Section 1
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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-under 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.
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Gulam Qadir Khan Vs. A.K.Khalid |
12 DLR (WP) 78 |