2. History of Judiciary

2.1 ANDHRA PRADESH

2.1.1 Under the Andhra State Act, 1953, Andhra was carved out of the former State of Madras by integration of Telugu speaking areas.

2.1.2 By the States Reorganisation act, 1956, certain territories of the erstwhile Hyderabad State were integrated into the then State of Andhra, and a new State by name Andhra Pradesh came to be formed.

2.1.3 The structure of judicial set-up in the State of Madras and erstwhile State of Hyderabad continued to prevail over the respective territories of the new State till Andhra Pradesh State Judicial Service Rules, 1958, came into force.

2.1.4 The recruitment and promotion of the State Judicial Service is governed by the Special Rules for Andhra Pradesh State Judicial Service (Rules, 1958) and Andhra Pradesh State Higher Judicial Service (Rules).

2.1.5 At present, there are three cadres of posts in the State, viz., (1) District & Sessions Judges, Grade I and District and Sessions Judges, Grade II / Chief Judicial Magistrates / Chief Metropolitan Magistrates, (2) Senior Civil Judges and (3) Junior Civil Judges.

2.1.6 Recruitment to the initial cadre of Junior Civil Judges is made directly from amongst the advocates with three years practice at the Bar and by transfer of Law graduates working in eligible categories in the Courts and other allied Departments and also from Public Prosecutors, Grade I and Grade II, in the ratio of 4:1. The recruitment is done by the State High Court. Newly recruited candidates shall be on probation for a period of two years on duty within a continuous period of three years. The initial pay of the post of Junior Civil Judge is Rs. 3880/- in the pay scale of Rs. 3880-130-4400-160-5200-190-6150-230-7300-280-8140. After 8 years of service, a Junior Civil Judge is placed in the special grade in the pay scale of Rs. 4140-130-4400-160-5200-190-6150-230-7300-280-8140. The Junior Civil Judge is entitled for a special promotion post scale after 16 years of service in the pay scale of Rs. 5040-160-5200-190-6150-230-7300-280-8700.

2.1.7 There are 433 posts in the cadre of Junior Civil Judges.

2.1.8 The cadre of Senior Civil Judges is purely promotional cadre from the cadre of Junior Civil Judges carrying a pay scale of Rs. 5040-160-5200-190-6150-230-7300-280-8700. There are 122 posts in this cadre.

2.1.9 The cadre of the District & Sessions Judge, Grade II / Chief Judicial Magistrate / Chief Metropolitan Magistrate is a mixed cadre. There is direct recruitment to these posts from the Bar with 7 years' practice and also by transfer from the cadre of the Senior Civil Judges, provided that 332 of the total number of permanent posts shall be filled or reserved to be filled by direct recruitment. At present, there are 84 posts in this cadre with a pay scale of Rs. 7070-230-7300-280-10100. The candidates recruited to these posts directly will be on probation for a total period of one year on duty.

2.1.10 The Presiding Officers working in Labour Courts and Industrial Tribunals are entitled for a special pay of Rs. 400/- per month.

2.1.11 The post of District & Sessions Judge, Grade-I is purely promotional one from the cadre of the District & Sessions Judge, Grade-II, in the pay scale of Rs. 8140- 280-10380. At present, there are 33 posts in this cadre.

 

TRAINING :

2.1.12 Four months’ basic training is given to the initially recruited Junior Civil Judges in Andhra Pradesh Judicial Academy at Hyderabad. Two months’ training (Foundation Course) is also imparted to the newly recruited District Judges.

2.1.13 Refresher Course, Orientation Course, Specified Course, Administration Work, Work-shops on Judicial Administration and Court Management are conducted for all categories of Judicial Officers in the said Academy.

2.1.14 JURISDICTION :

District & Sessions Judges :

Civil : All original suits or proceedings of civil nature including Land Acquisition O.Ps. exceeding Rs. 5,00,000/-.

All cases instituted under the Special enactments like Copy Rights Act, Trade and Merchandise Act, Companies Act, Hindu Religious & Endowments Act, cases under the Indian Divorce Act, G & W Act, Succession Act etc.

Criminal : All Sessions cases and other offences as classified in the First Schedule of the code of Criminal Procedure, 1973. Empowered to try cases under the Prevention of Corruption Act investigated by SPE, ACB and CBI.

Appellate Jurisdiction :

Civil : All Appeals against the decrees or orders of the Junior Civil Judge and Senior Civil Judge in original suits and miscellaneous proceedings.

Criminal : Appeals against orders passed by JMFC / Metropolitan Magistrate or Asst. Sessions Judges – exercises revisional powers under Cr.P.C.

