Q: Explain the writ of Prohibition and Writ of Certiorari ?

Ans: There is a very little difference between writ of Prohibition and  writ of certiorari.

We all have heard the statement ' Prevention is better than cure'.Here Prevention is Prohibition and Cure is Certiorari.

Certiorari means to be certified. Using this Writ, the High Court and Supreme Court can order the lower Court to submit their records for review. In review, it was seen if the judgements of lower Court are legal or not.

Sections 96 to 112 and Orders 41 to 45 of the Civil Procedure Code, 1908 contain provisions relating to appeals.

Review is mentioned in section 114 and order 47 of civil procedure code, 1908. 

Revision is mentioned in section 115 of civil Procedure Code, 1908.

High Courts can still review their own judgment even if the SLP is rejected by the Supreme Court. Supreme Court has also clarified that it will not make any difference whether the review petition was filed before the filing of a special leave petition or was filed after the dismissal of a special leave petition.

The judgements of lower Court can be illegal in case of excess of jurisdiction, lack of jurisdiction, Jurisdiction is unconstitutional and violation of the principles of National Justice.

If the judgements of lower Court are found to be illegal, the judgements are quashed which means that the judgment has no value now and is not to be followed.

There are two citations here: 

1. Gullapalli Nageshwar Rao V. APSRTC, 1959 AIR 308 1959.

2. A.K. Kraipak V. Union of India, 1969

Both these cases are related to the Writ of Certiorari.

 In both of these cases, the judgement of lower Court was held to be illegal and therefore quashed.

 Writ of Prohibition: If we want to prevent the mistake before the judgement,  we would use the Writ of Prohibition. Prohibition means to forbid. So, Prohibition is used, until the lower Court has pronounced the judgement.Once the lower Court pronounced the judgement and the judgement was found to be illegal, a petitioner can use Writ of Certiorari for it.


 


Comments

Post a Comment

Popular posts from this blog

Consumer Protection Amendment Bill of 2018 ?

Ans:  The pecuniary jurisdiction of the Commissions– this Bill proposes to change the pecuniary jurisdiction of the commissions to Rs 1 crore for District Forum; between Rs 1 crore and 10 crores for State Commission; and above Rs 10 crores for National Commission. Penalties– the Bill proposes a change in the penalty i.e. imprisonment up to three years or fine not less than Rs 25,000 which can be extended to Rs one lakh or both.
Read more

Q: What are the rights of an advocate ?

Ans: In India, the law that governs advocates is the Advocates Act, 1961. An advocate has the ‘right to practice’ guaranteed by Article 19(1)(g) of the Indian Constitution and Section 30 of the Advocates Act . Pre-audience in general terms means the right to be heard before others. In India, Right to Pre-audience is provided under Section 23 of the Advocates Act, 1961. Section 11 provides that “No Police Officer shall arrest an Advocate and/or investigate a case  against an Advocate without the specific order of the Chief Judicial Magistrate in conformity with Advocate Protection Bill, 2021.  An advocate also has many other rights such as the right to pre-audience, fee, meet client in jail, enter any court, not get arrested etc. Advocates have several duties towards both their clients and the Court. Towards the clients, the advocates have a lot of duties including accepting briefs, making honest disclosures, giving best legal advice, maintaining confidentiality, giving update...
Read more