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In California, interlocutory appeals are usually sought by filing a petition for writ of mandate with the Court of Appeal. If granted, the writ directs the appropriate superior court to vacate a particular order. Writs of mandate are a discretionary remedy; over 90% of such petitions are denied due to the state's public policy of encouraging ...
The term interim order refers to an order issued by a court during the pendency of the litigation.It is generally issued by the Court to ensure Status quo.The rationale for such orders to be issued by the Courts is best explained by the Latin legal maxim "Actus curiae neminem gravabit" which, translated to English, stands for "an act of the court shall prejudice no one".
The High Court of Kerala admitted the writ petition and issued an interim order staying all further proceedings with respect to the notice issued to the builders. But the High Court, in the interim order allowed the Maradu panchayat to issue stop memo in accordance with the law. The Maradu panchayat did not issue any stop memo.
Mohammad Salimullah v. Union of India (Writ Petition (Civil) 793 of 2017), is a petition challenging the deportation of Rohingya Muslims who had taken refuge in India to escape persecution in Myanmar. The court however, in an interim order rejected any relief and allowed their deportation subject to proper procedure being followed. [1] [2]
Ohidul Islam and Others v. The Government of Bangladesh and Others was a case brought before the High Court Division of the Supreme Court of Bangladesh. [1] [2] The writ petition was filed three years after the Government of Bangladesh, amid the 2018 quota reform movement, issued a circular declaring the existing quotas for descendants of 1971 Liberation War veterans to be unconstitutional. [3]
In Anglo-American common law courts, appellate review of lower court decisions may also be obtained by filing a petition for review by prerogative writ in certain cases. There is no corresponding right to a writ in any pure or continental civil law legal systems, though some mixed systems such as Quebec recognize these prerogative writs.
A court may issue a stay in a winding-up upon the creation of an application for rescission, an order being made against a false or mistaken institution, the petition debt being paid in full, the pertaining institution ceasing to exist, or the prior existence of a winding-up order. [5]
Writ petitions can also be filed with a superior court in order to compel an administrative agency or other entity, public or private, to perform a duty required by law. Although these petitions can be filed with the court of appeal or Supreme Court in the first instance, they are usually summarily denied without prejudice.