GENERAL KNOWLEDGE

GK

RTI ACT 2005

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
What does the writ of Mandamus mean?
A
it is issued when an office holder is found to misuse his duties
B
it is issued when the court finds that the office holder is illegally holding that position
C
it is issued by higher courts when they find that lower courts have made judgments beyond their powers of jurisdiction
D
the arrested person must be brought before the court, that holds the right to set the person free if the grounds of arrest are found to be faulty
Explanation: 

Detailed explanation-1: -Mandamus. ‘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.

Detailed explanation-2: -To compel a court or judicial tribunal to exercise its jurisdiction when it has refused to exercise it. To direct a public official or the government not to enforce a law that is unconstitutional.

Detailed explanation-3: -It is an order issued by the court to a public official, public body, government or any corporation asking them to perform a duty which they have failed or refused to perform or stopping them not to exercise their function if it goes beyond the control of law.

Detailed explanation-4: -The writ of Quo Warranto can be issued if the court finds that a person is holding office but is not entitled to hold that office. 3. Under the writ of Certiorari, the court can order a lower court or another authority to transfer a matter pending before it to the higher authority or court.

Detailed explanation-5: -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.

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