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Showing contexts for: parlakimedi in Debendra Bandhu Lahiri vs The State Of West Bengal And Ors. on 15 January, 1952Matching Fragments
"It is not necessary that it should be a Court in the sense in which this Court is a Court; it is enough if it is exercising, after hearing evidence, judicial functions in the sense that it has to decide on evidence between a proposal and an opposition; and it is not necessary to be strictly a Court; if it is a tribunal which has to decide rights after hearing evidence and opposition, it is amenable to the writ of certiorari "
Slesser L. J. in his judgment at p. 243 separated the four conditions laid down by Atkin L. J. under which a rule for certiorari may issue. They are : wherever any body of persons (1) having legal authority (2) to determine questions affecting rights of subjects and (3) having the duty to act judicially (4) act in excess of their legal authority a writ of certiorari may issue. He examined each of these conditions separately and came to the conclusion that the existence of each was necessary to determine the nature of the act in question. These tests were accepted and applied in the case of The Ryots of Garabandho v. Zamindar of Parlakimedi, by the Judicial Committee 70 Ind. App. 129 (P. C.).