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What Is Mandamus SLide

Mandamus is a court order that commands an inferior government or public authority to properly perform a duty they are already obligated to complete by law. It cannot compel an authority to act against statutory law. Mandamus orders the specific performance of an administrative or statutory duty and provides a legal remedy supplemented by legal rights. Mandamus will generally not be granted if there is another adequate means of relief, such as appeal.

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583 views3 pages

What Is Mandamus SLide

Mandamus is a court order that commands an inferior government or public authority to properly perform a duty they are already obligated to complete by law. It cannot compel an authority to act against statutory law. Mandamus orders the specific performance of an administrative or statutory duty and provides a legal remedy supplemented by legal rights. Mandamus will generally not be granted if there is another adequate means of relief, such as appeal.

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The Four Incredible Hulks
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Mandamus ("We command") is a judicial remedy in the form of an order from

a superior court, to any government subordinate court, corporation, or public


authority, to do (or forbear from doing) some specific act which that body is
obliged under law to do (or refrain from doing), and which is in the nature of
public duty, and in certain cases one of a statutory duty.

It cannot be issued to compel an authority to do something against statutory


provision.

Mandamus may be a command to do an administrative action or not to take a


particular action, and it is supplemented by legal rights.

Mandamus will typically not be granted if adequate relief can be obtained by


some other means, such as appeal.
Conditions of Mandamus
The conditions of mandamus consists of:

 The nature of the matters in respect of which relief may be granted by


mandatory, prohibiting or quashing orders;

 The nature of the persons and bodies against whom relief may be granted
by such orders and;

 All the circumstances of the case, it would be just and convenient for the
declaration to be made, or the injunction be granted.
Case Relevant to the Issuing of
Mandamus
The Case of Indira Gandhi a/p Mutho v Pengarah
Jabatan Agama Islam Perak & Ors

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