AIR 1959 BOMBAY 372 ::61 Bom LR 1 ::ILR (1959) Bom 923

Bombay High Court

Hon'ble Judge(s): Chagla , C.J. AND S. T. Desai , J

(A) Constitution of India , Art.226— Administrative and quasi-judicial order - Difference between. The difference between an administrative and a quasi-judicial order does not lie merely in this that in the case of a quasi-judicial order a writ of certiorari can be issued. The more fundamental difference between the two orders is that in the case of a quasi-judicial order the Court must require and demand from the authority exercising Iris functions that he will conform to the judicial process.(Para 3) Anno : AIR Com. Const. of India, Art. 226 N. 182. (B) Constitution of India , Art.226— Quasi-judicial orders - Test. In deciding whether certain order is a quasi-judicial order or not, as far as India is concerned, the test that has got to be applied is the test laid down by the Supreme Court in Province of Bombay v. Khushaldas S. Advani, AIR 1950 SC 222.(Para 4) Advani's case did not lay down anything new. It laid down a test which has become a locus classicus in any decision dealing with quasi-judicial or administrative orders, and the test is the famous test laid down by Lord Justice Atkin in Rex v. Electricity Commissioners; Ex parte London Electricity Joint Committee Co., (1924), 1 K.B. 171, an....