Writ Of Prohibition

Writ of prohibition is a writ from the High Court restraining an inferior court from continuing the proceeding in excess of its jurisdiction.

This writ is issued from a higher Court to an inferior court or tribunal prohibiting it from proceeding further with the matter pend­ing before it, either because-

i) Such inferior court or tribunal is exceeding its jurisdic­tion; or

(ii) Such inferior court or tribunal is acting in contravention of law. This writ thus limits a judicial authority within its jurisdiction.

Example- where the Collector of Customs has imposed invalid conditions for release of gold on the payment of the fine in lieu of confiscation, the High Court can grant a writ of prohibition prohibiting the customs authorities from enforcing the invalid conditions.

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