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september 1950

Supreme Court of India · 1950-09-15

PROVINCE OF BOMBAY vs KUSALDAS S. ADVANI AND OTHERS

Citation / case number
SC 1949/11
Court
Supreme Court of India
Petitioner
PROVINCE OF BOMBAY
Respondent
KUSALDAS S. ADVANI AND OTHERS
Bench
KANIA, HIRALAL J. (CJ)

Judgment text excerpt

The Supreme Court held that a writ of certiorari is not applicable to orders that are administrative in nature, as established under Section 3 of the Bombay Land Requisition Ordinance (V of 1947). The Court found that the requisitioning of land by the Provincial Government was an administrative act, not a judicial or quasi-judicial decision, thus the Bombay High Court lacked jurisdiction to issue the writ. The decision was affirmed by a majority, with dissenting opinions from two judges.

PROVINCE OF BOMBAY vs KUSALDAS S. ADVANI AND OTHERS · Niyam