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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.
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".
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 Constitution of India under Article 136 vests the Supreme Court of India, the apex court of the country, with a special power to grant special leave, to appeal against any judgment or order or decree in any matter or cause, passed or made by any Court/tribunal in the territory of India. It is to be used in case any substantial ...
A "writ of prohibition", in the United States, is a court order rendered by a higher court to a judge presiding over a suit in an inferior court. The writ of prohibition mandates the inferior court to cease any action over the case because it may not fall within that inferior court's jurisdiction. The document is also issued at times when it is ...
In some jurisdictions, a petition for review is a formal request for an appellate tribunal to review the decision of a lower court or administrative body. [1] If a jurisdiction utilizes petitions for review, then parties seeking appellate review of their case may submit a formal petition for review to an appropriate court. [2]
While disposing of the Writ Petition, the Apex Court, in Para 15 of the Judgement, observed as follows: "The blatant disregard displayed by the project proponents with regard to rights of the tribals and primitive tribal groups dependant on the area for their livelihood, as they have proceeded to seek clearance is shocking. Primitive Tribal ...
A court order issued on the basis of an ex parte proceeding, therefore, will necessarily be de bene esse (temporary and interim in nature), and the person(s) affected by the order must be given an opportunity to contest the appropriateness of the order before it can be made permanent. There are exceptions to this.