Difference

Judicial power vs Judicial decision

The “judicial power” was defined by the witness as a power to decide a question of legal right in a dispute between parties involving either a finding of fact or the application of a fixed rule or principle of law or involving both.”The quasi judicial power,” he defined as meaning “the power of giving decisions on questions of differences of an administrative and not justiciable character which cannot be determined by reference to any fixed law or principle of law but are matters of administrative discretion and judgment.” (Vide Committee of Minister’s Powers, Minutes of Evd. Vol. II, pages 15-16 and also Robson’s Justice and Administrative Law, p. 319). In Cooper v. Wilson, Scott, L. J., quoted with approval and adopted as the basis of his judgment the following passage from the report of the above committee :

“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 of adduced 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 to the dispute and often with the assistance of argument by a finding upon the facts in dispute and

(4) an application of the law of the land to the facts so found, including where required a ruling upon any disputed question of law.

A quasi judicial decision equally presupposes an existing dispute between two or more parties and involves and but does not necessarily involve and never involves. The place of is in fact taken by administrative action, the character of which is determined by the Minister’s free choice.”


THE BHARAT BANK LTD., DELHI Vs THE EMPLOYEES OF THE BHARAT BANK LTD., DELHI AND THE BHARAT BANK EMPLOYEES’ UNION, DELHI

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