Supreme Court had occasion to consider the nature of the two kinds of acts, namely, judicial which includes quasi-judicial and administrative, a number of times. In Province of Bombay vs. Khusaldas S. Advani, (1950) SCR 621, it adopted the celebrated definition of a quasi-judicial body given by Atkin L. J. in R. V. Electricity Commissioners, 1924-1 KB 171, which is as follows:
“Whenever any body of persons having legal authority to determine questions affecting rights of subjects, and having the duty to act judicially act in excess of their legal authority they are subject to the controlling jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. of the King’s Bench Division exercised in these writs.”
This definition insists on three requisites each of which must be fulfilled in order that that the act of the body may be a quasi-judicial act, namely, that the body of persons (i) must have legal authority, (ii) to determine questions affecting the rights of subjects, and (iii) must have the duty to act judicially. After analysing the various cases, Das J. (As he then was) laid down the following principles as deducible therefrom in Khusaldas S. Advani’s case (supra):
“(i) That, if a statute empowers an authority, not being a Court in the ordinary sense, to decide disputes arising out of a claimA Claim A claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based. made by any party under the statute which claimA Claim A claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based. is opposed by another party and to determine the respective rights of the contesting parties who are opposed to each other, there is a lis and prima face and in the absence of anything in the statute to the contrary it is the duty of the authority to act judicially and the decision of the authority is a quasi-judicial act; and (ii) that if a statutory authority has power to do any act which will prejudicially affect the subject, then although there are not 2 parties apart from the authority and the contest is between the authority proposing to do the act and the subject opposing it, the final determination of the authority will yet be a quasi-judicial act provided the authority is required by the statute to act judicially.”
Source: Shivji Nathubhai Versus Union of IndiaIndia Bharat Varsha (Jambu Dvipa) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । Read more and others AIR 1960 SC 606 : (1960) 2 SCR 775
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