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Eduncle posted an MCQ
October 18, 2019 • 16:37 pm 0 points
  • UGC NET
  • Law

Under which of the following condition(s) a writ of mandamus can be granted

Under which of the following condition(s) a writ of mandamus can be granted ? Give correct answer by using the codes a. There must be a public duty. b. There must be a specific demand and refusal. c. There must be a clear right to enforce the duty. d. The right must be subsisting on the date of the petition.

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    Eduncle Best Answer

    Conditions which must exist in order to grant the writ of Mandamus :
    1.           there must be performance of public duties. A public duty is one which created either by statute, the constitution or by some rule of common law. but does not lie on               where the duty is ministerial in nature. A ministerial duty is one where the authority has to act on the instructions of his superiors. so mandamus not apply on                           administrative direction unless they are binding by law
    2.           Mandamus lie against person or body whose duty is must be a public official or an official body, means any company constituted under a statute for the purpose of                  compelling it to fulfill its public responsibilities.
    3.           There must be a specific demand of duty and a refusal by the authority
    4.           Applicant should have the right to enforce the duty till the date of the petition.
    It means there is a statute which imposes a legal duty and aggrieved party has the legal right under the statute to enforce its performance.

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