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Judgment Search Results Home  Phrase:judicial officers protection act  Page:2

Dec 24 1964

H.W.F. D'Souza Vs. Chandrikasingh

  • Decided on : 24-Dec-1964

Court : Madhya Pradesh

Reported in : AIR1966MP223

... the suit be dismissed as he is a judicial officer and is protected by the Judicial Officers Protection Act, 1850. The trial Judge has postponed decision of that issue saying that it would be decided after recording evidence of both the parties inasmuch as before any protection is given to the defendant, the fact that he had jurisdiction to do the acts complained of is to be established and ... the plaintiff's arrest.5. Section 1 of the Judicial Officers' Protection Act (No. XVIII of 1850) enacts that no Judge, Magistrate, Justice of the Peace, Collector or other person acting judicially shall be liable to be sued in any civil Court for any act done or ordered to be done by him in the discharge of his judicial duty, whether or not within the limits of ... should be dismissed as he is protected and that there can be no enquiry whatever as to malice or otherwise, nor even as to absence of an occasion to effect the plaintiff's arrest.5. Section 1 of the Judicial Officers' Protection Act (No. XVIII of 1850) enacts that no Judge, Magistrate, Justice of the Peace, Collector or other person acting judicially shall be liable to ... act judicially.'In that case, Franklin v. Minister of Town andCountry Planning (1947) 2 All ER 289, wasreferred to. See also Sharp v. Wakefield 1891AC 173 (179) and Labour Relations Board v.John East Iron Works Ltd., 1948 AC 134 (149).9. As I read Section 1 of the Judicial Officers' Protection Act, 1850, it seems clear that the words 'in the discharge of his judicial ...

Jul 18 1984

Hamid Raza Vs. Supdt., Central Jail and Anr.

  • Decided on : 18-Jul-1984

Court : Madhya Pradesh

Reported in : 1985CriLJ642

... the protection of Magistrates and others acting judicially, the Judicial Officers Protection Act, 1850 was enacted. Section 1 is as under :1. Non-liability to suit of officers acting judicially, for official acts done in good faith, and of officers executing warrants arid orders. No Judge, Magistrate, Justice of the peace, Collector or other person acting judicially shall be liable to be sued in any Civil Court for any act done ... issued by the Second Addl. Sessions Judge Under Section 425 of the Code of Cr. Procedure. This act was done by the Second Addl. Sessions Judge while performing his judicial functions. Therefore, he is fully protected under Section 1 of the Judicial Officers Protection Act, in spite of the fact that there was a mistake in the warrant in mentioning that both ... Judicial Officers Protection Act, in spite of the fact that there was a mistake in the warrant in mentioning that both the sentences were to run concurrently.6. Shri Dharmadhikari tried to suggest that since the warrant was issued by the clerk of the Court and not by the Presiding Judge the said clerk of the Court is not protected under Act ... protected under Section 1 of the Judicial Officers Protection Act, in spite of the fact that there was a mistake in the warrant in mentioning that both the sentences were to run concurrently.6. Shri Dharmadhikari tried to suggest that since the warrant was issued by the clerk of the Court and not by the Presiding Judge the said clerk of the Court is not protected ...

Jan 06 1989

The Executive Officer, Arulmigu Ranganathaswami Devasthanam Vs. His Ho ...

  • Decided on : 06-Jan-1989

Court : Chennai

Reported in : (1989)2MLJ54

... acting judicially within the meaning of the Judicial Officers Protection Act, 1850', it could be seen that to cover the Commissioner and the Deputy Commissioner also with protection given under the Judicial Officers Protection Act they must be deemed to be a person acting judicially. Thus it is for the limited purpose they are deemed to be persons acting judicially ... acting judicially within the meaning of the Judicial Officers Protection Act and therefore passing an order by the Commissioner and the Deputy Commissioner is a judicial act and not an official act within the meaning of Section 80, C.P.C. We find there is no merit in this submission. From the words 'the Commissioner or a Deputy Commissioner ... acting judicially within the meaning of the Judicial Officers Protection Act ... judicial act and not an official act within the meaning of Section 80, C.P.C. We find there is no merit in this submission. From the words 'the Commissioner or a Deputy Commissioner ... acting judicially within the meaning of the Judicial Officers Protection Act, 1850', it could be seen that to cover the Commissioner and the Deputy Commissioner also with protection given under the Judicial Officers Protection Act ...

