Skip to content

Filter by :

Search Results Judgments > Phrase:JUDICIAL OFFICERS' PROTECTION ACT

Jun 27 1958

Anowar Hussain and Anr. Vs. Ajoy Kumar Mukherjee and Ors.

  • Decided on : 27-Jun-1958

Court : Guwahati

... protection under the Judicial Officers' Protection Act. The onus is on the appellant to establish that his action was justified under law. The preamble of the Judicial Officers' Protection Act (hereinafter called the Act) and Section I read as follows : 'For the greater protection of Magistrates and others acting judicially, it is enacted as follows : (1) No Judge, Magistrate, Justice of the Peace, Collector or other person acting judicially ... Judicial Officers Protection Act, 1950, and whether the defendants can ask for any immunity from bring sued in the civil court. It is an one paragraphed Act and runs as follows : 'An Act for the protection of Judicial Officers. For the greater protection of Magistrate and others acting judicially; It is enacted as fellows : 1. No Judge, Magistrate, Justice of the Peace, Collector or other person acting judicially ... Judicial Officers' Protection Act (hereinafter called the Act) and Section I read as follows : 'For the greater protection of Magistrates and others acting judicially, it is enacted as follows : (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 act done or ordered to be done by him in the discharge of his judicial ...

Dec 30 1981

S.P. Gupta Vs. President of India and Ors.

  • Decided on : 30-Dec-1981

Court : Supreme Court of India

Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365

... judicial office in the territory of India or been an advocate of a High Court, there shall be included any period before the commencement of this Constitution during which he has held judicial office in any area which was comprised before the fifteenth day of August, 1947, within India as defined by the Government of India Act ... Nor need the appellants, in order to succeed in this action, ask the Court to enter upon policy determinations for which judicially manageable standards are lacking. Judicial standards under the Equal Protection Clause are well developed and familiar, and it has been open to courts since the enactment of the Fourteenth Amendment ... the period during which a person has held judicial office in the territory of India there shall be included any period, after he has held any judicial office, during which the person has been an advocate of a High Court or has held the office of a member of a tribunal or any ... which the person has held judicial office or the office of a member of tribunal or any post, under the Union or a State, requiring special knowledge of law after he became an advocate; (b) in computing the period during which a person has held judicial office in the territory of India or ... judicial office in the territory of India: or(b) has for at least ten years been an advocate of a High Court or of two or more such Courts in succession. Explanation -- For the purpose of this clause--(a) in computing the period during which a person has held judicial office ...

May 02 2012

E.S. Sanjeeva Rao Vs. Central Bureau of Investigation)(C.B.I.), Mumbai ...

  • Decided on : 02-May-2012

Court : Mumbai

... protection is given to a Judge under the Judges (Protection) Act, 1985. Initially, the Judicial Officers' Protection Act, 1850 gave protection to judges while they were discharging duties as Judicial Officers in deciding civil suits. However, the Act was repealed and under the Judges (Protection) Act, 1985 the Judge is also granted protection ... Protection) Act, 1985. Initially, the Judicial Officers' Protection Act, 1850 gave protection to judges while they were discharging duties as Judicial Officers in deciding civil suits. However, the Act was repealed and under the Judges (Protection) Act, 1985 the Judge is also granted protection from being prosecuted in a criminal case as per the provisions of section 3(1). It would be relevant, therefore, to take into consideration the said additional protection ... acting judicially, will not be treated as an offence. Here, the word "good faith" is in respect of exercise of any power which he believes to be given to him by law. Similar protection is given to a Judge under the Judges (Protection) Act, 1985. Initially, the Judicial Officers' Protection Act, 1850 gave protection to judges while they were discharging duties as Judicial Officers in deciding civil suits. However, the Act ...

Nov 16 1956

Homi D. Mistry Vs. Shree Nafisul Hussan

  • Decided on : 16-Nov-1956

Court : Mumbai

Reported in : (1958)60BOMLR279

... Act. itself.56. For the purpose of approaching the Act one must realise the correct position of the Assembly, namely whether it was acting in the exercise of its duties as a judicial body. The question is whether the Act has application to a Legislature acting in a contempt proceeding. The Act is entitled 'Judicial Officers Protection Act' and it says it is an Act for the protection of judicial officers ... Act has application to a Legislature acting in a contempt proceeding. The Act is entitled 'Judicial Officers Protection Act' and it says it is an Act for the protection of judicial officers. The immunity prescribed under Section 1 is exceedingly wide and the reason for that is set out in numerous authorities which I need not refer to, namely that complete immunity should be extended to all judicial officers, so that they may act ... Judicial Officers Protection Act and referred me to the Constables Protection Act of 1750, 24 Geo. II, Chap. 14, and Halsbury Statutes Vol. XVIII, p. 10. He also referred to the Justices Protection Act of 1848 and 12 Vic. Chap. 44 and the Public Authorities Protection Act of 1853, 56 and 57 Vic. Chap. 51. As far as the position of the law in India is concerned, prior to the Judicial Officers Protection Act ...

