Writ of Certiorari
Om Prakash Dhusia
(Querist) 30 January 2011
This query is : Resolved
Hi, learneds, there is a concept of CERTIORARI applied in the criminal jurisprudence.Is it applicable in the Indian Courts?Kindly opine.
Guest
(Expert) 30 January 2011
Not only in criminal side but also in all civil related matters(judicial, tribunal, revenue, public authority exercising judicial capacity, administration of justice etc.)
This is one form of writ which can be issued combined with/modified with other writs in order to render justice by the Indian Highcourts and Supreme court.
writ of certiorari means "to show, prove, or ascertain". which currently means an order by a higher court directing a lower court, tribunal, or public authority to send the record in a given case for review.
Guest
(Expert) 30 January 2011
A WRIT PETITION FOR WRIT OF CERTIORARI CAN BE FILED IN THE HIGH COURT IN INDIA FOR GETING PRAYERS ALLOWED.
Ajay Bansal
(Expert) 30 January 2011
Agreed with both aforesaid experts.
Kirti Kar Tripathi
(Expert) 30 January 2011
If any lower court or a tribunal gives its decision but based on wrong jurisdiction, the effected party can move this writ for a direction against such lower court or tribunal or quasi judicial body or administrative body to ignore such decisions based on wrong jurisdiction. The writ of certiorari issued to subordinate judicial or quasi- judicial body when they act:
