Certainly, insofar as the order nisi seeks writs of mandamus and certiorari, it is outside of the time limit. |
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Well, your Honour, the orders that are sought are writs of mandamus and certiorari in this matter. |
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The applicant commenced proceedings in this Court for writs of mandamus, certiorari and injunctions. |
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Because if one is speaking about prohibition and mandamus, prohibition and mandamus are concerned with duties. |
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In September 2004, the applicant filed an application in the High Court for the constitutional writs of certiorari and mandamus. |
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The old judicial review remedies of certiorari, mandamus and prohibition were never applied to charitable trusts as such. |
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It does, in my argument or my submission, give rise to a proper application for an order nisi for mandamus. |
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Where a court or a public officer wrongly refuses jurisdiction the exercise of the jurisdiction can be commanded by a writ of mandamus. |
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Nonetheless I think that it is preferable to remit the question to him rather than to grant an order of mandamus requiring the Commissioner to grant leave. |
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Such remedies as an injunction, an order for specific performance, or an order for mandamus will not lie against the central government. |
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If that duty is not performed evenhandedly, aggrieved persons may avail of the remedy of mandamus to compel compliance with that duty. |
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A writ of mandamus was sought and granted by the High Court. |
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No error of law has been shown that would attract the writ of mandamus. |
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Under rule 98.01, the Supreme Court may grant a declaration in the nature of certiorari or mandamus. |
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The first thing NOW did was to seek a writ of mandamus against the E. E. O. C., compelling it to perform its legal function. |
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The Federal Court refused the mandamus but quashed the decision of the Minister. |
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The motion to strike the application as moot is allowed and the notice of application seeking mandamus is struck without costs. |
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First of all when the decision was made, we had already applied the mandamus, so we applied that mandamus for those 102 cases. |
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The Court may direct the issue of such process as may be necessary for doing complete justice in any matter including writs of prohibition, certiorari and mandamus. |
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It was in these circumstances that the applicant commenced her proceedings in this Court seeking the constitutional writ of mandamus and the declarations previously set out. |
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On 3 November 1981, the Trial Division of the Federal Court rejected the writ of mandamus on the grounds that there was no legal obligation on the Department to fill the position by way of the competition. |
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Indeed, as the Act makes no provision for appealing a decision of a board of revisors, the only applicable legal proceeding is of the nature of an evocation or a mandamus. |
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Father and son also petitioned for a writ of mandamus directing the Department of State to keep the boy safe in Colombia, assure the father had access to him, and to seek the boy's return to the United States. |
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Thus, on a balance of the inconveniences raised by the facts of the case, the Court of Appeal refused the plaintiff's motion for an order of mandamus against the IRB relating to its past unilingual decisions. |
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The Court noted that the action in nullity very much resembled a proceeding to quash the by-laws that included a request for mandamus to compel the City to calculate its taxes in accordance with the law. |
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Constitutional claims dismissed, claims under the Federal Tort Claims Act dismissed, claim of a conspiracy based on racial or other class-based animus dismissed and writ of mandamus denied. |
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Executive and administrative action can also be challenged by way of prerogative writs such as certiorari, mandamus, prohibition, quo warranto and habeas corpus which are also available to any aggrieved person. |
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In Anglo-American legal systems, mandamus is used by courts of superior jurisdiction to compel the performance of a specific act refused by a lower court, such as the hearing of a case falling within the latter's authority. |
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Marshall also said that the Judiciary Act of 1789 did permit the Supreme Court to issue writs of mandamus, as Marbury had argued. |
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Someone brought a writ of mandamus, telling the FTB not to apply the ruling. |
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The applicant requested an order of mandamus forcing the Minister to grant him citizenship as he claimed the Citizenship Act discriminated between adopted and natural children of Canadians. |
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The 1988 Constitution innovated by introducing a collective writ of mandamus, which can be applied by a political party, a labor union, a class or an association. |
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If the Government should fail to fulfill its constitutional duties, it may be ordered to do so by a court of law, by writ of mandamus. |
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The most common of the other such prerogative writs are habeas corpus, quo warranto, prohibito, mandamus, procedendo, and certiorari. |
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The High Court of Justice grants relief through orders such as injunction, mandamus and Habeas Corpus, as well as through declaratory judgments. |
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Accordingly, the court granted TWIA's petition for a writ of mandamus and directed the trial court to grant TWIA's motion to compel appraisal. |
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Lowell Thompson filed a petition for writ of mandamus and emergency motion for immediate stay. |
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The Supreme Court has exclusive jurisdiction to issue the prerogative orders of habeas corpus, mandamus, prohibition, quo warranto and certiorari. |
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The Republican Party filed a motion seeking leave to file a petition for writ of mandamus in the Texas Supreme Court and an emergency motion to stay the temporary order. |
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Marshall first examined the Judiciary Act of 1789 and determined that the Act purported to give the Supreme Court original jurisdiction over writs of mandamus. |
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They argue that Marshall selectively quoted the Judiciary Act of 1789, interpreting it to grant the Supreme Court the power to hear writs of mandamus on original jurisdiction. |
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The Federal Circuit refused to grant a writ of mandamus on Aug. |
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In all other cases, however, the Court has only appellate jurisdiction, including the ability to issue writs of mandamus and writs of prohibition to lower courts. |
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Marbury's argument is that in the Judiciary Act of 1789, Congress granted the Supreme Court original jurisdiction over petitions for writs of mandamus. |
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Sheila Lavery, trainer of Mandamus He never travelled at Listowel and I'm hoping the ground was to blame. |
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Having appeared not to get home when third to Mandamus on easy ground in Cork last time, it could be that a drop back in trip, on polytrack, will suit him. |
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