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WRIT REMEDIES
By
JUSTICE B P BANERJEE
Part I, of the work consists of XXII Chapters : Chapter I deals with the ‘Scope of Administrative Justice and the Scope of Judicial Review /Control of the actions of the authority. Chapter II explains separately the Scope of Article 32 and Article 226 of the Constitution, Chapter III specifies the Authorities against whom Writ would lie and the Authorities against whom Writ does not lie, Chapter IV contains Locus standi, Chapter V contains Alternative Remedy, Chapter VI contains Delay, Acquiescence and Estoppel, Chapter VII contains Suppression of Material Facts, Chapter VIII contains Public Law and Private Law, Chapter IX contains Mandamus, Chapter X contains Certiorari, Chapter XI contains Prohibition, Chapter XII contains Quo-Warranto, Chapter XIII contains Writ of Evocation, Chapter XIV contains Writ of Procedendo, Chapter XV contains the Writ of Habeas Corpus and the law of Preventive Detention in which the principle of law or Habeas Corpus and Preventive Detention have been elaborately discussed with case laws, Chapter XVI containing improved chapter on various grounds of judicial review available for obtaining relief under Public Law remedy. Author has tired to collect and defect various grounds of judicial review separately and to deal elaborately with the case laws of the Supreme Court and the English Courts as well as case laws of the American Courts extensively, Chapter XVII contains Intensity of Judicial Review, Chapter XVIII contains Practice and Procedure, Chapter XIX contains Judicial Review of Cases, Chapter XX contains Judicial Activism, Chapter XXI contains Public Interest Litigation, it has added a new dimension in the law of standing. The old concept of locus-standi has been liberalized. In this chapter the author has tried to find out the origin of this concept and various case laws of the Supreme Court of India as well as the English Courts and American Courts. The author has tried to incorporate the case laws topic wise alphabetically. In India the Public Interest Litigation play a very important role with regard to administrative inaction, misuse and abuse of power by the authorities. The Supreme Court’s role with a view to protecting environment and eradicating pollution has been highlighted as far as possible and Chapter XXII contains special chapter on What Rights do we have under the Constitution.
Part – II contains Guidelines for Drafting Writ Petitions-Check List & Model Petitions Part – III contains Relevant Extracts from Constitution of India
Part – IV contains The Constitution of the United States -1787 Part – V contains High Court Rules for Article 226 of the Constitution
(With a Special Chapter on Rights & Public Interest Litigation)
...Writ Remedies supplies a real and long-felt want, and is unique of its kind in India. A perusal of the book shows that the labour bestowed on it by the editors has not been spent in vain. Every page exhibits evidence of the industry, learning and judgment with which the work has been complied. Treatment of the subject requires as much legal acumen as treatment for any other branch of law. The author has given an exhaustive and analytical exposition of the law as laid down in judicial decisions with his own comments.”
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