The above question is wandering my mind for ages .I wondered when I , first time , saw the prayer in medical student batch cases .In that case they seeking for the prayer that "Writ of Declaration ".
Obviously , our constitution did not contained the writ of declaration . Whether we able to seek for the writ which is not provided any where in constitution ? Whether advocate can create the writ ? whether we may able to declare the Writ of Declaration as Writ ? Needless to say relief of declaration is available in Specific Relief Act .
Indeed , we may get the such kind of relief by way of ''Writ of Certiorari ''.
On the other hand Art.226 provide the relief in the sense 'or any of them '. By the language of Art 226 ,we may come to the conclusion that High Court may provide the any other relief apart from five Writs . It is noteworthy that Art 32 did not contain such option .But , flagrantly ,it is discretionary of the court . At length , court can provide the relief apart from Five Writs. But we cannot sought for .
I goggled that when it is emerged , how is it become possible ? Despite i am not able to conclude . O...... my....legal luminaries ! help me ....!
Obviously , our constitution did not contained the writ of declaration . Whether we able to seek for the writ which is not provided any where in constitution ? Whether advocate can create the writ ? whether we may able to declare the Writ of Declaration as Writ ? Needless to say relief of declaration is available in Specific Relief Act .
Indeed , we may get the such kind of relief by way of ''Writ of Certiorari ''.
On the other hand Art.226 provide the relief in the sense 'or any of them '. By the language of Art 226 ,we may come to the conclusion that High Court may provide the any other relief apart from five Writs . It is noteworthy that Art 32 did not contain such option .But , flagrantly ,it is discretionary of the court . At length , court can provide the relief apart from Five Writs. But we cannot sought for .
I goggled that when it is emerged , how is it become possible ? Despite i am not able to conclude . O...... my....legal luminaries ! help me ....!
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