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Search Results Judgments > Act:JUDICIAL OFFICERS' PROTECTION ACT

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 20 2001

State of M.P. Vs. Rajeev Jain

  • Decided on : 20-Aug-2001

Court : Madhya Pradesh

Reported in : 2001(4)MPHT58

... Judicial Officers' Protection Act, 1850 and Judges (Protection) Act, 1985. Shri Girish Dcsai, learned Deputy Advocate General, however, contended that the Collector Stamps is only an Administrative Officer though entrusted to perform certain quasi judicial functions but he is not a Judicial Officer or a Judge within the meaning of the aforesaid tow Acts of 1850 and 1985.6. The Judicial Officer's Protection Act, 1850 protects Judicial Officers against being sued in any Civil Court for official acts ... Judicial Officers' (Protection) Act, 1850, vis-a-vis the Collector Stamps, clearly held :'Since 'Collector' has been specifically mentioned along with Judges, Magistrates and Justices of Peace in the Judicial Officers' (Protection) Act, 1850, it is obvious that immunity from legal action contemplated by this Act ... Judicial Officers' (Protection) Act, 1850, it is obvious that immunity from legal action contemplated by this Act will also be available to him.'High Court of Kerala in C.V. Sankara Pillai, 1991 (1) Kerala Law Journal 418 has held that provisions of the Judges (Protection) Act, 1985 arc applicable to the Assessing Authority acting under the Kerala Building Tax Act ...

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

... 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 ... 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 ... judicial officers, so that the judges or judicial officers can act fearlessly, impartially and with full sense of security. In case of abuse of judicial powers, adequate remedy is provided on the administrative side for punishing them and, therefore, the protection so granted would not permit the judicial officers to exercise their judicial powers in a reckless or irresponsible manner. For the afore-stated immunity conferred upon judicial officers ...

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

... 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 taken while performing the judicial ... -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 ... judicial duty. (Vide Teyen v. Ram Lal, ILR (1890) 12 All 115; Anowar Hussain v. Ajoy Kumar Mukherjee and Ors., : 1965CriLJ686 ; H.W.P. D'Souza v. Chandrikasingh, : AIR1966MP223 ; and Rachapudi 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 ... act of a person or persons 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 ...

Nov 05 1996

In Re: Ajay Kumar Pandey

  • Decided on : 05-Nov-1996

Court : Supreme

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

... 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 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 ... Court to send the personal files of these two officers to this Court. 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 ... 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 ... 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. ...

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, ...

Mar 13 1979

Muddada Chayanna Vs. G. Veerabhadrarao and Ors.

  • Decided on : 13-Mar-1979

Court : Andhra Pradesh

Reported in : AIR1979AP253

... on the word used namely 'judicially- in S 1-A of Judicial Officers' Protection Act, 1850 and contended that the judicial officer is protected only when he acts judicially and not merely because he acts in a judicial capacity. He also placed stress an 'good faith. and if it can be Shown that the judicial officer has not acted in good faith, he is not entitled to protection under the Act. In defence of this ... of a receiver was made acted only in the discharge of his judicial duties and it was within his jurisdiction to deal with the matter in question and he was the judicial officer empowered to do so, and therefore, the plaint is liable to be rejected on the ground that he is protected under cl. 1-A of the Judicial Officers' Protection Act, 1850 as amended by ... of the Judicial officers Protection Act. 1850 as amended by a State Amendment by the State of Andhra Pradesh (Vide A.P. Act XXIII of 1958, Sec. 3 and Schedule (1-2-1960) ). The said section reads as follows:--'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 ... respondent has got jurisdiction to deal with the matter. Even thought a person who does not have the jurisdiction, acts in good faith thinking that he had got jurisdiction, he would be entitled to protection under Section 1-A of the Judicial Officers' Protection Act. But we need not go to that extent in the present case as the jurisdiction of the 1st respondent ...

May 15 1970

State of Uttar Pradesh Vs. Tulsi Ram and Ors.

  • Decided on : 15-May-1970

Court : Allahabad

Reported in : AIR1971All162

... 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 warrants and orders of Courts or persons acting judicially ... 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 acting judicially shall be liable to be sued in any civil court for any act done ... 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 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 ... 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 ...

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 ...

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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