Certiorari and Prohibition.

Intro:
Basically falls under common law remedies. They are prerogative writs which
mean an order that comes from the sovereign to an inferior tribunal or courts.
Certiorari:
Definition- is an order to quash a decision after it is made by the judicial/quasi
judicial body. An order for certiorari would be sought where a decision has been
made unlawfully and the decision should be set aside.
Writ can be issued against judicial as well as quasi- judicial body.
Grounds for issuance of Certiorari:
(a) Want or excess of jurisdiction. (Error of jurisdiction)
(b) Violation of procedure required to be followed.
(c) Violation of principle of natural justice.
(d) Error of law apparent on the face of the record. (Error of law)
Prohibition:
Definition- Prohibition is an order to a tribunal, public body or official requiring
it to stop from continuing with the proceedings any further. An order for
prohibition should be sought where a body has failed to exercise its jurisdiction
properly or failed to provide natural justice and its proceedings are continuing.
Issued against whom- Issued against body exercising judicial or quasi-judicial
powers.
Grounds for issuance-same like certiorari
Difference between certiorari & prohibition-Both writs look alike but there is
major difference between the two on the basis of stage at which they are
issued. Certiorari is issued when the body in question has completed its work,
disposed of matter and given its decision. Prohibition is issued when the body
concerned is still functioning and is seized of the matter and has not yet reached
its decision.
Both certiorari and prohibition application in Msia vested on Order 53
rule 3(6) Rules of Court 2012.