Act/Law wise: Judgment of Supreme Court of Bangladesh

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Judicial Officers' Protection Act (XVIII of 1850)
Section/Order/Article/Rule/Regulation Head Note
Section 1

S. 1—Cause of action against an offi­cer who makes an order of arrest-Jurisdiction to pass the order—Burden of proof of good faith.
If the judicial officer had jurisdiction to make an order of arrest or detention which is made the basis of a suit by the person arrested or detained, there is no cause of action for the suit. If, on the other hand, such jurisdiction did not exist the question as to
Whether the plaintiff is entitled to damages will be tided in accordance with the proviso to the section i.e if the judicial officer believed in good faith that d jurisdiction to do or order the act complained of he will not be liable in damages.
(Belief in good faith referred to in the section be a belief based on reasonable grounds. Khan Qadir Khan Vs. A.K.Khalid (I960) 12 DLR (WP) 78; (1960) PLD(Lah) 1039.


Magistrate on account of annoyance issuing t instance non-bailable warrant of arrest for of-undcr section 182, P.P.C. without there being plaint before him—Proviso held inapplicable. Gulam Qadir Khan Vs. A.K.Khalid (196012 DLR (WP) 78: (1960) PLD (Lah) 1039.


-Damages—For false imprisonment—No hard fast rule—Such a suit brought more for vindica-Jof honour than money—Rs. 500 awarded in for Rs. 20,000. Khan Gulam Qadir Khan Vs. halid (1960) 12 DLR (WP) 78: (1960) PLD 1039.


Jurisdiction in the Judicial Officers' Protcc-ct means authority and power to act in a mat-t authority and power to do an act in a particu-m or manner. A Magistrate who is used for jgful arrest or detention is protected under the Hal Officer's Protection Act as soon as he shows he was acting in the discharge of his judicial and within jurisdiction. 54 CWN (2 DR) 71. ....View Full Judgment