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Which of the following writs/orders of the High Court / Supreme Court is sought to get an order of an authority quashed?
Mandamus
Certiorari
Quo Warranto
Habeas Corpus
Four important writes of India are: 1. Habeas Corpus 2. Mandamus 3.Prohibition 4. Certiorari 5. Quo Warranto! 1. Habeas Corpus: A writ of habeas corpus is in the nature of an order calling upon the person who has detained another, to produce the latter before the Court in order to let the Court know on what ground she/ he has been confined and to set him/her free if there is no legal justification for the imprisonment. 2. Mandamus: Mandamus literally means ‘we command.’ It commands the person, to whom it is addressed to perform some public or quasi-public legal duty which she/he has refused to perform and the performance of which cannot be enforced by any other adequate legal remedy. 3. Prohibition: The writ of prohibition is a writ issued by the Supreme Court or a High Court to an inferior court forbidding the latter to continue proceedings therein in excess of its jurisdiction or to usurp a jurisdiction with which, it is legally not vested. 4. Certiorari: The literal meaning of the word ‘certiorari’ is “to be more fully informed of”. Though prohibition and certiorari are both issued against Courts or tribunals exercising judicial or quasi-judicial powers, certiorari is issued to quash the order or decision of the tribunal while prohibition is issued to prohibit the tribunal from an ultra vires order or decision. 5. Quo Warranto: Quo warranto is a proceeding whereby the court enquires into the legality of the claim which a party asserts to a public office, and to oust him/her from its enjoyment if the claim is found to be fake or invalid.
By: MIRZA SADDAM HUSSAIN ProfileResourcesReport error
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