Apr 10 2013

S.Velankanni Vs. Chitradevi

  • Decided on : 10-Apr-2013

Court : Chennai

... acts were protected under the Judicial Officers Protection Act, 1850, is also not tenable. Section 1 of the Judicial Officers Protection Act, 1850 reads as under: "1.Non-Liability To Suit Of Officers Acting Judicially, For Official Acts Done In Good Faith And Of Officers Executing Warrants And Orders.- No Judge, Magistrate, Justice Of The Peace, Collector Or Other Person Acting Judicially Shall Be Liable To Be Sued In Any Civil Court For Any Act ... act of Respondent No.2 was not bonafide in nature.30. The contention of Respondent No.2 that her acts were protected under the Judicial Officers Protection Act, 1850, is also not tenable. Section 1 of the Judicial Officers Protection Act, 1850 reads as under: "1.Non-Liability To Suit Of Officers Acting Judicially, For Official Acts Done In Good Faith And Of Officers ... Judicial Officers Protection Act, 1850 reads as under: "1.Non-Liability To Suit Of Officers Acting Judicially, For Official Acts Done In Good Faith And Of Officers Executing Warrants And Orders.- No Judge, Magistrate, Justice Of The Peace, Collector Or Other Person Acting Judicially Shall Be Liable To Be Sued In Any Civil Court For Any Act Done Or Ordered To Be Done By Him In The Discharge Of His Judicial ... has acted in a judicial and judicious manner and has discharged her duties in good faith and her judicial acts were duly protected under the Judicial Officers' Protection Act, 1850. It is also the stand of the second respondent that there are no allegations that she acted ...

Mar 07 1973

Ramlal Kanhaiyalal Somani a partnership firm Vs. Ajit Kumar Chatterjee ...

  • Decided on : 07-Mar-1973

Court : Kolkata

Reported in : AIR1973Cal372

... Judicial Officers Protection Act, provided he has acted in good faith. In this case, as already discussed by us, clearly the first respondent believed in good faith that he was bound to execute the order and attach the properties of the partnership firm by actual seizure and therefore in any view of the matter he is entitled to protection under Section 1 of the judicial Officers Protection Act ... again on Udharam's case AIR 1937 Sind 281, in the Court of the Judicial Commissioner of Sind (supra) to show that where the subordinate authority acted beyond his permissible limits, it could not seek protection under Section 1 of the Judicial Officers Protection Act, only on the ground that he acted in good faith. Mr. Das has also relied on a passage from Pollock ... authority acted beyond his permissible limits, it could not seek protection under Section 1 of the Judicial Officers Protection Act, only on the ground that he acted in good faith. Mr. Das has also relied on a passage from Pollock on Torts, 15th Ed. pages 85-86 to show that the same view was adopted by the learned author namely that 'an Officer arresting ... officer acted in good faith and not whether he was actuated by malice. Clearly there is a distinction between good faith and malice. This court has held in Sewalram Agarwalla's case AIR 1938 Cal 177 (supra), as noticed earlier, that an officer is protected in carrying out an order of the Court, even in excess of jurisdiction under Section 1 of Judicial Officers Protection Act ...

Dec 10 1980

Rachapudi Subba Rao Vs. Advocate General, Andhra Pradesh

  • Decided on : 10-Dec-1980

Court : Supreme Court of India

Reported in : AIR1981SC755; 1981CriLJ315; (1981)2SCC577; [1981]2SCR320

... The contention is clearly unsustainable. Section 1 of the Judicial Officers' Protection Act, 1850 provides :No Judge, Magistrate, Justice of the Peace, Collector or other person acting judicially shall be liable to be sued in any Civil Court for any act done or ordered to be done by him in the discharge of his judicial duty, whether or not within the limits of his ... or proceeding. It follows that if the judicial officer is found to have been acting in the discharge of his judicial duties, then, in order to exclude him from the protection of this statute, the complainant has to establish that (1) the judicial officer complained against was acting without any jurisdiction whatsoever, and (2) he was acting without good faith in believing himself to have ... and Ors. : 1965CriLJ686 the Section affords protection to two broad categories of acts done or ordered to be done by a judicial officer in his judicial capacity. In the first category fall those acts which are within the limits of his jurisdiction. The second category encompasses those acts which may not be within the jurisdiction of the judicial officer, but are, nevertheless, done or ... entertained as to whether the act done or ordered to be done was erroneous, or even illegal, or was done or ordered without believing in good faith.10. In the case of acts of the second category, the protection of the statute will be available if at the time of doing, ordering the act, the judicial officer acting judicially, in good faith believed ...

Oct 31 1960

State of Madhya Pradesh Vs. Singhai Kapoorchand of Seoni

  • Decided on : 31-Oct-1960

Court : Madhya Pradesh

Reported in : AIR1961MP316

... Officer in exercise of his powers under the Land Revenue Act and the rules made thereunder.21. There is another reason why the State Government cannot be held to be liable. The Sub-Divisional Officer was acting under the statutory powers which were, more or less, of a judicial nature. He is, therefore, protected under Section 1 of the Judicial Officers Protection Act. Further the Sub-Divisional Officer had acted ... judicial enquiry into the matter had to be made by the Sub-Divisional Officer. Further an appeal lay to the Board of Revenue under Section 33 of the Land Revenue Act which shows that the proceedings were of a judicial nature. Accordingly, if the officer acted in good faith, Section 1 of the Judicial Officers Protection Act completely protected ... Officer. Further an appeal lay to the Board of Revenue under Section 33 of the Land Revenue Act which shows that the proceedings were of a judicial nature. Accordingly, if the officer acted in good faith, Section 1 of the Judicial Officers Protection Act completely protected him,9. Shri A. P. Sen contends that the rules framed under Section 202 of the Land Revenue Act ...

