Quasi Judicial - Law Dictionary Search Results
Home Dictionary Name: quasi judicialQuasi judicial
Quasi judicial, the expression 'quasi judicial' is not always used with clarity and accurately. Custo-dian, though not a court in the ordinary sense, is an authority which exercises judicial functions or functions analogous to the judicial, and thus he is described as a 'quasi judicial' authority, Parduman Singh v. State of Punjab, AIR 1958 Punj 63.It is a term that is ............ not easily definable. In the United States, the phrase often covers judicial decisions taken by an administrative agency -- the test is the nature of the tribunal rather than what it is doing. In England quasi-judicial belongs to the administrative category and is used to cover situations where the administrator is bound by the law to observe certain forms and possibly hold a public hearing but where he is a free agent in reaching the final decision. If the rules are broken, the determination may be set aside, but it is not sufficient to show that the administration is biasedin favour of a certain policy, or...
Judicial, quasi judicial
Judicial, quasi judicial, whether an act is a judicial or a quasi-judicial one or a purely executive act depends on the terms of the particular rules and the nature, scope and effect of the particular powers in exercise of which the act may be done and would, therefore, depend on the facts and circumstances of each case. Where an authority is required to act judically either by an express provision of the statute under which it acts or by necessary implication of the said statute the decisions of such an authority generally amount to quasi-judicial decisions. Where, however, the executive or administrative bodies are not required to act judicially and are competent to deal with issues referred to them administratively, their conclusions cannot be treated as quasi-judicial conclusions, Engineering Mazdoor Sabha v. Hind Cycles Ltd., AIR 1963 SC 874 (878); 1963 Supp (1) SCR 625....
Quasi judicial, quasi
Quasi judicial, quasi, A quasi-judicial function has been termed to be one which stands midway a judicial and an administrative function. The primary test is as to whether the authority alleged to be a quasi-judicial, has any express statutory duty to act judicially in arriving at the decision in question. If the reply is in affirmative, the authority would be deemed to be quasi-judicial, and if the reply is in the negative, it would not be. The dictionary meaning of the word 'quasi' is, 'not exactly', State of Himachal Pradesh v. Raja Mahendra Pal, (1999) 4 SCC 93: AIR 1999 SC 1786. [H.P. Forest Produce (Regulation of Trade) Act, 1982 (5 of 1982)]...
Quasi Judicial Act
Quasi Judicial Act, a Quasi Judicial Act requires that a decision is to be given not arbitrarily or in the mere discretion of an authority, but according to the facts and circumstances of the case, as determined upon an enquiry held by the authority after giving an opportunity to the party to be affected of being heard and whenever necessary leading evidence in support of his contentions, Avadhesh Pratap Singh v. State of Uttar Pradesh, AIR 1952 All 63 (69). (Constitution of India, Art. 226)The concept of quasi-judicial act implies that the act is not wholly judicial; it describes only a duty cast on the executive body or authority to conform to norms of judicial procedure in performing some acts in exercise of its executive power. The procedural rules made by the Governor for the convenient transaction of business of the State Government apply also to quasi-judicial acts; provided those Rules conform to the principles of judicial procedure, Gullapali Nageswara Rao v. Andhra Pradesh St...
Quasi judicial function
Quasi judicial function, is an administrative function which the law requires to be exercised in some respects as if it were judicial. A typical example is a minister deciding whether or not to confirm a compulsory purchase order or to allow a planning appeal after a public inquiry. The decision itself is administrative, dictated by policy and expediency. But the procedure is subject to the principles of natural justice, which require the minister to act fairly towards the objections and not to take fresh evidence without disclosing it to them, Wade & Forsyth's Administrative Law; see also Indian National Congress (I) v. Institute of Social Welfare, (2002) 5 SCC 685....
Quasi judicial decision
Quasi judicial decision, is therefore an administrative decision which is subject to some measure of judicial procedure, Wade & Forsyth's Administrative Law; see also Indian National Congress (I) v. Institute of Social Welfare, (2002) 5 SCC 685....
quasi-judicial
quasi-judicial : of, relating to, or being an administrative act, body, or procedure that is concerned with the adjudication of specific rights and obligations rather than the promulgation of rules, that requires discretion and decision, and that may be subject to notice and hearing requirements and judicial review ...
Judicial decision
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 thei...
administrative law judge
administrative law judge : an officer in a government agency with quasi-judicial functions including conducting hearings, making findings of fact, and making recommendations for resolution of disputes concerning the agency's actions called also administrative judge ...
Judicial administration
Judicial administration, is an integrated function of the Judge and cannot suffer any diss. so far as maintenance of high standards of rectitude in judicial administration is concerned. The whole set up of a court is for the purpose of administrationof justice, and the control which the judgeexercise over his assistants has also the object of maintaining the purity of administration of justice, Bhardakanta Mishra v. Registrar of Orissa High Court, AIR 1974 SC 710 (720): (1974) 1 SCC 374....
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