AI Overview...
-
Administrative Act - An administrative act is primarily executive in nature, involving decisions or actions taken by government authorities in the exercise of administrative functions. These acts do not involve a judicial or quasi-judicial process and typically do not require adherence to principles of natural justice unless specified Baghal Land Loosers Transport Co-operative Societies Ltd. VS State of H. P. - Himachal Pradesh, Vanmala Manoharrao Kamdi VS Deputy Charity Commissioner - Bombay, Ajay Goswami VS State Of Haryana - Punjab and Haryana, UNION OF INDIA VS ELBRIDGE WATSON - Calcutta.
-
Quasi-Judicial Act - Quasi-judicial acts involve functions that resemble judicial proceedings, where authorities exercise powers that affect individuals' rights or interests. Such acts require adherence to principles of natural justice, including a fair hearing and a speaking order. They are characterized by the exercise of judicial-like discretion and are subject to judicial review Baghal Land Loosers Transport Co-operative Societies Ltd. VS State of H. P. - Himachal Pradesh, SHARDA PRASAD MISHRA VS STATE OF MADHYA PRADESH - Madhya Pradesh, Jitinder Singh VS Municipal Corporation, Chandigarh - Punjab and Haryana, SHAMIM VS STATE OF U. P. - Allahabad.
-
Distinction Between Administrative, Judicial, and Quasi-Judicial Acts - The key determinant is whether the authority's duty was to act judicially or administratively. Judicial acts involve adjudication with judicial procedures, while administrative acts are executive decisions. Quasi-judicial acts sit in between, involving adjudicatory functions but not full judicial authority SHARDA PRASAD MISHRA VS STATE OF MADHYA PRADESH - Madhya Pradesh, Baghal Land Loosers Transport Co-operative Societies Ltd. VS State of H. P. - Himachal Pradesh, UNION OF INDIA VS ELBRIDGE WATSON - Calcutta.
-
Principles of Natural Justice - These principles are integral to quasi-judicial acts, ensuring fairness when individual rights are affected. Administrative acts generally do not require these principles unless specified by law Jitinder Singh VS Municipal Corporation, Chandigarh - Punjab and Haryana.
-
Examples and Application - Decisions such as license renewals, appointments, or inquiries can be administrative or quasi-judicial depending on the context. Courts have distinguished these based on the nature of the authority's function, emphasizing that quasi-judicial decisions are subject to judicial review MOTI MIYAN VS COMMISSIONER, INDORE DIVISION - Madhya Pradesh, SHAMIM VS STATE OF U. P. - Allahabad.
Analysis and Conclusion:
The primary difference between administrative and quasi-judicial acts lies in the nature of the authority's function—administrative acts are executive and non-judicial, while quasi-judicial acts involve adjudicatory functions affecting individual rights and thus require adherence to natural justice principles. Courts consistently emphasize that quasi-judicial acts are subject to judicial review, whereas administrative acts are not, unless law mandates otherwise Baghal Land Loosers Transport Co-operative Societies Ltd. VS State of H. P. - Himachal Pradesh, SHARDA PRASAD MISHRA VS STATE OF MADHYA PRADESH - Madhya Pradesh, Jitinder Singh VS Municipal Corporation, Chandigarh - Punjab and Haryana.
Search Results for "Administrative Act and Quasi Judicial Acts"
2014 0 Supreme(HP) 1913 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN
The court also highlighted the distinction between quasi-judicial acts and administrative acts, emphasizing the duty to act judicially ... It also highlighted the distinction between quasi-judicial acts and administrative acts, emphasizing the duty to act judicially and ... act, but involved quasi-judicial functions as it affe....
1970 0 Supreme(MP) 80 • India - Madhya Pradesh
SURAJBHAN
... The distinction between an administrative, judicial or quasi judicial ... acts turns upon the question, whether the duty of the authority concerned was to act judicially or not. ... Police Regulations–is not judicial enquiry–no question of contempt of Court arises. ... " ... The distinction between an administrative, judicial or quasi-judicial act turns upon the question, whe....
