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Sno Type of WRIT

Literally

HABEAS CORPUS "To have the body of"


1

Order issued by the court to a person who has


Public Authorities,
detained another person, to produce the body of
Private Individuals
Latter

CannOt be issued
When Detention is Lawful.
Proceeding is for contempt of court
Detention is by a competent court
Detention is outside the jurisdiction of court
Private Individual or body
Enforcing Departmental Instrunction that doesnt
possess statutory force
When Duty is DISCRETIONARY
Agnst President Or Governor
Agnst CJ f HC acting in judicial capacity

MANDAMUS

"WE COMMAND"

Command issued by COURT to a public official


asking him to perform his official duties that he
has failed to perform.

PROHIBITION

"TO FORBID"

Issued by a Higher Court to a Lower court if the


latter exceeds its jurisdiction.

Judicial & Quasi Judicial authorities

Admve Authorities,
Private Individuals,
Legislative Bodies

Judicial & Quasi Judicial authorities


Admve Authorities (SC Judgement)

Private Individuals,
Legislative Bodies

CERTIORARI

"TO BE CERTIFIED" or
"TO BE INFORMED"

4
5

Can be issued agnst

Public Authorities,
Corporation
An Inferior Court
A Tribunal or govt

2
3

Meaning

QUO WARRANTO "BY WHAT AUTHORITY OR WARRANT"

Issued by a Higher Court to a Lower court to - Transfer a case pending with the latter or
- Quash the order of Latter
ISSUED ON GROUNDS OF - Excess of Jurisdiction.
- Lack of Jurisdiction.
- Error of Law
To ensure that a person holding a public office is
qualified to do so.

Filed by any individual or Orgn & the principle of LOCUS STANDI doesnot apply

There are a few conditions which must be fulfilled for the grant of the writ of quo warranto in India:
The concerned office must be a government unit or public office which performs public duties. Examples of such
office members are advocate general, university officials, members of a municipal board.

The public office must have a real existence. It should be permanent and cannot be terminated.
A person against whom the writ of quo warranto is issued must have the real possession of the public office.
The writ shall be issued only when the public office is held by a particular person in an illegal manner.

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