The Court docket may perhaps challenge a writ of prohibition to ban the authority from acting in extra of its jurisdiction. This writ is Ordinarily issued by a outstanding court docket towards the lower courtroom asking it not to progress by using a circumstance which would not drop below its jurisdiction.
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The writ, in typical parlance, is undoubtedly an order issued by a courtroom inside the identify of the authority requiring the overall performance of a selected act.
Writs are issued because of the Higher Courts below Art. 199 of your Constitution for your enforcement of essential rights, with the redress of another provision of the constitution or any provision of any statute, Ordinance, Get, Rule or Regulation or illegality by any authority. No writ petition might be entertained if another statutory solution for such redress is obtainable but exactly where the defect of jurisdiction her response is apparent over the encounter with the proceedings, or There exists abuse of discretionary electric power, a writ will likely be issued Regardless of on the existence of alternate solution.
Constitutions are certainly not conceived and acted in vacuum, and being an instrument of presidency. It is always supposed the situation and as it really is by itself conditioned because of the circumstance and natural environment of your community whose functions seek it to regulate.
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