1973 0 Supreme(SC) 203 • India - Supreme Court
A.ALAGIRISWAMI, D.G.PALEKAR
quasi-judicial tribunal - Whether a decision is an administrative one or quasi-judicial has been clearly specified in a number of ... authorities concerned are exercising quasi-judicial functions and that it was necessary to have a speaking order - Appeal allowed ... or at least that he is a hereditary trustee- Whether in appointing trustees under Section 15 (1) (a) of Act Government acts as a ... ... Dealing with the essential cha....
2002 0 Supreme(P&H) 664 • India - Punjab and Haryana
M.M.KUMAR
or quasi-judicial orders affecting individuals' rights. ... or quasi-judicial orders affecting the rights of individuals. ... or quasi-judicial orders affecting individuals' rights. ... The principles of natural justice are so well entrenched in our judicial system that it cannot now be doubted that no administrative or quasi judicial order can be passed adversely affecting the rights of a person without following ....
2012 0 Supreme(Bom) 938 • India - Bombay
B.P.DHARMADHIKARI, A.B.CHAUDHARI
, 1950 is administrative in nature and the Charity Commissioner does not act as judicial or quasi- judicial authority under Section ... The Charity Commissioner functions as an administrative, inquisitive, quasi -judicial as well as judicial authority under the different ... , judicial as well as quasi -judicial and even that he acts as a watchdog and a delegate....
2007 0 Supreme(P&H) 1656 • India - Punjab and Haryana
ADARSH KUMAR GOEL, AJAI LAMBA
, and that the order of reference is an administrative order, not a judicial or quasi-judicial one. ... , and that the order of reference is an administrative order, not a judicial or quasi-judicial one. ... The court also emphasized the administrative nature of the government's decision to make a reference under Section 10 of the Act. ... It is well-settled that though, the authority considering the question wheth....
1968 0 Supreme(Kar) 34 • India - Karnataka
A.R.SOMNATH IYER, M.SADANANDASWAMY
and not a quasi-judicial function. ... The procedure for the investigation of whether the land is needed for a public purpose is an administrative function and not a quasi-judicial ... function and not a quasi-judicial function. ... It cannot in the circumstances be said that the inquiry is a judicial or a quasi-judicial inquiry. " (Page 652 ). ... So, the argument that that opinion should be preceded by an opportu....
1959 0 Supreme(MP) 296 • India - Madhya Pradesh
P.V.DIXIT, N.M.GOLVALKER
GUN LICENCE RENEWAL - INDIAN ARMS ACT, 1959 - SECTION 17, RULES 41, 41-B - ADMINISTRATIVE DECISION - JUDICIAL REVIEW - SCOPE - ... Whether the District Magistrate's refusal to renew the petitioner's gun license was an administrative or quasi-judicial decision. ... The court distinguished between administrative and quasi-judicial decisions, holding that the former are based on the authority's ... Advani, AIR 1950 SC 222, some of the ....
2018 0 Supreme(All) 530 • India - Allahabad
KRISHNA MURARI, SUNEET KUMAR, ASHOK KUMAR
judicial power by a quasi judicial authority under proviso to Section 95(1)(g) while proceeding to cease administrative and financial ... State Government/District Magistrate exercises under proviso to Section 95(1)(g) is a quasi-judicial power exercised by a quasi-judicial ... and financial authority of Pradhan—Whether District Magistrate acts as a Tribunal or as an administrative authority—Power which ... #HL_STA....
1951 0 Supreme(Cal) 202 • India - Calcutta
HARRIES, BANERJEE
Advani, 1950 SCR 621, to distinguish between judicial, quasi-judicial, and administrative acts. 2. ... act and not a judicial or quasi-judicial act. ... The Court held that the Income Tax Officer's notice under Section 46 (5a) was an administrative act and not a judicial or quasi-judicial ... ... ( 44 ) TESTING in the light o....
Filter by Legal Phrase
