Understanding Government and Public Law in Kolkata
Public law provides remedies against government actions and protects fundamental rights. This guide covers RTI applications public interest litigation writs and human rights complaints in Kolkata.
Frequently Asked Questions
What is prohibition?
Preventive writ issued to stop lower court or tribunal from proceeding with case exceeding its jurisdiction.
Difference between prohibition and certiorari?
Prohibition issued before order passed (pending proceeding). Certiorari issued after order passed to quash it.
When is prohibition available?
Lower court or tribunal lacks jurisdiction acting in excess of jurisdiction or proceeding under ultra vires law.
What is procedure for filing?
File petition showing court lacks jurisdiction. Court issues rule prohibiting further proceedings.
Can prohibition be claimed as right?
Prohibition is discretionary remedy. Court may refuse if alternative remedy adequate or petitioner not aggrieved.
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