
The writ of prohibition is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction that it does not possess.
A)True
B)False
Answer
490.8k+ views
Hint: The writ of prohibition can be issued only by the higher courts.It works in a hierarchy.
A writ of jurisdiction can only be issued against a judicial or quasi judicial body and not against a legislative or administrative body.
Complete answer:
1)The writ of prohibition helps the higher courts to direct the subordinate court from proceeding on a case that does not fall under its jurisdiction.
it is issued by superior court to inferior court preventing it over the jurisdiction that does not fall under its limits.
2)The writ is issued in both cases where there is excess of jurisdiction and where there is absence of jurisdiction.
3)The prohibition is not continuous. The only purpose of prohibition is to stop the tribunal's current proceedings.
4)A writ can only be issued when the proceedings are pending in a court. If the preceding has been done and the decision has been announced, the writ will not be applicable.
5)If the court, where the matter is pending has ceased to exist, the writ of prohibition will not be applicable because there can be no proceedings upon which it can operate.
6)If a court is functioning, the writ can be issued at any stage of the proceeding.
7)A writ of prohibition can be issued by any court of record that is from a higher court to a misdemeanor court. It can be within a court or county, City or town government that is within the courts jurisdiction.
Hence, the correct answer is option (A)
Note: The supreme court of India issues 5 types of writs to enforce the fundamental rights of the citizens. They are ;-
1)Habeas Corpus
2)Mandamus
3)Prohibition
4)Certiorari
5)Quo-Warranto
A writ of jurisdiction can only be issued against a judicial or quasi judicial body and not against a legislative or administrative body.
Complete answer:
1)The writ of prohibition helps the higher courts to direct the subordinate court from proceeding on a case that does not fall under its jurisdiction.
it is issued by superior court to inferior court preventing it over the jurisdiction that does not fall under its limits.
2)The writ is issued in both cases where there is excess of jurisdiction and where there is absence of jurisdiction.
3)The prohibition is not continuous. The only purpose of prohibition is to stop the tribunal's current proceedings.
4)A writ can only be issued when the proceedings are pending in a court. If the preceding has been done and the decision has been announced, the writ will not be applicable.
5)If the court, where the matter is pending has ceased to exist, the writ of prohibition will not be applicable because there can be no proceedings upon which it can operate.
6)If a court is functioning, the writ can be issued at any stage of the proceeding.
7)A writ of prohibition can be issued by any court of record that is from a higher court to a misdemeanor court. It can be within a court or county, City or town government that is within the courts jurisdiction.
Hence, the correct answer is option (A)
Note: The supreme court of India issues 5 types of writs to enforce the fundamental rights of the citizens. They are ;-
1)Habeas Corpus
2)Mandamus
3)Prohibition
4)Certiorari
5)Quo-Warranto
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