.

Writ of Certiorari

The term certiorari means 'to be certified' or 'to be more fully informed of. Initially, certiorari was a judicial writ. However, with time, gradually the jurisdiction of this writ was enlarged to the field of judicial, quasi-judicial and even administrative functions. This writ power has empowered the High Court Division of the Supreme Court to control the action of the inferior or subordinate courts, i.e. whether the subordinate courts in Bangladesh are functioning within their jurisdiction or in excess of their jurisdiction.

Writ of Prohibition


Prohibition means 'prohibit' which is a preventive writ. It authorizes the High Court Division to prohibit the court, tribunal, authority or person from doing, what s/he or it is not permitted by law to do. A writ of prohibition lies where there is the absence of jurisdiction or excess of jurisdiction, abuse of power or violation of the principle of natural justice.

Writ of Mandamus

Mandamus means 'command'. This writ is one of the most popular, valuable and essential remedies in the administration of justice. The superior court, i.e. High Court of the Supreme Court, through this writ gives the command to require any person, corporation, inferior court or government to do some particular which is related to his/her or its public duty and in certain cases of statutory duty, imposed upon him/her, them or it by the constitution or by any other law.


Writ

by Nadia Sultana(213-26-419) -

Writ is a very important legal remedial right of the people of a welfare state for the purpose of enforcement and implementation of substantive law, where there has been an infringement of their fundamental rights.

Types of the writ

The Constitution of Bangladesh indicates towards following kinds of writs, namely-

• Habeas corpus

• Certiorari

• Prohibition

• Mandamus &

• Quo-Warranto.

Writ of Certiorari

The term certiorari means 'to be certified' or 'to be more fully informed of. Initially, certiorari was a judicial writ. However, with time, gradually the jurisdiction of this writ was enlarged to the field of judicial, quasi-judicial and even administrative functions. This writ power has empowered the High Court Division of the Supreme Court to control the action of the inferior or subordinate courts, i.e. whether the subordinate courts in Bangladesh are functioning within their jurisdiction or in excess of their jurisdiction.

Writ of Prohibition


Prohibition means 'prohibit' which is a preventive writ. It authorizes the High Court Division to prohibit the court, tribunal, authority or person from doing, what s/he or it is not permitted by law to do. A writ of prohibition lies where there is the absence of jurisdiction or excess of jurisdiction, abuse of power or violation of the principle of natural justice.

Writ of Mandamus

Mandamus means 'command'. This writ is one of the most popular, valuable and essential remedies in the administration of justice. The superior court, i.e. High Court of the Supreme Court, through this writ gives the command to require any person, corporation, inferior court or government to do some particular which is related to his/her or its public duty and in certain cases of statutory duty, imposed upon him/her, them or it by the constitution or by any other law.



writ

by munna hasan joy -

Writ means written document by which one is summoned to do or refrain from doing something.


Classification of writ: 


1. Habeas corpus


2. Certiorari


3. Prohibition


4. Mandamus


5. Quo-warranto



According to Article 102(2)(a)


Any aggrieved person can file the following writ at High Court Division -


i) Prohibition, Mandamus


ii) Certiorari


According to Article 102(2)(b)


Any person can file the following writ at High court Division


i) Habeus Corpus


ii) Quo


It is worth mentioning here that the prior condition to file a writ is when a fundamental right is violated provided under Article 26-47 of the constitution and no other efficacious remedy is available in the lower cour


Writ

by Sadik Kallol(221-26-473) -

 which one is summoned to do or refrain from doing something.


Classification of writ: 


1. Habeas corpus


2. Certiorari


3. Prohibition


4. Mandamus


5. Quo-warranto



According to Article 102(2)(a)


Any aggrieved person can file the following writ at High Court Division -


i) Prohibition, Mandamus


ii) Certiorari


According to Article 102(2)(b)


Any person can file the following writ at High court Division


i) Habeus Corpus


ii) Quo


It is worth mentioning here that the prior condition to file a writ is when a fundamental right is violated provided under Article 26-47 of the constitution and no other efficacious remedy is available in the lower court


Writ

by Mahjabin Mahi -

Writ means written document by which one is summoned to do or refrain from doing something.


Classification of writ: 


1. Habeas corpus


2. Certiorari


3. Prohibition


4. Mandamus


5. Quo-warranto



According to Article 102(2)(a)


Any aggrieved person can file the following writ at High Court Division -


i) Prohibition, Mandamus


ii) Certiorari


According to Article 102(2)(b)


Any person can file the following writ at High court Division


i) Habeus Corpus


ii) Quo


It is worth mentioning here that the prior condition to file a writ is when a fundamental right is violated provided under Article 26-47 of the constitution and no other efficacious remedy is available in the lower court.

