Powered by OpenAIRE graph
Found an issue? Give us feedback
addClaim

This Research product is the result of merged Research products in OpenAIRE.

You have already added 0 works in your ORCID record related to the merged Research product.

Writ of Certiorari and Right to Legal Remedy

Authors: Shivnath Tripathi;

Writ of Certiorari and Right to Legal Remedy

Abstract

A writ of Certiorari can be issued for correcting errors of jurisdiction committed by inferior courts or tribunals; where orders are passed by inferior courts or tribunals without Jurisdiction, or is in excess of it, or as a result of failure to exercise jurisdiction. The whole object of a writ of certiorari is to bring up the records of the inferior court or other quasi judicial body for examination by the superior court so that the latter may be satisfied that the inferior court or the quasi judicial body has not gone beyond its jurisdiction and has exercised its jurisdiction within the limits fixed by the law. The supervision of the High Court through certiorari is on two points: one is jurisdiction and other is the observance of law in the course of exercise of power. But the High Court cannot issue certiorari by entering upon the merits of the controversial facts. This would be the cloak of appeal in disguise. However right to legal remedy under certiorari is a fundamental right and on several occasions it has been held that writ of certiorari has been issued despite the fact that the aggrieved party had other adequate legal remedies. This paper explores to find out as whether writ of certiorari is available when right to appeal or alternate remedy exists.

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Related to Research communities
Upload OA version
Are you the author of this publication? Upload your Open Access version to Zenodo!
It’s fast and easy, just two clicks!