Apr 28 1976

Additional District Magistrate, Jabalpur Vs. Shivakant Shukla

  • Decided on : 28-Apr-1976

Court : Supreme Court of India

Reported in : AIR1976SC1207; 1976CriLJ945; (1976)2SCC521; [1976]SuppSCR172; 1976(8)LC610(SC)

... subject to well defined procedures safeguarding human dignity, authorise the temporary detention of persons for reasons specified in the law. By that means 'the executive can act as emergency may require but the ultimate judicial protection of individual liberty is preserved. Members hold strongly that it is a fundamental principle that the individual should never be deprived of the means of testing the ... results, however, between Martial Law and conditions resulting from a Presidential Order under Article 359(1) is that, if no provision is made by an Act of Indemnity, the civil liabilities of military or civil officers, acting mala fide and outside the law, are not removed ipso facto by either Martial Law or the Proclamation of Emergency.415. In Halsbury's Laws of ... have subjected the acts of administrators to challenge in the courts on the basis of ultra vires, and provided for judicial review of administrative tribunals' rending of law. 167. To use the words of Justice Brandeis Olmstead v. United States, 277 U. S. 438(1928) with some modification, experience should, teach us to be most on our guard to protect liberty when ... a right to personal freedom but only to obtain damages for a wrong done which is not protected by the terms of Section 16 of the Act. The possibility of such a suit should be another deterrent against dishonest use of these powers by detaining officers.412. Mr. Mayakrishnan, learned Counsel for one of the detenus, contended that state of emergency, resulting ...

Mar 11 1994

S.R. Bommai and others etc. etc. Vs. Union of India and others etc. et ...

  • Decided on : 11-Mar-1994

Court : Supreme Court of India

Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644

... nation, secularism, socialism, social justice and judicial review are basic features of the Constitution.328. The office of the Governor is a vital link and a channel of impartial and objective communication of the working of the Constitution by the State Government to the President of India. He is to ensure protection and sustenance of the constitutional process of ... .315. The Constitution was amended more than 77 times and Article 356 itself was amended six times through the Constitution Section 38th Amendment Act; 42nd Amendment Act: 44th Amendment Act; 59th Amendment Act; 64th Amendment Act and 68th Amendment Act. Apart from the Congress Party, three non congress political parties were in power at the center during these 44 years and no ... advice tendered by the Council of Ministers. Therefore, they are immuned from judicial scrutiny though every order passed by the President does not receive the protection under Article 74(2) or Section 123 of the Evidence Act.278. The question, therefore, is what is the scope of judicial review of the presidential proclamation under Article 356. Though the arm of ... law or jurisdiction in reaching the decision or making the order. The judicial review is, therefore, is a protection, but not a weapon. The Court with an avowed endeavour to render justice, applied principles of natural justice with a view to see that the authority would act fairly. Therefore the grounds of illegality, irrationality, unreasonableness, procedural impropriety and in ...

Apr 28 1961

Smt. Ujjam Bai Vs. State of Uttar Pradesh

  • Decided on : 28-Apr-1961

Court : Supreme Court of India

Reported in : [1963]1SCR778; [1963]Supp2SCR778

... Sales Tax Officers are at best only quasi judicial officers, and they cannot be put on the same footing as regular Courts. It is argued that sales tax authorities are Officers of Government to whom is entrusted the work of levy and collection of taxes, that that is primarily an executive function, that the officers have, no doubt, to act judicially in ... Officer when he is performing judicial or quasi-judicial function. The argument of the learned Attorney General comes to this that even though in the performance of quasi-judicial functions that Taxing Officer may have many of the trappings of a court still he is not a court and therefore the decision of the taxing authority in the present case was not entitled to the protection ... discharge of their duties adopting, as far as possible, the principles of judicial procedure. Nonetheless, they are only executive bodies. They may have the trappings of a court, but the officers manning the same have neither the training nor the institutional conditions of a judicial officer. Every Act designed to further the social and economic progress of our country or ... conditions of a judicial officer. Every Act designed to further the social and economic progress of our country or to raise taxes, constituted some tribunal for deciding disputes arising thereunder, such as income-tax authorities, Sales-tax authorities, town planning authorities, regional transport authorities, etc. A scrutiny of the provisions of the U.P. Sales-tax Act with which ...

