Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


A writ of mandamus is issued against a person who has legal duty to perform but fails in doing so. it is issued in favour of a person who establishes a legal right to be enforced. some of the key points to be kept in mind while seeking a mandamus are:

  • the person against whom mandamus is sought must be under statutory obligation to perfom that duty
  •  the petitioner must have legal right to be enforced
  • in cases of inaction or slow action mandamus can be issued
  •  normally a mandamuss can not be issued against a private individual
  • administrative instructions/Departmental orders can not be enforced by writ of mandamus
  • mandamus can not be issued to Government to enforce cabinet decision
  • mere recomendation of an authority can not be enforced by madamus
  • mandamus can be issued to comply with the orders of superior tribunal
  •  mandamus can not be issued in contradiction with statutory provisions
  •  mandamus can not be issued to legislature or government to make laws or rules
  •  mandamus can be issued to take decision on an application/representation if it is pending since long
  •  mndamus can not be issued to enforce contractual obligations

"Loved reading this piece by Swami Sadashiva Brahmendra Sar?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"






Tags :


Category Constitutional Law, Other Articles by - Swami Sadashiva Brahmendra Sar 



Comments


update
Post a Suggestion for LCI Team
Post a Legal Query