Writ

by Mohibul haque -

BLC%20logo.png

Discussion Forum

Done: View Done: Start discussions: 1 To do: Post replies: 1 Done: Make forum posts: 1

What you have understood from today's class ?




Picture of Mohibul haque

Writ

by Mohibul haque - Wednesday, 17 May 2023, 11:31 AM

 5 types of writ 

1. Habeas corpus 

2.Mendamus

3.prohibition 

4.certiorari 

5.Quo -warranto


Discuss this topic  (0 replies so far)
Picture of Md.Naimul Islam

Writ

by Md.Naimul Islam - Wednesday, 17 May 2023, 11:15 AM


According to Article 102(2), there are two types of persons who can file a writ at High Court Division, namely-

a. Any aggrieved person(direct relation) can file the following writ under Article 102(2)(a),

i) Prohibition, Mandamus

ii) Certiorari

b. Any person(indirect relation) can file the following writ under the Article102(2)(b),

i) Habeus Corpus

ii) Quo Warranto




Discuss this topic  (0 replies so far)
Picture of alamin 213-26-452

Writ

by alamin 213-26-452 - Wednesday, 17 May 2023, 11:09 AM



Writ means written document by which one is summoned to do or refrain from doing something.

Classification of writ: 

1. Habeas corpus

2. Certiorari

3. Prohibition

4. Mandamus

5. Quo-warranto


According to Article 102(2)(a)

Any aggrieved person can file the following writ at High Court Division -

i) Prohibition, Mandamus

ii) Certiorari

According to Article 102(2)(b)

Any person can file the following writ at High court Division

i) Habeus Corpus

ii) Quo

It is worth mentioning here that the prior condition to file a writ is when a fundamental right is violated provided under Article 26-47 of the constitution and no other efficacious remedy is available in the lower court.

Discussion Forum

Done: View Done: Start discussions: 1 To do: Post replies: 1 Done: Make forum posts: 1

What you have understood from today's class ?




Picture of Mohibul haque

Writ

by Mohibul haque - Wednesday, 17 May 2023, 11:31 AM

 5 types of writ 

1. Habeas corpus 

2.Mendamus

3.prohibition 

4.certiorari 

5.Quo -warranto


Discuss this topic  (0 replies so far)
Picture of Md.Naimul Islam

Writ

by Md.Naimul Islam - Wednesday, 17 May 2023, 11:15 AM


According to Article 102(2), there are two types of persons who can file a writ at High Court Division, namely-

a. Any aggrieved person(direct relation) can file the following writ under Article 102(2)(a),

i) Prohibition, Mandamus

ii) Certiorari

b. Any person(indirect relation) can file the following writ under the Article102(2)(b),

i) Habeus Corpus

ii) Quo Warranto




Discuss this topic  (0 replies so far)
Picture of alamin 213-26-452

Writ

by alamin 213-26-452 - Wednesday, 17 May 2023, 11:09 AM



Writ means written document by which one is summoned to do or refrain from doing something.

Classification of writ: 

1. Habeas corpus

2. Certiorari

3. Prohibition

4. Mandamus

5. Quo-warranto


According to Article 102(2)(a)

Any aggrieved person can file the following writ at High Court Division -

i) Prohibition, Mandamus

ii) Certiorari

According to Article 102(2)(b)

Any person can file the following writ at High court Division

i) Habeus Corpus

ii) Quo

It is worth mentioning here that the prior condition to file a writ is when a fundamental right is violated provided under Article 26-47 of the constitution and no other efficacious remedy is available in the lower court.


Writ

by Md.Naimul Islam (213-26-412) -


According to Article 102(2), there are two types of persons who can file a writ at High Court Division, namely-

a. Any aggrieved person(direct relation) can file the following writ under Article 102(2)(a),

i) Prohibition, Mandamus

ii) Certiorari

b. Any person(indirect relation) can file the following writ under the Article102(2)(b),

i) Habeus Corpus

ii) Quo Warranto




Writ

by alamin 213-26-452 -



Writ means written document by which one is summoned to do or refrain from doing something.

Classification of writ: 

1. Habeas corpus

2. Certiorari

3. Prohibition

4. Mandamus

5. Quo-warranto


According to Article 102(2)(a)

Any aggrieved person can file the following writ at High Court Division -

i) Prohibition, Mandamus

ii) Certiorari

According to Article 102(2)(b)

Any person can file the following writ at High court Division

i) Habeus Corpus

ii) Quo

It is worth mentioning here that the prior condition to file a writ is when a fundamental right is violated provided under Article 26-47 of the constitution and no other efficacious remedy is available in the lower court.


