SUBDIVISIONAL MAGISTRATE Vs. AMRJITCHOURASIA

JUDGEMENT

(1.) APART from and independently of the aspects of the lack of bona fides or mala fides, in the matters of control and jurisdiction, whether in connection with the judicial review of administrative or executive action, whether with reference to the satisfaction of conditions requisite for initiation of proceedings under Chapter XIV of the Criminal Procedure Code or whether in relation to the entertainment of the proceedings under the Contempt of courts Act, 1971, the Courts have always considered the authority as co-relative with functions irrespective of its designation or nomenclature. The courts have always been concerned with the facet of decision making with reference to the authority The Courts have always considered as to whether the authority concerned in matters was a decision making authority, or was an authority capable of rendering executive decisions.

(2.) ANY authority acquires the description relevant for the purpose when in terms of its function, the following aspects manifest in relation thereto.

(3.) A true judicial decision pre-supposes an existing dispute between two or more parties and then involves four requisites: