Writ of mandamus ---. May be issued where....

1) The petitioner has a legal right to compel the public authority to do or to refrain from doing something.

2) Writ of mandamus is generally issued against a public authority and not against a private body person. However, if the public body has public duty to perform something then a writ of mandamus may be issued against it.

3) writ of mandamus is for the purpose to secure performance of a public or statutory duty, in the performance of which the petitioner has sufficient legal interest.

4) Writ of mandamus would not lie where the performance of the public duty is discretionary, but if the authority is under a duty to exercise a discretion, then mandamus would lie to compel the authority to exercise that discretion.


Writ of Certioari  and writ of prohibition lie when ----

1) The tribunal or the authority refuses to exercise jurisdiction;
2) when the tribunal or authority acts without jurisdiction;

3) when the tribunal or authority exercise jurisdiction by erroneously deciding facts which are essential to confer jurisdiction;

4) when the tribunal or the authority exercise jurisdiction by taking into consideration irrelevant and extraneous matters; or

5) when the tribunal or the authority makes an error of law apparent on the facts of the record.


Writ of quo warranto --- is discretionary and the high Court has discretion to refuse it in the following circumstances :----

1) When the petitioner acquiesced to the nomination or appointment of the respondent;

2) when the petitioner has an alternative remedy under statute;

3) when the petitioner is guilty of latches; and

4) when the petition is barred by res judicata

0 comments:

Post a comment

See Also..