Senior Civil Judges & Asst. Sessions Judges :

Civil : All Original suits or proceedings of civil nature when the value of the subject matter exceeds Rs. 1,00,000/- and below Rs. 5,00,000/-, original petitions under the Land Acquisition Act, not otherwise exempted from his cognizance under any other Law for the time being in force, Hindu Marriage Act and Insolvency Act.

Criminal : Sessions Cases where the sentence to be imposed is less than 10 years.

Appellate Jurisdiction :

Appeals against the decrees or orders passed by the Junior Civil Judge where the value of the subject matter is not more than Rs. 1,00,000/-.

Junior Civil Judges :

Civil : All Original Suits or proceedings of civil nature, the subject matter of which does not exceed Rs. 1,00,000/- and Rent Control cases under the A.P. Buildings (Lease, Rent & Eviction) Control Act.

Criminal : Calendar cases, Maintenance cases, summary trial cases and preliminary registered cases.

City Civil Court :

There is City Civil Court in Hyderabad. The Judges of City Civil Court form part of the General Cadre of District Judges. A Senior District Judge is posted as the Chief Judge, City Civil Court, Hyderabad.

* * * * *

2.2 ASSAM

2.2.1 Under the First Schedule of the Constitution, the State of Assam was formed comprising the provinces of Assam, Khasi States and some territories of Assam Tribal areas. It was Part ‘A’ State.

2.2.2 By the States Reorganisation Act, Assam became a full-pledged State.

2.2.3 Assam was originally remained within the jurisdiction of the High Court of Port William at Calcutta.

2.2.4 The Civil Courts in Bengal North-Western provinces and Assam were consolidated under the Bengal North-Western provinces and Assam Civil Courts Act, 1887. The said Act was amended in 1911 by substituting the word "Agra" for the words "North-Western Provinces".

2.2.5 The following classes of Civil Courts were constituted under the said Act.

(i) The Court of the District Judge,

(ii) The Court of the Additional Judge,

(iii) The Court of the Subordinate Judge, and

(iv) The Court of the Munsiff.

2.2.6 The District Judge or the Subordinate Judge was invested with jurisdiction to decide suits as provided under section 15 of the Code of Civil Procedure.

2.2.7 The Munsiff had jurisdiction to decide suits of the value not exceeding Rs.1000/-. However, the local Government, could, by notification, enlarge the jurisdiction of the Munsiff to decide suits of the value not exceeding Rs.2000/-.

      1. An appeal from the decree or order of a District Judge or Additional Judge would lie to the High Court.

 

2.2.9 An appeal from the decree or order of a Subordinate Judge would lie to the District Judge in respect of the suits of the value not exceeding Rs.5,000/-.

2.2.10 An appeal against the decree or order of the Subordinate Judge in respect of the suits of the value exceeding Rs.5000/- would lie to the High Court.

      1. The District Judge was the Appellate Authority against the decree or order of the Munsiff.

 

The present structure of judicial set up in the State :

2.2.12 At present, the Assam Judicial Service Rules, 1967 as amended upto 1995 regulates the appointment and conditions of service to the State Judiciary.

2.2.13 The Assam Judicial Service consists of :

I (a) District and Sessions Judges (Gr.I).

(b) Additional District and Sessions Judges (Gr.I).

(c) Special Judge (Gr.I).

II. Chief Judicial Magistrates /Asst. District and Sessions Judges / Additional Chief Judicial Magistrates (Gr. II).

III. (a) Sub-Divisional Magistrates (Gr. III)

(b) Judicial Magistrates /Civil Judges (Junior Division) (Gr. III).

2.2.14 At present, initial recruitment to the post of Judicial Magistrates / Civil Judges (Junior Division) Grade-III is made by the High Court on the basis of selection from amongst the members of the bar with three years practice. Sub-Divisional Judicial Magistrates are appointed by the High Court from amongst the Senior Judicial Magistrates / Civil Judges (Junior Division).

2.2.15 Training is imparted to the newly recruited officers for a period of 14 weeks. They will be on probation for a period of one year. There are 19 posts of Sub- Divisional Magistrates (Gr.III) and 127 posts of Judicial Magistrates / Civil Judges (Junior Division) (Gr.III) in the pay scale of Rs.1835-50-2035-60-2395-80-2555-EB-80-2875-100-3575-125-4325. However, the Senior First Class Judicial Magistrates (Grade-III) are entitled to Special Pay of Rs.100/- per month on being designated as Sub-Divisional Judicial Magistrate (Sadar) and Rs.200/- per month on being designated as Sub-Divisional Judicial Magistrate (Mofussil)".

2.2.16 The post of Chief Judicial Magistrates / Assistant District and Sessions Judge / Additional Chief Judicial Magistrate (Gr.II) is purely the promotional post from that of the Sub-Divisional Judicial Magistrates (Gr.III) and Judicial Magistrate / Civil Judges (Junior Division) (Gr.III). There are 46 posts carrying the pay scale of Rs.3375-100-3575-125-4325-EB-125-4450-150-5200.

