Professional Documents
Culture Documents
Literally
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"
PROHIBITION
"TO FORBID"
Admve Authorities,
Private Individuals,
Legislative Bodies
Private Individuals,
Legislative Bodies
CERTIORARI
"TO BE CERTIFIED" or
"TO BE INFORMED"
4
5
Public Authorities,
Corporation
An Inferior Court
A Tribunal or govt
2
3
Meaning
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.