Mandamus (/mænˈdeɪməs/; lit. “we command”) is a judicial remedy in the form of a court order[1] against a government, lower court, corporation, or authority to perform (or refrain) from doing any particular act that that body is required (or refrains) from doing by law and that is inherent in a public duty. and, in some cases, a legal obligation. It cannot be adopted to force an authority to do something against legal requirements. For example, it cannot be used to compel a lower court to reject or approve applications filed, but if the court refuses to rule in any way, a mandamus can be used to order the court to rule on the applications. In India, the sine qua non of mandamus is the existence of a legal public obligation on the person or entity against whom mandamus is sought. The petitioner must also have the corresponding right to demand the performance of such a public task. These two prerequisites form the basis of the Mandamus edition. The main scope and function of mandamus is to “command” and “execute” rather than “ask” and “judge.” It may not be issued to modify a panel`s ruling in a manner that is convenient to the applicant. Obligations that are not of a legal nature cannot be performed by mandamus.
[13] The application cannot be upheld if a remedy provided for in the Code of Civil Procedure is available. For example, the High Court cannot accept written applications for mandamus to the government that fail to file and pay an enhanced compensation account within the time required by a lower court. In this case, the applicants would be invited to apply to the enforcement court for adequate compensation. [14] Since mandamus is a discretionary remedy, the request must be made in good faith and not for indirect purposes. However, tolerance cannot exclude the issue of mandamus. The applicant must, of course, satisfy the Court that he has a legal right to the performance of the legal obligation, which is different from the mere discretion of the power of attorney. [5] A mandamus is normally issued when an official or authority is required by law to perform an obligation and that obligation has not been fulfilled despite a written request. In no other case will a writ of mandamus be issued, except in the case of revocation of an unlawful order. In general, decisions of a lower court taken in the course of ongoing proceedings are not reviewed by the higher courts until a final judgement on the merits has been rendered. At the federal level, for example, 28 U.S.C. § 1291 provides that consideration of appeals from lower court decisions must be deferred until a final judgment has been rendered by the lower court. A writ of mandamus offers an exception to this rule.
If a party to a case is not satisfied with a decision of the court of first instance, he or she may challenge the decision before applying to a higher court for an order of mandamus. The order will only be placed in exceptional cases. The issuance of a mandamus to the courts is the exercise of a constitutional appellate power vested in the Supreme Court. However, a mandamus addressed to a public official falls within his or her original jurisdiction and, under the Constitution, the exercise of initial jurisdiction by the Supreme Court is limited to certain cases that do not include mandamus. According to the latter clause of the previous section, the approval of a statement of application issued by the Supreme Court to persons exercising functions under the authority of the United States results in an injunction not justified by the Constitution and thus renders it null and void. Elsewhere, including in the New York courts, mandamus (and other prerogatives) have been replaced by judicial proceedings. In New York, this is called the revision of section 78, once the law of civil procedure has created the appropriate procedure. [27] In still other states, such as Illinois, the state`s final court has jurisdiction over claims in mandamus. [28] If you are requesting a writ of mandamus, you must comply with Florida Rule of Appeal Procedure 9.100. You must prove: An alternative agency order is a court order that 1) sets out the allegations of a complaint against a government agency, company, court, official or other public authority, and 2) orders the party to perform (or cease) any act prescribed by law (or cease an activity) at a particular time or in court to provide the reasons why the party did not act.
as required, or should not be. Guest.