Wednesday, 27 February 2013

CERTIORARI - certification by supreme court

It is a writ available to the parties of the case after then case gets over a particular decision.

OBJECT: to quash the orders given by the trail courts. on the supreme court has this authority .
 TO WHOM: judicial or quasi judicial authorities.

1. someone does a tribunal act without any jurisdiction.
2. Principle of nature of justice is not followed
3. any biased decision has been made.
4. decision is obtained by fraud or corruption.
5. error of law.

when any case which has already been decided only then certiorari is issued. in this the supreme court certifies the decision given by lower court on the matter. Supreme can send the orders to any judge to collect all the documents of the case and that has to be deposited before the supreme court to take a following decision.
Supreme court can order for a QUASH-cancel of the orders or decision made by the courts which would nullify the effect of the decision earlier made, and hence be held as NULL AND VOID.

THIS IS NOT AN APPEAL TO SUPREME COURT. IT IS A WRIT where all the procedure of case will be done again without any bias.


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