The Writ of Certiorari is issued by the Supreme Court to some inferior court or tribunal to transfer the matter to it or to some other superior authority for proper consideration. The Writ of Certiorari can be issued by the Supreme Court or any High Court for quashing the order already passed by an inferior court.

Remand: The process by which a higher court (such as the Supreme Court) sends a case back to a lower court.

A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case.

There are five types of Writs- Habeas Corpus, Certorari, Prohibition Mandamus and Quo Warranto Article 32 and 226 of the constitution of India has designed for the enforcement of fundamental rights and for a judicial review of administrative actions, in the form of writs.

The jurisdiction to issue ‘prerogative writs’ is given to the Supreme Court, i.e., the Apex Court of India, under Article 32 of the Constitution for enforcement of Fundamental Rights and under Articles 139 for enforcement of rights other than Fundamental Rights; and to the High Courts of Judicature of all Indian states …

A prerogative writ is a writ (official order) directing the behavior of another arm of government, such as an agency, official, or other court. It was originally available only to the Crown under English law, and reflected the discretionary prerogative and extraordinary power of the monarch.

As an order passed by him under Section 45(3), Criminal P. C. has been held to be not a judicial order, it can only be an administrative order, 4. No writ of certiorari can be issued against administrative or executive orders.

What are the different writs enshrined in the Constitution?

This writ can be filed by the detained person himself or his relatives or friends on his behalf. It can be issued against both public authorities and individuals.

It states that the Supreme court can issue 5 types of writs habeas corpus, mandamus, prohibition, quo warranto, and certiorari, for the enforcement of any fundamental rights given under Part III of the constitution.

There are five types of Writs – Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo warranto.

Under Article 226, a High Court is empowered to issue directions, orders or writs, including writs in nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, for the enforcement of a Fundamental Right and for any other purpose.

PIL is writ only but PIL means litigation in the interest of public and not in the interest of the litigant. The writ petition should involve a question, which affects public at large or group of people, and not a single individual. Only the effected /Aggrieved person can file a writ petition.

Provision for Fighting One’s Own Case as per Advocate’s Act. Section 32 of the Advocate’s Act clearly mentions, the court may allow any person to appear before it even if he is not an advocate. Therefore, one gets the statutory right to defend one’s own case through Advocate Act in India.

A PUBLIC INTEREST LITIGATION can be filed only against a State / Central Govt., Municipal Authorities, and not any private party. However “Private party” can be included in the PUBLIC INTEREST LITIGATION as “Respondent”, after making concerned state authority, a party.

Yes, a writ petition filed by the aggrieved person, whether on behalf of group or together with group can be treated as a PUBLIC INTEREST LITIGATION however, Only the effected / Aggrieved person can file a writ petition. …

Public interest litigation can help the poor in the following ways: It can seek to protect the fundamental rights and better the living conditions of the poor. It can allow public spirited citizens, social organisations and lawyers to file cases on behalf of those who cannot approach the courts.

v. M/s Abdulbhai Faizullabhai

Special Leave petition [SLP] is also a constitutional remedy. Under this jurisdiction, the Supreme Court may in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.

Conclusion: Special leave petition or SLP holds a prime place in the Indian judicial system and has been provided as a “residual power” in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved or gross injustice has been done.

Special Leave Petition Special Leave Petitions in India (SLP) holds a prime place in the Judiciary of India, and has been provided as a “residual power” in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done.

SLP is a petition seeking special permission (leave) from Supreme Court to appeal against a judgment passed in any of the lower courts or tribunals in India. SLP is not an appeal but a petition filed for an appeal. The Supreme Court may accept or reject the same.

Meaning and Concept of Special Leave Petition (SLP) Under this, the aggrieved party is provided a special permission to be heard in Apex Court in appeal against the order or judgment of any court or tribunal in the territory of India. This is not an appeal but a petition filed for an appeal.

speech-language pathologist

SLP (Special Leave Petition) means the aggrieved party takes special permission to be heard in Supreme Court against the judgment given by the appeals court generally Supreme Court and sometimes Tribunals. If the permission is granted then the Special Leave Petition is automatically converted into an appealing matter.

ARTICLE-135 : JURISDICTION AND POWERS OF THE FEDERAL COURT UNDER EXISTING LAW TO BE EXERCISABLE BY THE SUPREME COURT:- Dr. Article 135 confers on the Supreme Court all the powers and jurisdiction of the Federal Court only in matters to which Article 133 or Article 134 does not apply.