In Writ Petition No. 39058 of 2016, the petitioner sought mandamus to prevent proceedings under Section 276CC of the Income Tax Act, 1961. The court held that a writ of mandamus cannot be used to not perform a statutory duty and dismissed the petition.
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HON’BLE SRI JUSTICE V.RAMASUBRAMANIAN AND HON’BLE SRI JUSTICE G.SHYAM PRASAD
Writ Petition No.39058 of 2016
Order: (per V.Ramasubramanian, J.)
The petitioner has come up with the above writ petition seeking a mandamus to direct the respondents to drop the proceedings proposed to be initiated against her and her husband.
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challenge it in a manner known to law but cannot seek a pre-emptory mandamus of this nature. Hence, the writ petition is dismissed. The miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.
___________________________ V.RAMASUBRAMANIAN, J.
______________________ G.SHYAM PRASAD, J.
21st November, 2016. Ak
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HON’BLE SRI JUSTICE V.RAMASUBRAMANIAN AND
HON’BLE SRI JUSTICE G.SHYAM PRASAD
Writ Petition No.39058 of 2016 (per VRS, J.)
21st November, 2016. (Ak)
1 issue framed by the court
Whether a writ of mandamus can be issued to direct the respondents not to initiate prosecution proceedings.
1 provisions across 1 enactments
Petitioner
Respondents
V. Ramasubramanian
G. Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
