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Judicial Decision - Definition - Law Dictionary Home Dictionary Definition judicial-decision

Definition :

Judicial decision, a judicial decision is merely a decision which is in fact exercised by the courts in accordance with strict legal procedure, whereas a quasi-judicial decision is given by an administrator or an administrative court entitled to follow its own procedure provided only that the rules of natural justice are observed, Firm of S. Mohd. Ali and Sons v. V. Madhavarao, AIR 1964 AP 132.

The requisites of a judicial decision or act thus: If, (a) a competent authority, not being a court in the ordinary sense, (b) has power to give a binding and authoritative decision, (c) after hearing evidence and opposition and upon consideration of facts and circumstances, and (d) imposing liability or affecting the rights of the parties, there is a duty to act judicially, Parduman Singh v. State of Punjab, AIR 1958 Punj 63.

A true judicial decision presupposes an existing dispute between two or more parties and then involves four requisites:-(1) The Presentation (not necessarily orally) of their case by the parties to the dispute; (2) If the dispute between them is a question of fact, the ascertainment of the fact by means of evidence by the parties to the dispute and often with the assistance of argument by or on behalf of the parties on the evidence: (3) If the dispute between them is a question of law, the submission of legal argument by the parties, and (4) A decision which disposes of the whole matter by a finding upon the facts in dispute and application of the law of the land to the facts so found, including where required a ruling upon any disputed question of law' (AIR 1959 SC 188 foll.), Maqbool Hussain v. State of Bombay, AIR 1953 SC 325 (329)

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