Apr 28 1991

Ujjam Bai. Vs. State of Uttar Pradesh.

  • Decided on : 28-Apr-1991

Court : Supreme Court of India

Reported in : AIR1962SC1621; 1963(1)SCR778

... Sales Tax Officers are at best only quasi judicial officers, and they cannot be put on the same footing as regular Courts. It is argued that sales tax authorities are Officers of Government to whom is entrusted the work of levy and collection of taxes, that that is primarily an executive function, that the officers have, no doubt, to act judicially in ... Officer when he is performing judicial or quasi-judicial function. The argument of the learned Attorney General comes to this that even though in the performance of quasi-judicial functions that Taxing Officer may have many of the trappings of a court still he is not a court and therefore the decision of the taxing authority in the present case was not entitled to the protection ... discharge of their duties adopting, as far as possible, the principles of judicial procedure. Nonetheless, they are only executive bodies. They may have the trappings of a court, but the officers manning the same have neither the training nor the institutional conditions of a judicial officer. Every Act designed to further the social and economic progress of our country or ... conditions of a judicial officer. Every Act designed to further the social and economic progress of our country or to raise taxes, constituted some tribunal for deciding disputes arising thereunder, such as income-tax authorities, Sales-tax authorities, town planning authorities, regional transport authorities, etc. A scrutiny of the provisions of the U.P. Sales-tax Act with which ...

Jun 28 1977

Nixon v. Administrator of General Services

  • Decided on : 28-Jun-1977

Court : US Supreme Court

... of the Act further belie any punitive interpretation. In promulgating regulations under the Act, the General Services Administration is expressly directed by Congress to protect appellant's or "any party's opportunity to assert any legally or constitutionally based right or privilege. . . ." 104(a)(5). More importantly, the Act preserves for appellant all of the protections that inhere in a judicial proceeding, ... disclose no longer resides in the President, communication will inevitably be restrained. The Court, as does MR. JUSTICE POWELL, seeks to diminish the impact of this Act on the Office of the President by virtue of the fact that neither President Ford nor President Carter supports appellant's claim. Ante at 433 U. S. 441 , 433 U. ... Act, the General Services Administration is expressly directed by Congress to protect appellant's or "any party's opportunity to assert any legally or constitutionally based right or privilege. . . ." 104(a)(5). More importantly, the Act preserves for appellant all of the protections that inhere in a judicial proceeding, for 105(a) not only assures district Page 433 U. S. 482 court jurisdiction and judicial ... Amendment claim, and any such burden is speculative in light of the Act's provisions protecting appellant from improper public disclosures Page 433 U. S. 428 and guaranteeing him full judicial review before any public access is permitted. Pp. 433 U. S. 465 -468. 5. The Act does not violate the Bill of Attainder Clause. Pp. 433 U. S. ...

Jun 02 1964

M.P. Kaverappa Vs. D. Sankannayya Setty

  • Decided on : 02-Jun-1964

Court : Karnataka

Reported in : AIR1965Kant214; AIR1965Mys214; 1965CriLJ225; ILR1964KAR1046; (1964)2MysLJ300

... Judicial Officers' Protection Act (Central Act (XVIII of 1850) on which Mr. Government Pleader placed dependence reads:1. 'No Judge, Magistrate, Justice of the Peace, Collector or other person acting judicially shall be Non-liability to suit of officers acting judicially for official acts done in good faith, and of officers executing warrants and orders. liable to be sued in any civil Court for any act done ... Judicial Officers' Protection Act (Central Act XVIII of 1850) and S. 43 of the Police Act (Central Act V of 1861) and that if he had only correctly understood the import of these two sections, he would have found it impossible to rest his conclusions on many of the grounds on which they were based.The argument advanced by Mr. Government Pleader on S. 1 of the Judicial Officers' Protection Act ... 2, the contention of the appellants is that he is not protect by the Judicial Officers' Protection Act, as he was bound to carry out the order of defendant No. 1 to search and seize the goods until and unless a prescribed form. The concluding portion of Section 1 of the Judicial Officers' Protection Act (18 of 1850), however, says that a person, bound ... locks of the almirah, the table drawers and the suit cases; (d) Whether the defendant is entitled to the protection of S. 1 of the Judicial Officers' Protection Act (Central Act XVIII of 1850) and S. 43 of the Police Act (Central Act V of 1861); and (e) Whether the damages awarded to the plaintiff are excessive. (13) On all these matters, ...

Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //