Greek and Latin

By Vijay Kumar

- To be informed of

Broadly speaking, the writ certiorari have for their object to keep the inferior courts or Tribunals within their jurisdiction by restraining them exercising jurisdiction which does not vest in them and/or to correct errors apparent from the face of its record. Such writs could be issued not only to courts but to all authorities exercising judicial or quasi judicial functions. – Rajasthan High Court in an Anti Dumping case

In an appropriate case by exercise of a writ of certiorari under Article 226 of the Constitution, it exercises superintendence over all courts and tribunals throughout the territory. - Supreme Court in COMMISSIONER OF SALES TAX v SUPER COTTON BOWL REFILLING WORKS

The Writ of Certiorari cannot be issued when there is no order, either judicial or quasi-judicial. – Supreme Court

A writ of certiorari would be available not only where the impugned order infringes immediately enforceable rights but also where it is a step as a result of which legally enforceable right may be affected. – Supreme Court

The rule that before a writ of certiorari is claimed, an aggrieved party should exhaust the statutory remedies is one of convenience and not a rule of law. If the inferior tribunal has acted without, or patently in excess of, jurisdiction, or has conducted the proceeding before it in a manner contrary to the rules of natural justice, or offending the sense of justice and fairplay, the High Court would be competent to exercise its power to issue the prerogative writ of certiorari to correct the order of the court or tribunal, even if an appeal to a departmental authority or tribunal was open and the aggrieved party did not avail himself of that remedy.- Supreme Court