GENERAL KNOWLEDGE

GK

RTI ACT 2005

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
What does the writ of Certiorari mean?
A
it is issued when an office holder is found to misuse his duties
B
it is issued when the court finds that the office holder is illegally holding that position
C
it is issued by higher courts when they find that lower courts have made judgments beyond their powers of jurisdiction
D
it is issued when a court wants to order a lower court or similar authority to transfer some matter pending before it to other courts or other authorities
Explanation: 

Detailed explanation-1: -Certiorari is a curative writ. When the Court is of the opinion that a lower court or a tribunal has passed an order which is beyond its powers or committed an error of law then, through the writ of certiorari, it may transfer the case to itself or quash the order passed by the lower court or tribunal.

Detailed explanation-2: -The literal meaning of the writ of ‘Certiorari’ is ‘To be certified’ or ‘To be informed.’ This writ is issued by a court higher in authority to a lower court or tribunal ordering them either to transfer a case pending with them to itself or quash their order in a case.

Detailed explanation-3: -certiorari, also called cert, in common-law jurisdictions, a writ issued by a superior court for the reexamination of an action of a lower court. Certiorari also is issued by an appellate court to obtain information on a case pending before it.

Detailed explanation-4: -"(1) ‘Certiorari’ will be issued for correcting errors of Jurisdiction, as when an inferior Court or Tribunal acts without jurisdiction or in excess of it, or fails to exercise it.

Detailed explanation-5: -It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case.

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