writ of certiorari in india ???????????

CS 3352 views 4 replies

Dear All,

What  is writ of  certiorari in india ????

thax for elobrate in brief

Rahul tannk

Replies (4)

 

Certiorari

Meaning

Quashing any order

Issued to

Any body of persons having legal authority

Action

High court to quash a decision that goes beyond its jurisdiction

Excerpt from Commerce Academy GCL book

agreed with Mr. verdan...

Moreover i want to add that, all High Courts of  India can issue writ of certiorary throughout their territorial jurisdiction where the subordinate judicial authority acts in excess of jurisdiction , or commits an error apparant on face of record, or acts in contravention of rules of natural justice...

If any more query u have, please let me know..

REGARDS

RAGHAV

Writ of certiorari is a corrective remedy whereby it investigates and decides the legality of the orders passed by interior courts.  It is an order to the lower court to transmit the records of a case or matter pending before it so that it is decided the Superior Court.  If an order is a violation of natural justice or without jurisdiction, then it will be quashed by an order of certiorari.  This writ is issued by superior court in the exercise of its supervisory functions and NOT in the exercise of its appellate function.

 

rengaraj.r.k

The second line is to be read as "inferior courts" and not as interior courts.


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