2.2.17 There is one post of Special Judge (Gr.I) getting an initial salary of Rs.3825/- in the pay scale of Rs.3825-125-4450-150-5200-175-5900. The said post is filled up by promotion from the cadre of Chief Judicial Magistrates / Assistant District and Sessions Judges / Additional Chief Judicial Magistrates (Gr.II).

2.2.18 The recruitment and promotion to the Higher Judicial Service consisting of District and Sessions Judges (Gr.I) and Additional District and Sessions Judges (Gr.I) is made by the High Court directly from the Bar and also from the Judicial officers in Gr.II. 33 per cent of the posts are filled up by direct recruitment from amongst the advocates with a minimum of 7 years practice and the remaining 67 per cent of the posts are filled up by promotion from amongst the Judicial Officers in Grade II.

2.2.19 The following posts are also held by the Officers of Grade-I (District & Sessions Judges):-

1) Registrar General of High Court - 1 Post

2) Registrar (I&E) and Registrar (Admn.) of

High Court - 2 Posts

3) L.R.-cum-Secretary, Judicial Department,

Govt. of Assam - 1 Post

4) Special Judge, Assam - 1 Post

5) Judge, Designated Court, Assam - 2 Posts

6) Presiding Officer, Industrial Tribunal - 2 Posts

7) Presiding Officer, Labour Court - 2 Posts

8) Presiding Officer, S.T.A.T. & Member,

M.A.C.T. - 1 Post

9) Principal Judge, Family Court, Guwahati - 1 Post

2.2.20 There are 6 (six) posts of Selection Grade District & Sessions Judges (Grade-I) in the Scale of Pay of Rs.3950-125-4450-150-5200-175-6100. All District & Sessions Judges are entitled to Special Pay of Rs.200/- (Rupees two hundred only) per month irrespective of Grade-I or Selection Grade.

2.2.21 All appointments, other than the appointment to the temporary posts, under the Assam Judicial Service Rules, 1967 as amended upto 1995 shall be on probation for a period of one year from the date of appointment to such posts.

2.2.22 Jurisdiction :

i) There are two categories of Munsiffs, one with pecuniary jurisdiction upto Rs.10,000/- and another with pecuniary jurisdiction upto Rs.25,000/-. Considering the experience of the Officers, the High Court confers jurisdiction on the respective officers.

ii) Assistant District Judges have got unlimited pecuniary jurisdiction over civil matters and they hear appeals against the orders passed by the Munsiffs.

iii) District Judges and Additional District Judges have got appellate powers upto the pecuniary limit of Rs.50,000/-.

2.2.23 Territorial :

i) Sessions Judge, Additional Sessions Judge, Assistant Sessions Judge and Chief Judicial Magistrate exercise their powers within their districts.

ii) Additional Chief Judicial Magistrate, Sub-Divisional Judicial Magistrate and Judicial Magistrates exercise powers within their sub-divisions.

iii) District Judge, Additional District Judge and Assistant District Judge exercise their civil powers within the district.

iv) The Munsiffs exercise powers within their Sub-Division / District, as the case may be.

 

* * * * *

2.3 BIHAR

2.3.1 Initially, in Bihar, the constitution of Courts, jurisdiction and powers, appointments of Judicial Officers and making of rules were governed by the Bengal Civil Courts Act, 1871. The said Act was repealed by the Bengal, Agra and Assam Civil Courts Act, 1887, under which the following Courts at the District level in Bihar were constituted :

1. Court of District Judge;

2. Court of Additional Judge;

3. Court of Subordinate Judge; and

4. Court of Munsiff.

2.3.2 The Local Government was empowered to make appointments of the aforesaid Judicial Officers in consultation with the High Court of Calcutta which had then the jurisdiction over the entire area of Bengal, Assam, Orissa and the present State of Bihar.

2.3.3 The High Court of Judicature at Patna was established by Letter Patent dated 9th February, 1916. In that year, twelve District Judges came to be appointed at the following Headquarters :

1) Muzaffarpur, 2) Bhagalpur, 3) Gaya, 4) Patna, 5) Saran, 6) Ranchi, 7) Cuttack, 8) Munger, 9) Darbhanga, 10) Purnea, 11) Sahabad and 12) Manbhum.

2.3.4 By 1950, the number of District Judges was increased to 15 with the addition of three more posts at the following places:

1) Hazaribagh, 2) Champaran and 3) Santhal Parganas.