Writ

by Shadman Toki (221-26-504) -

According to Article 102(2), there are two types of persons who can file a writ at High Court Division, namely-

a. Any aggrieved person(direct relation) can file the following writ under Article 102(2)(a),

i) Prohibition, Mandamus

ii) Certiorari

b. Any person(indirect relation) can file the following writ under the Article102(2)(b),

i) Habeus Corpus

ii) Quo Warranto


Writ

by Abdullah AL Jobayer 221-26-474 -

Definition of Writ                                                                                                     

Writ means a written document by which one is summoned or required to do or refrain from doing something

 

Classification of Writs

 (I).Habeas Corpus

(II).Certiorari

(III).Prohibition

(IV).Mandamus

(V).Quo Warranto

 

(I). Writ of Habeas Corpus                                                                

Habeas Corpus means 'have his body' i.e.to have the body before the Court. So it is a kind of order of the Court that commands the authorities holding an individual in custody to bring that person before Court. The authorities must then explain in the Court why the person is being held.

The High Court Division, on the application of any person, directs that a person in custody be brought before it to satisfy itself as to whether he is being held in custody with or without lawful authority. If the Court finds that he is being illegally held in custody by the authority, it then can declare the same to be without lawful authority.

 

(II). Writ of Mandamus                                                                         

Mandamus means 'we command'. By writ of mandamus, the superior court directs any person, corporation, lower court or government to do something, specified therein, which pertains to his or their office and is in the nature of a public duty. This writ is issued when the lower tribunal has declined to exercise jurisdiction vested in it or any public authority declined to do what he is required by law to do.

 

(III). Writ of prohibition                                                                      

Prohibition  means 'to forbid' from doing something. In other words, it is a writ issued by the superior court to a lower court, tribunal or administrative authority prohibiting it from doing something which it is not authorized by law to do.15                                                Prohibition is a preventive writ and issued to stop illegal exercise of power of jurisdiction to the detriment of any legal right of a person.

 

(IV). Writ of Certiorari

Certiorari means 'be certified' of the proceedings of any lower court or tribunal to be investigated by the superior court. Records of any pending or concluded proceedings before any authority or court including a tribunal can be called for by the High Court Division of the Supreme Court of Bangladesh for its examination as to the legality or otherwise of the said proceedings.

In a writ of certiorari, superior court interferes when the lower court or tribunal acts without any jurisdiction or in excess of its existing jurisdiction or in cases where it fails to exercise its jurisdiction - for example, when it decides a case without giving an opportunity to the parties to be heard or violates the principle of natural justice or if there is an error apparent on the face of the record of such proceedings.

 

(V).Writ of Quo Warranto                                                            

Quo Warranto means 'by what warrant or authority'. Writ of quo warranto is a judicial order issued by the High Court by which any person who occupies or franchise or liberty is asked to show by what right he claims it, so that the title to the officer, franchise or liberty may be settled and any unauthorized person ousted.

This Writ of Quo warranto is issued to show by what authority a person is holding or purporting to hold a public office. The High Court Division can enquire into the legality of the claim of a party to an office. A writ of quo-warranto may be applied at the instance of any person even who has no personal or special interest. A stranger can also file such a writ petition.

 

 

 

 

 

 

 

 

 

 

 

 

Powers of High Court Division to issue certain orders and directions, etc            

102. (1) The High Court Division on the application of any person aggrieved, may give such directions or orders to any person or authority, including any person performing any function in connection with the affairs of the Republic, as may be appropriate for the enforcement of any of the fundamental rights conferred by Part III of this Constitution.

 

(2) The High Court Division may, if satisfied that no other equally efficacious remedy is provided by law –

(a) on the application of any person aggrieved, make an order-

(i) directing a person performing any functions in connection with the affairs of the Republic or of a local authority,

to refrain from doing that which he is not permitted by law to do or to do that which he is required by law to do ; or

[Article 102(2) (a)(i) deals with the functions relating to the Writ of Mandamus as well as Writ of Prohibition]

(ii) declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or of a local authority, has been done or taken without lawful authority and is of no legal effect ; or

[Article 102(2) (a)(ii) is the provision relating to the Writ of Certiorari]


(b) on the application of any person, make an order-

(i) directing that a person in custody be brought before it so that it may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner ; or

[Article 102(2) (b) (i) is concerned with the Writ of Habeas Corpus]

(ii) requiring a person holding or purporting to hold a public office to show under what authority he claims to hold that office.

