Writ Of Certiorari

If any lower court or a tribunal gives its decision but based on wrong jurisdiction, the effected party can move this writ to a higher court like Supreme Court or High Court. The writ of certiorari issued to subordinate judicial or quasi- judicial body when they act:

  • Without or in excess of jurisdiction;

  • In violation of the prescribed procedure;

  • In contravention of principles of natural justice;

  • Resulting in an error of law apparent on the face of record.

The writs of prohibition and certiorari are of the same nature, the only difference being that the writ of prohibition is issued at an earlier stage, before the order is made and the writ of certiorari is available on a later stage i.e. after the order has been passed.

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