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Search Results Judgments > Act: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 ...

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 ...

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 ...

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 protection of the Judicial Officers Protection Act. There 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. ... 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 act-done or ordered to be done by him in the discharge of his judicial ... 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 appeal, 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 ... 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 order for arrest of the respondent had not acted in the discharge of his judicial duties, but merely as an executive officer ...

Mar 07 2006

Narayan Diwakar Vs. C.B.I.

  • Decided on : 07-Mar-2006

Court : Delhi

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

... 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 acts which may not be within the jurisdiction of the judicial officer ... 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 as such officers. The statute, it must be noticed, protects a Judicial Officer ... 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 ...

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 ...

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, ...

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 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 ...

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