2012 (10) TMI 799 - HC - Income Tax

Restraining of illegal business running by respondents which was wrong and without sanction of law - Held that - Writ of prohibition can be issued only when inferior court or Tribunal acts in excess of jurisdiction, in violation of the principles of natural justice etc. The remedy of the petitioner is to approach appropriate forums to get a proper adjudication. Writ Petition is not a proper remedy in respect of the matters highlighted by the petitioner - Leaving open the right of the petitioner to prosecute such remedies, this writ petition is dismissed.

Summary

The petitioner sought writs of certiorari and prohibition against respondents 8 and 9 for illegal business activities in a partnership firm. The court dismissed the petition, stating that a writ of prohibition is not applicable in this case, and the petitioner should seek proper adjudication through appropriate forums.