[102(2) (b) (ii) is concern with the Writ of Quo-Warranto]


writ

by Md.Shohibur Rahaman (213-26-430) Shohan -

According to Article 102(2), there are two types of persons who can file a writ at High Court Division, namely-

a. Any aggrieved person(direct relation) can file the following writ under Article 102(2)(a),

i) Prohibition, Mandamus

ii) Certiorari

b. Any person(indirect relation) can file the following writ under the Article102(2)(b),

i) Habeus Corpus

ii) Quo Warranto



Writ

by Tahmina Akter -


Writ
 means a written document by which HCD can issue an order to do something or abstain from doing something.

According to Article 102(2), there are two types of persons who can file a writ at HCD, namely-

a. Any aggrieved person(direct relation) can file the following writ under Article 102(2)(a),

i) Prohibition, Mandamus

ii) Certiorari

b. Any person(indirect relation) can file the following writ under the Article102(2)(b),

i) Habeus Corpus

ii) Quo Warranto


Writ

by Iqbal Hossain -

Writ means written document by which one is summoned to do or refrain from doing something.


Classification of writ: 


1. Habeas corpus


2. Certiorari


3. Prohibition


4. Mandamus


5. Quo-warranto

Writ

by Rownok Zahan -

According to Article 102(2), there are two types of persons who can file a writ at High Court Division, namely-

a. Any aggrieved person(direct relation) can file the following writ under Article 102(2)(a),

i) Prohibition, Mandamus

ii) Certiorari

b. Any person(indirect relation) can file the following writ under the Article102(2)(b),

i) Habeus Corpus

ii) Quo Warranto


Writ and types of writ

by Afsana akter 221-26-465 -

Writ means written document by which one is summoned to do or refrain from doing something.

Writ is a very important legal remedial right of the people of a welfare state for the purpose of enforcement and implementation of substantive law, where there has been an infringement of their fundamental rights.

Writ petition to the High Court Division of the Supreme Court as per the Constitution of the People’s Republic of Bangladesh under Article 102 of Bangladesh for its directions or orders on the matter for enforcement of fundamental rights.

The constitution of Bangladesh indicates towards following kinds of writs, 

namely-

1. Habeas Corpus

2. Certiorari

3. Prohibition

4. Mandamus 

5. Quo-Warranto.


Writ

by Mahdin Mohammad Jisan -

According to Article 102(2), there are two types of persons who can file a writ at High Court Division, namely-

a. Any aggrieved person(direct relation) can file the following writ under Article 102(2)(a),

i) Prohibition, Mandamus

ii) Certiorari

b. Any person(indirect relation) can file the following writ under the Article102(2)(b),

i) Habeus Corpus

ii) Quo Warranto


Writ

by Md.Naimul Islam (213-26-412) -


Writ means written document by which one is summoned to do or refrain from doing something.

Classification of writ: 

1. Habeas corpus

2. Certiorari

3. Prohibition

4. Mandamus

5. Quo-warranto


According to Article 102(2)(a)

Any aggrieved person can file the following writ at High Court Division -

i) Prohibition, Mandamus

ii) Certiorari

According to Article 102(2)(b)

Any person can file the following writ at High court Division

i) Habeus Corpus

ii) Quo

It is worth mentioning here that the prior condition to file a writ is when a fundamental right is violated provided under Article 26-47 of the constitution and no other efficacious remedy is available in the lower court.


Writ

by SANJID HASSAN RIFAT -

Writ means written document by which one is summoned to do or refrain from doing something.

Classification of writ: 

1. Habeas corpus

2. Certiorari

3. Prohibition

4. Mandamus

5. Quo-warranto


According to Article 102(2)(a)

Any aggrieved person can file the following writ at High Court Division -

i) Prohibition, Mandamus

ii) Certiorari

According to Article 102(2)(b)

Any person can file the following writ at High court Division

i) Habeus Corpus

ii) Quo

It is worth mentioning here that the prior condition to file a writ is when a fundamental right is violated provided under Article 26-47 of the constitution and no other efficacious remedy is available in the lower court.



writ

by Abdur Rahman -


According to Article 102(2)(a)

Any aggrieved person can file the following writ at High Court Division -

i) Prohibition, Mandamus

ii) Certiorari

According to Article 102(2)(b)

Any person can file the following writ at High court Division

i) Habeus Corpus

ii) Quo Warranto


Write

by sharmin akther ID: 213-26-417 -

Writ means a written document by which HCD can issue an order to do something or abstain from doing something.

