Skip to content


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

Mar 07 2006

Narayan Diwakar Vs. C.B.I.

  • Decided on : 07-Mar-2006

Court : Delhi

Reported in : 129(2006)DLT258; 2006(88)DRJ78

... court referring to the above judgment of anowar hussain (supra) and the provisions of section 1 of the judicial officers' protection act, 1850, laid down that the section offers 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 ... the case of anowar hussain v. ajoy kumar mukherjee and ors. : 1965crilj686 . in that case the court examined the question of availability of protection and immunity from legal proceedings under the provisions of section 1 of the judicial officers' protection act, 1850. mr.anand heavily relied upon the observations made in para-8 of the said judgment, which is to the following effect:the statute ... is clearly intended to grant protection to judicial officers against suits in respect of acts done or ordered to be done by them in discharge of their duties ...

Tag this Judgment!
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

... court.8. 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 jurisdiction :provided ... 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 himself to have jurisdiction to do or order the same. the expression 'jurisdiction' in this section ... the cause 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 jurisdiction.11 ...

Tag this Judgment!
Feb 19 1965

Anowar Hussain Vs. Ajoy Kumar Mukherjee and Ors.

  • Decided on : 19-Feb-1965

Court : Supreme Court of India

Reported in : AIR1965SC1651; 1965CriLJ686

... the appellant, surjoo prasad, c. j., and deka, j., disagreed. the learned chief justice substantially agreed with the court of first instance that the appellant could not have the protection of the judicial officers protection act, 1850. deka, j., expressed a contrary opinion. the appeal was then referred to mehrotra, j., who agreed with the opinion of sarjoo prasad, c j.8. in this ... was no plea in the written statement that the appellant was, in issuing the order for arrest of the respondent, acting in the discharge of his judicial duty and that on that account he was entitled to the protection of the judicial officers' protection act, 1850. he made an admission (which is already set out) that he had not taken cognizance of the offence. we are ... the only question raised is that in ordering the arrest of the respondent the appellant acted in discharge of his judicial duties, and be was on that account protected by the judicial officers' protection act, 1850. section 1 of the act, in so far as it is material, provided:'no judge, magistrate, * * * collector or other person acting judicially shall be liable to be sued in any civil court for any ... against the respondent. even though no express issue arose on the pleadings that the appellant was protected in respect of the acts done by him by the judicial officers' protection act, 1850, the court of first instance, it appears, allowed that plea to be raised, and held that on the evidence it was clear that the appellant in issuing an ...

Tag this Judgment!
Dec 12 2008

E. Giri Yadav. M.A. Vs. Union of India (UOI) rep. by its Secretary, La ...

  • Decided on : 12-Dec-2008

Court : Andhra Pradesh

Reported in : 2009(3)ALT304

... of their judicial duty irrespective of whether they perform such duty within the limits of their jurisdiction ... standards of morality and rectitude are in doubt may not have judicial independence and may not commend the confidence of the public.24. the learned judges also observed that various protections are afforded to judges to preserve independence of the judiciary under the judicial officers protection act, 1850. they are exempted of civil liability for any act done or ordered to be done by then'! in discharge ... the statutes demonstrate that judges are not free from the legal process in all their activities. the supreme court, conscious of this fact, prescribed certain guidelines for the protection of judges. in u.p. judicial officers' association v. union of india (1994) 4 scc 687 : 1994 (2) alt (crl.) 16 (d.n), it was held that no crime or criminal case shall be ...

Tag this Judgment!
May 15 1970

State of Uttar Pradesh Vs. Tulsi Ram and Ors.

  • Decided on : 15-May-1970

Court : Allahabad

Reported in : AIR1971All162

... had been acquitted. he failed to apply his mind to the facts of the case or to directions given to him. it cannot be said that he was protected at all by the judicial officers' protection act in signing warrants negligently. 12. it has been contended on be half of the state that the ahalmad was the person really responsible and that he has not ... anowarhussain v. ajoy kumar, air 1965 sc1651 to contend that an officer acting in executive capacity is not entitled to the protection conferred by section 1 of the judicial officers' protection act. the preamble of this act says: 'for the greater protection of magistrates and others acting judicially;........... the latter part of section 1, however, also covers executive acts of officers of court and other persons who are bound to execute the lawful ... law and not by the state government. this as already pointed out, still leaves the individual liability of the government servant committing the tortious act intact unless he is otherwise protected. 10. the courts below had heldthat the judicial officer was protected by the provisions of the judicial officers' protection act of 1850 which reads as follows:-- '1 no judge, magistrate. justice of the peace. collector or other person ...

