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Report No. 104

6.5. Meaning of "jurisdiction.-

The expression "jurisdiction" as used in the Act under consideration does not mean the power to do or order the (particular) act impugned, but means generally authority of the judicial officer to act in the matter. 1Where a Sub-divisional Magistrate orders the arrest of a person for the offence of mischief without taking cognizance of the offence, the Sub-divisional Officer is acting in an executive capacity and is liable to pay damages for false imprisonment to the person as arrested.

1. Anowar Hussain v. Ajay Kumar, AIR 1965 SC 1651, approving AIR 1959 Assam 28.

The Judicial Officers Protection Act, 1850 Back

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