According to Article 102(2), there are two types of persons who can file a writ at HCD, namely-

a. Any aggrieved person(direct relation) can file the following writ under Article 102(2)(a),

i) Prohibition, Mandamus

ii) Certiorari

b. Any person(indirect relation) can file the following writ under the Article102(2)(b),

i) Habeus Corpus

ii) Quo Warranto

It is worth mentioning here that the prior condition to file a writ is when a fundamental right is violated provided under Article 26-47 of the constitution and no other efficacious remedy is available in the lower court.


Writ

by Mahjabin Mahi -

Writ means written document by which one is summoned to do or refrain from doing something.

Classification of writ: 

1. Habeas corpus

2. Certiorari

3. Prohibition

4. Mandamus

5. Quo-warranto


According to Article 102(2)(a)

Any aggrieved person can file the following writ at High Court Division -

i) Prohibition, Mandamus

ii) Certiorari

According to Article 102(2)(b)

Any person can file the following writ at High court Division

i) Habeus Corpus

ii) Quo

It is worth mentioning here that the prior condition to file a writ is when a fundamental right is violated provided under Article 26-47 of the constitution and no other efficacious remedy is available in the lower court.





Writ

by Sanzida rahman Any -


Writ 
means a written document by which HCD can issue an order to do something or abstain from doing something.

According to Article 102(2), there are two types of persons who can file a writ at HCD, namely-

a. Any aggrieved person(direct relation) can file the following writ under Article 102(2)(a),

i) Prohibition, Mandamus

ii) Certiorari

b. Any person(indirect relation) can file the following writ under the Article102(2)(b),

i) Habeus Corpus

ii) Quo Warranto

It is worth mentioning here that the prior condition to file a writ is when a fundamental right is violated provided under Article 26-47 of the constitution and no other efficacious remedy is available in the lower court.






Writ

by Happy Akter -

According to Article 102(2)(a)

Any aggrieved person can file the following writ at High Court Division -

i) Prohibition, Mandamus

ii) Certiorari

According to Article 102(2)(b)

Any person can file the following writ at High court Division

i) Habeus Corpus

ii) Quo Warranto


Writ

by Abu Sazal Emam -

Today's class discussion about Writ

 

Writ means a written document by which one is summoned or required to do or refrain from doing something.

 

Fundamental rights violated ---direct Writ---Article 102 ---- Original Jurisdiction.(102+44 article)

1. Habeas corpus:

2. Certiorari 

3. Prohibition

4. Mandamus

5. Quo Warranto 

 

 

 

# Article --102 :::::

 

(1)

 

* Who can do ? Application/ writ -- any person aggrieved

* Where? -- in HCD 

* How ? -- Through application

* Against whom ? -- any person/ authority/any person of Republic

* Judgement?-- Which court think fit ( Huge power of HCD)

* For which ?-- for ensuring human rights 

* When ?—

·       when fundamental rights violated

·       no other equally efficacious remedy is provided by law

 

 

 

 

(2) 

* When there have no alternative remedy --writ --in HCD 

#102 (2) (a) (i) - Mandamus 

#102(2) (a) (i)  -Prohibition

#102 (2) (a) (ii) - Certiorari

#102 (2) (b) (i) - Habeas Corpus

#102 (2) (b) (ii) - Quo Warronto

 

# aggrieved person writ:::

 

  * Prohibition

  * Certiorari

  * Mandamus 

 

# any person writ:::

·       Habeas Corpus

·       Quo Warronto


Reasons behind the origin of writs

by Rokibul Islam 221-26-491 -

Though the development of the common law courts in various forms had also been constant, but the origin of writ court had a specific reason. The jurisdiction of common law was more or less static. It did not recognize rights except those already prevalent and admitted by it.
uSimilarly, common law courts worked under a prescribed procedure with many limitations on it. Its forms, under which rights were to be enforced, were fixed and limited. Thus, there had been number of cases, which did not fall under any of the fixed remedies and so these cases remained beyond the jurisdiction of the common law courts. In such cases, these courts were powerless to grant relief.

Writ

by A. M. Kawsar(213-26-418) -


Writ 
means a written document by which HCD can issue an order to do something or abstain from doing something.

According to Article 102(2), there are two types of persons who can file a writ at HCD, namely-

a. Any aggrieved person(direct relation) can file the following writ under Article 102(2)(a),

i) Prohibition, Mandamus

ii) Certiorari

b. Any person(indirect relation) can file the following writ under the Article102(2)(b),

i) Habeus Corpus

ii) Quo Warranto

It is worth mentioning here that the prior condition to file a writ is when a fundamental right is violated provided under Article 26-47 of the constitution and no other efficacious remedy is available in the lower court.