Aug 12 1985

Court on its own Motion Vs. Shamsher Singh Bedi and Ors.

  • Decided on : 12-Aug-1985

Court : Punjab and Haryana

Reported in : 1986CriLJ293

... protection under the Judicial Officers' Protection Act is not an absolute protection but it is only a qualified protection and where a Magistrate acts illegally, mala fide and without jurisdiction in the matter of arrest he would be liable in tort to pay damages.Section 1 of the Judicial Officers' Protection Act, 1850 is as; -No Judge. Magistrate, Justice of the Peace, Collector or other person acting judicially ... judicial Officer. The right to file a suit, if not restrained by the Judicial Officers' Protection Act, 1850, does not give the party a right to malign an officer, who passed the orders, by urging that it is only the malicious act of such an officer, which can be the basis of the suit. On this pretext libellous language cannot be used to malign the officer ... protection but it is only a qualified protection and where a Magistrate acts illegally, mala fide and without jurisdiction in the matter of arrest he would be liable in tort to pay damages.Section 1 of the Judicial Officers' Protection Act, 1850 is as; -No Judge. Magistrate, Justice of the Peace, Collector or other person acting judicially shall be liable to be sued in any Civil Court for any act ... to pay damages.Section 1 of the Judicial Officers' Protection Act, 1850 is as; -No Judge. Magistrate, Justice of the Peace, Collector or other person acting judicially shall be liable to be sued in any Civil Court for any act done or ordered to be done by him in the discharge of his judicial duty, whether or not within the ...

Jul 28 2006

N.V. Shamsunder, Civil Judge (Sr. Dn.) Vs. Savitabai Wd/o Sambhirmal S ...

  • Decided on : 28-Jul-2006

Court : Mumbai

Reported in : 2006(6)ALLMR139; 2006(5)MhLj639

... Acts, it would be appropriate to quote Section 1 of the Judicial Officers' Protection Act of 1850 and Section 3 of the Judges (Protection) Act, 1985. Section 1 of the Judicial Officers Protection Act of 1850 reads as under:1. Non-liability to suit of officers acting judicially, for official acts done in good faith and of officers executing warrants and order:- No Judge, Magistrate, Justice of Peace, Collector or other person acting judicially ... Judicial Officers' Protection Act of 1850 and Section 3 of the Judges (Protection) Act, 1985. Section 1 of the Judicial Officers Protection Act of 1850 reads as under:1. Non-liability to suit of officers acting judicially, for official acts done in good faith and of officers executing warrants and order:- No Judge, Magistrate, Justice of Peace, Collector or other person acting judicially shall be liable to be sued in any Civil Court for any act ... Judicial Officers Protection Act of 1850 reads as under:1. Non-liability to suit of officers acting judicially, for official acts done in good faith and of officers executing warrants and order:- No Judge, Magistrate, Justice of Peace, Collector or other person acting judicially shall be liable to be sued in any Civil Court for any act done or ordered to be done by him in the discharge of his judicial ... barred under the Judicial Officers Protection Act of 1850 (hereinafter referred to as The 1850 Act) and the Judges (Protection) Act, 1985 (hereinafter referred to as The 1985 Act). The plaintiffs by ...

Aug 11 1952

Behari Lal Goklaney Vs. The State of Punjab and Ors.

  • Decided on : 11-Aug-1952

Court : Punjab and Haryana

Reported in : AIR1953P& H188

... Judicial Officers' Protection Act (18 of 1850) is a very short Act, consisting of a preamble and one section which read:'Preamble For the greater protection of Magistrates and others acting judicially; it is enacted as follows: 1. No Judge, Magistrate, Justice of Peace, Collector, or other person acting judicially, shall be liable to be sued in any Civil Court, for any act ... Judicial Officers' Protection Act of 1850. All these preliminary issues have been dealt with by one order of the lower Court and on most points it decided in the plaintiffs favour, but on two it decided against him, namely that no cause of action was disclosed against the State, and that the Magistrate was protected by the Judicial Officers' Protection Act ... Officer. It does not seem that the plaintiff was ever actually brought to trial and the case was cancelled in February 1949, but even this is made into a grievance by the plaintiff.4. The Judicial Officers' Protection Act (18 of 1850) is a very short Act, consisting of a preamble and one section which read:'Preamble For the greater protection of Magistrates and others acting judicially ...

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