The order preventing a subordinate court from exceeding its jurisdiction - ?
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The Court has been empowered to issue writs in the nature of habeas corpus, mandamus, prohibition, and certiorari and quo warranto for protecting the fundamental rights [article 32(2)]. Similar power has been conferred on the high courts via article 226. The high court can issue the above writs for protecting the fundamental as well as statutory and common law rights. The high courts can issue writs to any governmental authority outside their territorial jurisdiction, provided the cause of action arises (in whole or in part) within their territorial jurisdiction.
the high court can refuse it on the ground of acquiescence, laches (delay), available alternative remedy and no benefit to the party. Under article 226(3), a high court can grant interim relief by way of interlocutory orders.
While the jurisdiction of the high court is more extensive than that of the Supreme Court, art. 226 (4) provides that the powers conferred on a high court shall not be in derogation of the powers conferred on the supreme court by article 32(2).
the high court can refuse it on the ground of acquiescence, laches (delay), available alternative remedy and no benefit to the party. Under article 226(3), a high court can grant interim relief by way of interlocutory orders.
While the jurisdiction of the high court is more extensive than that of the Supreme Court, art. 226 (4) provides that the powers conferred on a high court shall not be in derogation of the powers conferred on the supreme court by article 32(2).
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An order which prevents the inferior court from exceeding its jurisdiction comes under the Article 226 – “Power of High Courts to issue certain writs”.
Thus the High court can issue the Prohibition writ. This writ primarily prevents the subordinate court from exceeding its jurisdiction in the pending cases or acting contrary to the natural justice.
Under this Article 226 of the Indian Constitution, High Court is conferred with the power to enforce any of fundamental rights.
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