Prohibition, a writ to forbid any court to proceed in any cause there depending, on the suggestion that the cognizance thereof belongs not to such Court. It is a remedy provided by the Common Law against the encroachment of jurisdiction.
The writ issued not only out of the King's Bench, but also out of the Courts of Chancery, Exchequer, and Common Pleas, and now issues out of the High Court of Justice, on application by motion supported by affidavits for a rule to show cause (Rules 70, 71, of Crown Office Rules, 1906), to any inferior Court concerning itself with any matter not within its jurisdiction. If either the judge or a party proceed after such prohibition, an attachment may be had against them for contempt, at the discretion of the Court that awarded it; and an action for damages will lie against them, by the party injured.
Sometimes the point is too doubtful to be decided upon motion, and the party applying is directed to declare in prohibition, setting forth concisely so much of the proceeding in the Court below as may be necessary to show the ground of the application; this procedure has been directed since the Jud. Act, 1873 [see South-Eastern Ry. Co. v. Railway Commissioners, (1880) 5 QBD 217], but where the prohibition applied for is to a county Court, it is expressly dispensed with by County Courts Act, 1934 (24 & 25 Geo. 5, c. 53), s. 112, replacing County Courts Act, 1888, s. 128. Where a want of jurisdiction is apparent on the face of the proceedings in an inferior Court, the High Court is bound to grant a prohibition, although the applicant has acquiesced in the proceedings of the inferior Court, Farquharson v. Morgan, (1894) 1 QB 552; and the writ of prohibition may issue even though there is an alternative remedy, Channel Coaling Co. v. Ross, (1907) 1 KB 145.
In India the Supreme Court and High Court issue the writ of prohibition to an inferior Tribunal forbidding it from continuing with a proceeding therein on the ground that to proceeding is without or in excess of jurisdiction or contrary to the laws of the land, statutory or otherwise, East India Commercial Co. v. Collector of Customs, AIR 1962 SC 1893.
Prohibition, is a writ which can be issued not merely to court, but to authorities exercising judicial or quasi-judicial functions, Harivishnu Kamath v. Ahmad Ishaque, AIR 1955 SC 233.