Question

A Writ of prohibition is an order issued by the Supreme Court or High Court to:

• A. The Lower Court prohibiting the continuation of proceedings in a case
• B. A Government officer prohibiting him from taking a particular action.
• C. An Individual prohibiting him from a particular action
• D. None of the above

Answer 1

Answer:

A. The Lower Court prohibiting the continuation of proceedings in a case

• There are 5 types of writs:

1. Habeas Corpus
2. Mandamus
3. Prohibition
4. The certiorari
5. Quo-Warranto.

Habeas Corpus:

• The Latin word 'habeas corpus' means : 'to have the body'
• Writ issued for the release of a person wrongfully detained : Habeas Corpus
• The Writ known as the protector of personal liberty : Habeas corpus

2. Mandamus:

• The Latin word 'mandamus' means : 'we command'
• The Writ issued by a court requiring an officer or public body to perform their duty : Mandamus

 

3. Prohibition:

• Meaning of the word Prohibition is : to forbid
• The writ issued by the High Court to restrain the lower court, when it violates its jurisdiction, or acts contrary to natural justice : Prohibition

4. Certiorari:

• The word 'Certiorari' means: To give knowledge about something
• The Writ ordering the transfer of a case from a lower court to a superior court: Certiorari

 

5. Quo Warranto:

• Quo Warranto is a Latin word which means : by what authority
• The Writ which is primarily used to restrain a person from holding office for which he is not entitled : Quo Warranto
• A court can by writ of quo warranto, remove from office an officer who has improperly entered into office and exercised unlawful authority.
• Quo Warranto can't be issued against private individuals