Oregon Order Allowing Writ of Mandamus
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How to fill out Oregon Order Allowing Writ Of Mandamus?
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FAQ
A writ of mandamus can be used to order an act to be completed; in some cases, it may require an activity to be ceased. A writ of mandamus is obtained through a petition to a court and must be supplemented by legal rights. A writ of mandamus is only one type of writ.
Mandamus can be issued where there is duty to exercise discretion, such a duty of the tribunal to hear and determine a case within its jurisdiction. Section 10 of the Tribunals & enquiries Act, 1992, imposes a duty on tribunal to give reasons for its decisions.
'Mandamus' means 'we command'. It is issued by the Court to direct a public authority to perform the legal duties which it has not or refused to perform. It can be issued by the Court against a public official, public corporation, tribunal, inferior court or the government.
You can file a writ petition in the Supreme Court under Article 32 of the Indian Constitution, whereas you can file the writ petition in High Court under Article 226 of the Indian constitution. You can also file Writ Petitions in India for a civil or a criminal act.
The portion of § 13 of the Judiciary Act of 1789 that authorized the Supreme Court to issue writs of mandamus in the exercise of its original jurisdiction was held invalid in Marbury v. Madison, 266 as an unconstitutional enlargement of the Supreme Court's original jurisdiction.
Mandamus can be issued where there is duty to exercise discretion, such a duty of the tribunal to hear and determine a case within its jurisdiction.Such a duty may be enforced by issuance of writ of mandamus. A writ of mandamus is not being granted where law provides some other adequate remedy.
(1) A party petitioning for a writ of mandamus or prohibition directed to a court must file a petition with the circuit clerk and serve it on all parties to the proceeding in the trial court. The party must also provide a copy to the trial-court judge.
Under Article 226, a writ petition can be filed before any High Court within whose jurisdiction the cause of action arises, either wholly or in part. It is immaterial if the authority against whom the writ petition is filed is within the territory or not.
Section 13 of the Judiciary Act of 1789 authorized the Supreme Court to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction, and writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office,
