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Question
The District Court has awarded death penalty to a convict, but the High Court is unsure if it has been granted on proper judicial grounds with enough evidence to support the decision. The High Court wants to issue a writ against the District Court. Which of the following is issued by the High Court in this case?
The District Court has awarded death penalty to a convict, but the High Court is unsure if it has been granted on proper judicial grounds with enough evidence to support the decision. The High Court wants to issue a writ against the District Court. Which of the following is issued by the High Court in this case?
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Solution
The correct option is C Certiorari
Prohibition is issued by a higher court if it feels that a lower court is going beyond its jurisdiction. But if the lower court handles the case before Prohibition is issued the higher court can issue a writ called Certiorari. Certiorari means "to inform, apprise, show". The lower court has to give up the case files to the higher court. Therefore, the lower court’s judgement will become null and void.
Prohibition is issued by a higher court if it feels that a lower court is going beyond its jurisdiction. But if the lower court handles the case before Prohibition is issued the higher court can issue a writ called Certiorari. Certiorari means "to inform, apprise, show". The lower court has to give up the case files to the higher court. Therefore, the lower court’s judgement will become null and void.
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