Writ of Mandamus an Overview
WRIT OF MANDAMUS AN OVERVIEW
Project submitted to:
Md. Hadiur rahman
(Faculty: Administrative law )
Project submitted by:
Jaya kosley
ROLL NO. 53
Semester ‘Vi’
HIDAYATULLAH NATIONAL LAW UNIVERSITY
RAIPUR, (C.G)
TABLE OF CONTENTS ACKNOWLEDGMENT 3 OBJECTIVES 4 LIST OF CASES 4 RESEARCH METHODOLOGY 5 INTRODUCTION 6 DEFINITION OF MANDAMUS 7 MANDAMUS IN INDIAN LAW PRIOR TO THE CONSTITUTION 7 FRAMEWORK OF LAW IN RELATION TO MANDAMUS 8 INTERPRETATION OF PUBLIC RIGHT AND MANDAMUS 9 CASES IN WHICH THE COURT HAS USED MANDAMUS: 10 AGAINST WHOM MANDAMUS WILL NOT ISSUE 12 ALTERNATIVE REMEDY: A BAR TO MANDAMUS 13 CONCLUSION 15 REFERENCES 16 BIBLIOGRAPHY 16 ARTICLES: 16 BOOKS: 16 WEBLIOGRAPHY 16 LEGAL WEBSITES: 16 WEBSITES: 17
ACKNOWLEDGMENT
At the outset, I would like to express my heartfelt gratitude and thank my teacher, Md. Hadiur Rahman for putting his trust in me and giving me a project topic such as this and for having the faith in me to deliver. Sir, thank you for an opportunity to help me grow.
My gratitude also goes out to the staff and administration of HNLU for the infrastructure in the form of our library and IT Lab that was a source of great help for the completion of this project.
* JAYA KOSLEY (Semester ‘VI’)
OBJECTIVES * To study meaning of writ of mandamus, * What is the traditional writ of mandamus? Can it be modified in the Indian context? * To study mandamus under Indian law prior to Constitution, * To study the interpretation of public right and mandamus.
LIST OF CASES * Praga Tools Corporation v. C.V. Imanual (A.l.R. 1969 S.C. 1306) * Sohanlal v. Union of India (A.I.R. 1957 S.C. 529: (1957) S.C.R. 738) * Raman & Raman v. State of Madras (A.l.R. 1959 S.C. 694) * State of Assam v. Ajit Kumar (A.l.R. 1965 S.C. 1196) * S.I. Syndicate v. Union of India * Bandhua Mukti Morcha case * Indian
Project submitted to:
Md. Hadiur rahman
(Faculty: Administrative law )
Project submitted by:
Jaya kosley
ROLL NO. 53
Semester ‘Vi’
HIDAYATULLAH NATIONAL LAW UNIVERSITY
RAIPUR, (C.G)
TABLE OF CONTENTS ACKNOWLEDGMENT 3 OBJECTIVES 4 LIST OF CASES 4 RESEARCH METHODOLOGY 5 INTRODUCTION 6 DEFINITION OF MANDAMUS 7 MANDAMUS IN INDIAN LAW PRIOR TO THE CONSTITUTION 7 FRAMEWORK OF LAW IN RELATION TO MANDAMUS 8 INTERPRETATION OF PUBLIC RIGHT AND MANDAMUS 9 CASES IN WHICH THE COURT HAS USED MANDAMUS: 10 AGAINST WHOM MANDAMUS WILL NOT ISSUE 12 ALTERNATIVE REMEDY: A BAR TO MANDAMUS 13 CONCLUSION 15 REFERENCES 16 BIBLIOGRAPHY 16 ARTICLES: 16 BOOKS: 16 WEBLIOGRAPHY 16 LEGAL WEBSITES: 16 WEBSITES: 17
ACKNOWLEDGMENT
At the outset, I would like to express my heartfelt gratitude and thank my teacher, Md. Hadiur Rahman for putting his trust in me and giving me a project topic such as this and for having the faith in me to deliver. Sir, thank you for an opportunity to help me grow.
My gratitude also goes out to the staff and administration of HNLU for the infrastructure in the form of our library and IT Lab that was a source of great help for the completion of this project.
* JAYA KOSLEY (Semester ‘VI’)
OBJECTIVES * To study meaning of writ of mandamus, * What is the traditional writ of mandamus? Can it be modified in the Indian context? * To study mandamus under Indian law prior to Constitution, * To study the interpretation of public right and mandamus.
LIST OF CASES * Praga Tools Corporation v. C.V. Imanual (A.l.R. 1969 S.C. 1306) * Sohanlal v. Union of India (A.I.R. 1957 S.C. 529: (1957) S.C.R. 738) * Raman & Raman v. State of Madras (A.l.R. 1959 S.C. 694) * State of Assam v. Ajit Kumar (A.l.R. 1965 S.C. 1196) * S.I. Syndicate v. Union of India * Bandhua Mukti Morcha case * Indian
References: * Ashok Desai, S. Muralidhar, “Public Interest Litigation: Potential and Problems”, cf. B.N. Kirpal et al,Supreme but not Infallible- Essays in Honour of the Supreme Court of India, (New Delhi: OUP, 2000). * G.B. Reddy, “Supreme Court and Judicial Activism- An Overview of its impact on Constitutionalism”, (2001) 3 SCJ. * Justice A.S. Anand, “Protection of Human Rights- Judicial Obligation or Judicial Activism”, (1997) 7 SCC (Journal). * Arun Shourie, Courts and their Judgements- Premises, Prerequisites, Consequences, ( New Delhi: Rupa and Co., 2001). * Dr. Tirlok Nath Arora, Judicial Strictures- Liberty of Judicial Expression and Restraint, (Delhi: Universal La wPublishing Co. Pvt. Ltd., 2001). * John Agresto, The Supreme Court and Constitutional Democracy, (New Delhi: Prentice Hall of India Pvt. Ltd., 1986). * M.P. Jain, Indian Constitutional Law Volume I, (New Delhi: Wadhwa and Company, 2003). * Upendra Baxi, On Judicial Activism- Legal Education & Research in a Globalising India, (New Delhi: Capital Foundation Society (Regd.), 1996).William Wade, Christopher Forsyth, Administrative Law, (Oxford: Clarendon Press, 2000). [ 3 ]. A.l.R. 1969 S.C. 1306 [ 4 ] [ 5 ]. A.l.R. 1959 S.C. 694 [ 6 ] [ 7 ]. G.B. Reddy, “Supreme Court and Judicial Activism- An Overview of its impact on Constitutionalism”, (2001) 3 SCJ 18. [ 8 ]. (1996) 5 SCC 281 [ 9 ] [ 10 ]. (1999) 9 SCC 578 [ 11 ] [ 13 ]. Justice A.S. Anand, “Protection of Human Rights- Judicial Obligation or Judicial Activism”, (1997) 7 SCC (Journal). [ 14 ]. Alladi Kuppuswami, The Constitution: What it means to the People, (Hyderabad: S. Gogia & Co., 2000). [ 17 ]. Ashok Desai, S. Muralidhar, “Public Interest Litigation: Potential and Problems”, cf. B.N. Kirpal et al,Supreme but not Infallible- Essays in Honour of the Supreme Court of India, (New Delhi: OUP, 2000).