Dear All,
What is writ of certiorari in india ????
thax for elobrate in brief
Rahul tannk
writ of certiorari in india ???????????
RAHUL KUMAR TAANK (CS PURSUING ) (672 Points)
03 November 2010
4 Replies
vardan sharma
(Company secretary)
(160 Points)
Replied 12 November 2010
|
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
Raghav Toshniwal
(student)
(450 Points)
Replied 12 November 2010
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
RENGARAJ R.K
(ADVOCATE)
(7557 Points)
Replied 02 May 2011
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
RENGARAJ R.K
(ADVOCATE)
(7557 Points)
Replied 02 May 2011
The second line is to be read as "inferior courts" and not as interior courts.
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