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Definition and Nature of Certiorari

By A. T. Markose

Published In

Air 1955

When an administrative action is ultra vires it can be controlled by certiorari and also by some other public law remedies. But where such an action involves a quasi-judicial element and has been reached violating the rules of natural justice or in reaching a decision the authority commits an error of law, certiorari is practically the main method of judicial control. This scope of certiorari has made it a very suitable method to control administrative tribunals. A consequence of the modern social service state has been the increase of administrative tribunal. Therefore the importance of ‘certiorari has also increased in recent years. Certiorari is historically an extraordinary legal remedy and is corrective in nature. It is issued in the form of an order by a superior court to any inferior civil tribunal which deals with the civil rights 1 of persons and which is a public authority 2 to certif ....

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