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Writ of Mandamus
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| WRIT OF MANDAMUS |
| 1. |
Name of Act / Procedure / Rule
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INDIAN CONSTITUTION |
| 2. |
Nature of the Case
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Civil nature |
| 3. |
Name of the Service
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This writ can be filed under article 226 of Constitution of India and U/R,3(a) of the Writ Proceeding Rules, 1977 of High Court. |
| 4. |
Description of Service
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Seeking a direction to a sub ordinate court, an officer of government , any corporation or other institution commanding the performance of certain acts or duties.
a) Writ of Mandamus can be filed against anybody who seeks discharge of duty from that person who is duty bound to do so.Legal duty means some duty which is by a law viz. constitution, act, legislation etc.
b) This petition requires that the person moved the authority and the authority refused to do his duty which he is bound to. This is demand and refusal.
c)The person must have a real or special interest in the subject matter.
d)The person must have specific legal right No other equally effective remedy is there.
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| 5. Documents required |
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| a) |
The order shows the refusal of the authority in performing that legal duty |
| b) |
Representation to the said authority |
| c) |
Acknowledgement |
| d) |
Reply from that authority |
| e) |
Legal notice |
| f) |
Copy of Notice/Legal Notice given if any |
| g) |
Postal Receipt and Acknowledgement and other relavant documents, if any |
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| 6. |
Time required for filing case
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Within 3 working days of the Court except Saturday from the date of collection of all the requisite documents |
| 7. |
Official Court fees for filing case
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Rs.4000/- to 6000/- |
| 8. Law Firm Expenses |
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| a) |
Expenses for sending legal notice |
Rs. 2,500/- & above |
| b) |
Expenses for filing case |
On Request |
| c) |
Miscellaneous expenses for filing case
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On Request |
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| 9. Interim Reliefs Available |
| MEMORANDUM OF MISC. PETITION |
| a. |
Name of Act |
Civil Procedure Code, 1908 |
| b. |
Nature of the Case |
Civil nature |
| c. |
Name of the Service |
to suspend the order of the authority |
| d. |
Description of Service |
(a) Petition can be filed with a prayer to suspend the order of the authority till the disposal of the main writ Section 151 of Civil Procedure Code, 1908. |
| e. |
Documents required |
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| i) |
Copies of all relevant documents available if any |
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| f. |
Time required for filing the petition |
Petition will be filed along with the main writ |
| g. |
Official Court fees for filing case |
Depends on case to case |
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