QUASI-JUDICIAL

Quasi-judicial:—

Where statutory authority is required to act judicially by holding an enquiry before taking decision, held, even in absence of any lis or contest between the contending party, such authority acts quasi-judicially and its decision is quasi-judicial. The legal principle as to when an act of a statutory authority would be a quasi-judicial act, is that where

(a) a statutory authority empowered under a statute to do any act

(b) which would prejudicially affect the subject

(c) although there is no lis or two contending parties and the contest is between the authority and the subject and

(d) the statutory authority is required to act judicially under the statute, the decision of the said authority is quasi-judicial, Indian National Congress (1) v. Institute of Social Welfare(2002) 5 SCC 685

An authority may be described as a quasi-judicial authority when it possesses certain attributes or trappings of a “court”, but not all, State of Gujarat v. Gujarat Revenue Tribunal Bar Assn.(2012) 10 SCC 353 : (2013) 1 SCC (L&S) 56 : (2013) 1 SCC (Cri) 35 : (2012) 4 SCC (Civ) 1229. A quasi-judicial function has been termed to be one which stands midway a judicial and an administrative function. The dictionary meaning of the word “quasi” is “not exactly”. Thus, an authority is described as quasi-judicial when it has some of the attributes or trappings of judicial functions, but not all, State of H.P. v. Raja Mahendra Pal(1999) 4 SCC 43. The concept of a 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, Gullapalli Nageswara Rao v. A.P. SRTCAIR 1959 SC 308, 326 : 1959 Supp (1) SCR 319 : (1959) 2 MLJ 156.

Case-Law:—

Mahabir Prasad v. State of U.P., AIR 1970 SC 1302.
State of Gujarat v. Krishna Cinema, AIR 1971 SC 1650.

Chowgule & Co. v. Union of India, AIR 1971 SC 2021.

Bhagat Ram v. State of Punjab, AIR 1972 SC 1571. 

Durga Shankar Mehta v. Raghuraj Singh, AIR 1954 SC 520.

State of Madras v. A.R. Srinivasan, AIR 1966 SC 1827

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