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Judgment Search Results Home > Cases Phrase: judicial officers protection act Page 2 of about 56,883 results (0.151 seconds)

Jul 19 1996 (SC)

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

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 .....

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Mar 07 2006 (HC)

Narayan Diwakar Vs. C.B.i.

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 .....

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Apr 24 2009 (HC)

Khanapuram Gandaiah S/O Late Balaiah Vs. the Administrative Officer, R ...

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 .....

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May 15 1970 (HC)

State of Uttar Pradesh Vs. Tulsi Ram and ors.

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 .....

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May 05 2005 (HC)

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

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 .....

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Aug 11 1952 (HC)

Behari Lal Goklaney Vs. the State of Punjab and ors.

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 .....

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Dec 08 1995 (SC)

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

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 .....

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Feb 19 1965 (SC)

Anowar HussaIn Vs. Ajoy Kumar Mukherjee and ors.

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 .....

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Dec 10 1980 (SC)

Rachapudi Subba Rao Vs. Advocate General, Andhra Pradesh

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 .....

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Nov 05 1996 (SC)

In Re: Ajay Kumar Pandey

Court : Supreme Court of India

Reported in : AIR1997SC260; 1997(1)ALD(Cri)298; 1997CriLJ231; (1997)2GLR1435(SC); 1996(8)SCALE37; (1996)6SCC510; [1996]Supp8SCR407

..... available to the judges and magistrates under the judicial officers (protection) act as also the judges (protection) act.43. having seen the entire record, we are fully satisfied that the contemner, by questioning the conduct of the judgesthrough his notice and demanding ..... we are told that justice j.k. mehra and justice s.n. kapoor are the inspecting judges so far as these two judicial officers are concerned. we would request hon'ble judges to give their comments regarding these two officers. the earlier orders of this court in this case may also be sent to the registry of the delhi high court.to ..... against many citizens of the country i.e. advocates, bureaucrats, leaders and police officer, etc. and has punished them but when i filed the contempt petitions against some corrupt people who had defrauded and cheated me and destroyed/ fabricated some judicial record to conceal their nefarious acts by exercising their judicial powers then mr. justice a.s. anand and mr. justice m.k. ..... to act within the sphere of their activity. if, however, litigants and their counsel start threatening the judge or launch prosecution against him for what he has honestly and bona fide done in his court, the judicial independence would vanish eroding the very edifice on which the institution of justice stands. it would also be in violation of the statutory protection .....

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