AIR 1967 SUPREME COURT 1274 ::1967 ALL. L. J. 581 ::1967 Ker LT 336 ::1967 Ker LJ 459 ::1967 2 JabLJ 249 ::1967 2 SCR 566 ::1967 2 SCR 286 ::1967 SCD 1066

Supreme Court Of India

(From Kerala AIR 1966 Kerala 216)

Hon'ble Judge(s): K. N. Wanchoo, V. Ramaswami , JJ

(A) Constitution of India , Art.226— Prohibition - Issue of-Principles -Writ is issued to confine Courts of inferior tribunals within their jurisdictional limits. The jurisdiction for grant of a writ of prohibition is primarily supervisory and the object of that writ is to restrain Courts or inferior tribunals from exercising a jurisdiction which they do not possess at all or else to prevent them from exceeding the limits of their jurisdiction. In other words, the object is to confine Courts or tribunals of inferior or limited Jurisdiction within their bounds. The writ of prohibition lies not only for excess of jurisdiction or for absence of jurisdiction but also in a case of departure from the rules of natural justice. But the writ does not lie to correct the course, practice or procedure of an inferior tribunal or a wrong decision on the merits of the proceedings. The writ cannot be issued to a Court or an inferior tribunal for an error of law unless the error makes it go outside its jurisdiction. A clear distinction has, therefore, to be maintained between want of jurisdiction and the manner in which it is exercised. If there is want of jurisdiction, then the matter is coram non judice and a writ of prohibition will lie to the Court or inferior tribunal forbidding it to continue proceedings therein in excess of jurisdiction. ....