Judicial Act - Definition - Law Dictionary Home Dictionary Definition judicial-act

Definition :

Judicial Act, the duties of the Election Officer certainly fit in with the aforesaid definition. He has legal authority to decide on the objections raised by the candidate. The question decided by him affects the rights of the parties, and in deciding the objections raised he hears the parties and may also make an enquiry and, therefore, he has a duty to act judicially, Bandi Visweswara Rao v. Deputy Panchayat Officer, AIR 1957 AP 539.

A Judicial act seems to be an act done by a competent authority upon a consideration of facts and circumstances and imposing liability or affecting the rights of others. It must be that of a person or persons who have legal authority to determine questions affecting the rights of parties and in a judicial manner, Kalavagunta Sriramarao v. Kalavagunta Suryanarayanamurthi, AIR 1954 Mad 340.

Numerous statutes give summary power to justices of the peace, and declare that certain acts shall only be valid if done by two Magistrates. If it be only a ministerial act, it is not requisite that the two Magistrates should be together at the time of doing the act; if it be judicial, they must. All persons concerned in the exercise of judicial functions are protected from the consequences of acts for which they would be liable if they arose to of proceedings which were simply administrative or ministerial. See Halsbury's Laws of England, 'Public Authorities.'