Can a writ of certiorari be filed to quash a mortgage not created by me or created against me by fraud and misuse of authority?
Manikantan (junior) 30 January 2011
Can a writ of certiorari be filed to quash a mortgage not created by me or created against me by fraud and misuse of authority?
Swami Sadashiva Brahmendra Sar (Nil) 31 January 2011
No. Writ of certiorary is issued for quashing an order passed by a lower tribunal or court.
Manikantan (junior) 01 February 2011
Sir can the writ not be maintained against a public sector bank
Amit Pateria (Advocate & Consultant (Law) Supreme Court of India New Delhi) 20 February 2011
Yes. A writ petition is maintainable against Public Sector Banks. However with regards to your previous query related to Writ of certiorari is concerned, it is issued by the superior court/s if the law under which the decision was given is void, if the decision itself violates a fundamental law, or is without jurisdiction or is against the principles of natural justice, etc.
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