Tag this Judgment!
Jul 19 1996

Dr. D.C. Saxena, Contemnor Vs. Hon'ble the Chief Justice of India

  • Decided on : 19-Jul-1996

Court : Supreme Court of India

Reported in : 1996VAD(SC)404; AIR1996SC2481; 1996CriLJ3274; JT1996(6)SC529; 1996(5)SCALE233; (1996)5SCC216; [1996]Supp3SCR677

... the constitution and the laws and to administer justice in accordance therewith in tune with the oath of his office. the protection of article 124(4) 121 211, the judicial officers protection act and the judges (protection) act is to ensure independence to the judiciary. threat to judicial process is a challenge to the authority of the court or majesty of justice. it would be ex-facie ... article 129 of the constitution de horse the power under section 12 of the act.53. item 7 relates to the imputation that the chief justice of india gets no judicial protection unlike the president of india for being prosecuted even while chief justice a.m. ahmadi holds office as chief justice of india and is accordingly liable to prosecution. this bravado ... not only impinges upon the protection given by article 124(4) of the constitution and under relevant ... provisions of the protection of official act ex facie it is an outrageous tendency to lower the authority of the court and interference with judicial administration. the assertion ...

Tag this Judgment!
Apr 24 2009

Khanapuram Gandaiah S/o Late Balaiah Vs. The Administrative Officer, R ...

  • Decided on : 24-Apr-2009

Court : Andhra Pradesh

Reported in : AIR2009AP174; 2009(4)ALT184

... shall be liable to be sued in any civil court for any act done or ordered to be done by him in discharge of his judicial duty. section 1 of the judicial officers' protection act, 1850, which gives such a protection, reads as under: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.23. as observed in cases of teyen v. ram lal ilr ... v. union of india : air2004sc1442 and m. nagaraj v. union of india : air2007sc71 .7. it has also been submitted on behalf of the petitioner that the act does not give any special protection to the judicial officers and the right to information, which is a fundamental right of a citizen, cannot be taken away by refusing to provide the information sought for by the ...

Tag this Judgment!
May 05 2005

Sukhdev Steel Cutters and Welders, through its Proprietress Smt. Ira S ...

  • Decided on : 05-May-2005

Court : Allahabad

Reported in : 2006(2)AWC1119; 2005(3)ESC1642

... . air 1999 sc 577.section 1 of the judicial officers' protection act, 1850 reads as under:-'no judge, magistrate, justice of the piece, 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....'16. protection under this act is absolute so long the action has been ... subba rao v. the advocate-general, andhra pradesh, : 1981crilj315 .17. on the same principle and to provide similar protection, judges (protection) act, 1985 was enacted. it was found necessary to enact the said act to enable judges to act fearlessly and impartially in the discharge of their judicial duties. it will be difficult for the judges to function if their actions in court are made subject ... who have legal authority to determine questions affecting the rights of parties in a judicial manner. (vide province of bombay v. khushaldas s. advani : [1950]1scr621 .23. the protection may extend even to an officer having an obligation to perform quasi-judicial functions.24. whether an act is a judicial or a quasi judicial one or a purely executive one, depends on the terms of the particular ...

Tag this Judgment!
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

... 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. the names of these two defendants have been struck oil the plaint in pursuance of these findings. the plaintiff has come to this court in revision against these two ... days in order to oblige the police were true, i am of the opinion, as was the lower court, that no action can proceed against him in view of the judicial officers' protection act. thus the decision of the lower court regarding both the state and the defendant magistrate was correct.7. the learned counsel for the petitioner may be correct when he says ... j. that the suit was dismissed on the finding that from the statement of facts given in the plaint cognizance of the suit was forbidden by the provisions of the judicial officers' protection act. piggott j., however, was of the opinion that the second of the allegations brought by the plaintiff, namely that the defendant had brought a false charge against him knowing it ... in the plaint against defendant 1, i.e., the state, and whether the suit could proceed against defendant 4, i.e., the magistrate, in view of the provisions of the 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 ...

Tag this Judgment!
Dec 08 1995

S.P. Goel Vs. Collector of Stamps, Delhi

  • Decided on : 08-Dec-1995

Court : Supreme Court of India

Reported in : 1996IAD(SC)154; AIR1996SC839; 1996(1)CTC551; JT1995(9)SC545; 1995(7)SCALE174; (1996)1SCC573; [1995]Supp6SCR340

... at some stage in the matter of determination of stamp duty. the courts and the officers are thus component of one and the same set up under these acts. the presiding officers of the courts are protected under the judicial officers (protection) act, 1850, read with the judges (protection) act, 1985. but, so far the officers are concerned the position is a little different.39. we are, however, in the instant ... case, concerned with the question of protection of 'collector' and, therefore, we are not considering the question of protection of 'other officers'.40. section 1 of the judicial officers (protection) act, 1850 ... provides, inter alia, ps under:1. 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 ...

Tag this Judgment!
Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //