M/S. Harinagar Sugar Mills Ltd vs Shyam Sundar Jhunjhunwala And Others on 25 April, 1961
In Harinagar Sugar Mills Ltd. v. Shyam Sunder Jhunjhunwala [AIR 1961 SC
1669] Hidayatullah, J. (as His Lordship then was) made a distinction between a
"court" and a "tribunal" as is explained hereunder : (AIR p. 1680, para 32)
"32. ... These tribunals have the authority of law to pronounce upon valuable
rights; they act in a judicial manner and even on evidence on oath, but they are
not part of the ordinary courts of civil judicature. They share the exercise of the
judicial power of the State, but they are brought into existence to implement some
administrative policy or to determine controversies arising out of some
administrative law. They are very similar to courts, but are not courts. When the
Constitution speaks of „courts‟ in Article 136, 227 or 228 or in Articles 233 to 237
or in the Lists, it contemplates courts of civil judicature but not tribunals other
than such courts. This is the reason for using both the expressions in Articles 136
and 227.