Writ of certiorari preserves supervisory jurisdiction and corrects jurisdictional excess while not functioning as an appeal. A writ of certiorari is a high prerogative remedy by which a superior court supervises inferior judicial or quasi judicial bodies and annuls actions taken ... Summary
Writ of certiorari preserves supervisory jurisdiction and corrects jurisdictional excess while not functioning as an appeal.
A writ of certiorari is a high prerogative remedy by which a superior court supervises inferior judicial or quasi judicial bodies and annuls actions taken without or in excess of jurisdiction or where an error of law is apparent on the face of the record. The superior court does not function as an appellate tribunal and will not re weigh evidence, but certiorari lies where the inferior authority acts illegally or violates principles of natural justice. The remedy is discretionary and may be moulded to achieve substantial justice and public interest.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.