PAY SCALE :

2.3.5 In 1916, the concerned officials were paid a fixed monthly salary as indicated :

District Judge : I Grade (2 posts) Rs. 3,000 /-

II Grade (5 posts) Rs. 2,500 /-

III Grade (7 posts) Rs. 2,000 /-

Subordinate Judge : I Grade ( 2 posts) Rs. 1,000 /-

II Grade (6 posts) Rs. 800 /-

III Grade (11 posts) Rs. 600 /-

Munsiff : I Grade (14 posts) Rs. 400 /-

II Grade (20 posts) Rs. 300 /-

III Grade (22 posts) Rs. 250 /-

IV Grade (12 posts) Rs. 200 /-

2.3.6 This structure of the subordinate judiciary especially with reference to the cadres and jurisdiction had continued till 1959 with a marginal increase in the cadre of Judicial Officers.

2.3.7 The State of Bihar enacted the Bihar Superior Judicial Service Rules, 1951 and the Bihar Judicial Service Recruitment Rules, 1955 for regulating the recruitment and conditions of services of Superior Judicial Service and Bihar Judicial Service respectively.

2.3.8 Under the Bihar Judicial Service Recruitment Rules, 1955, the initial recruitment to the cadre of Munsiff was done from amongst the members of the Bar of at least one year’s continuous practice as on the date of the advertisement. The recruitment was done by the Public Service Commission. The Officers would remain on probation for a period of two years. The pay scale of the Munsiff is Rs. 2425-75-2800-100-4000. The promotional cadre to the post of Munsiffs is that of the Chief Judicial Magistrates / Assistant Sessions Judges / Subordinate Judges carrying the pay scale of Rs. 3000-4500. However, the Munsiff after 10 years of service gets the said higher pay scale of Rs. 3000-4500.

2.3.9 At present, there are 266 of such posts and 1043 posts of Munsiffs.

2.3.10 The Subordinate Judge / Chief Judicial Magistrate is entitled to a second level pay scale in the scale of Rs.3700-125-4700-150-5000. Such pay scale would be available upto 121 % of the cadre strength of the Bihar Subordinate Judicial Service which includes Munsiffs and Sub-Judges including Chief Judicial Magistrates. Further, there will be third level pay scale of Rs.4500-150-5700 available to the extent of 21 % of the cadre.

 

 

BIHAR SUPERIOR JUDICIAL SERVICE :

2.3.11 The Bihar Superior Judicial Service consists of District & Sessions Judges and Additional District & Sessions Judges.

2.3.12 At present, there are 228 posts of Additional District & Sessions Judges carrying the pay scale of Rs.3700-125-4700-150-5000. 33 % of the cadre is filled up by direct recruitment from the members of the Bar with seven years of practice and 67 % is by promotion from among the members of the Bihar Judicial Service.

2.3.13 The post of District & Sessions Judge is purely a promotional post from the post of Additional District & Sessions Judge. At present, there are 49 officers in the cadre of District & Sessions Judge with the pay scale of Rs. 3700-125-4700-150-5000.

2.3.14 There are Selection Grade posts of District & Sessions Judges in the pay scale of Rs. 4500-150-5700 and also Super Time Scale posts in the pay scale of Rs.5900-200-6700.

2.3.15 JURISDICTION :

(a) The Territorial jurisdiction of the Courts established at the Sub-Divisional Head-quarters is over the entire territory of the Sub-Division.

The Territorial jurisdiction of the Sessions Judges and Additional Sessions Judges is over the entire Sessions Division. However, on such stations where more than one permanent Court of Munsiff are established, the territorial jurisdictions of such Courts are divided on police-station-wise.

(b) The pecuniary jurisdiction of the Courts to hear and dispose of original suits is as follows:

i) Additional Munsiff - upto the valuation of Rs. 20,000/-.

ii) Munsiff (permanent Courts) - upto the valuation of Rs. 30,000/-.

iii) The Appellate Jurisdiction of the District Judge is upto the valuation of Rs. 60,000/-.

* * * * *

2.4 DELHI

2.4.1 Under First Schedule to the Constitution of India, Delhi was a Union Territory. It was a Part ‘C’ State.

2.4.2 Prior to the commencement of the Constitution, it was known as Chief Commissioner’s Province of Delhi.

2.4.3 Now it is National Capital Territory under the Constitution 69th Amendment Act.

2.4.4 After 1857, Delhi was the head quarter district of the Delhi Division under a Commissioner of Punjab Government. The judicial work of the district was supervised by the Divisional and Sessions Judge of the Delhi Civil Division. The Chief Court of Punjab was the highest court of appeal in civil and criminal matters. Its proceedings were regulated by the Civil Procedure for the time being in force in Punjab. During this period, Small Causes Court was also established in the Delhi District for adjudicating upon small cause cases in less expensive and more expeditious manner. The suits of the value of Rs. 500/- or Rs. 1,000/- if directed by the Local Government, were cognizable by the Small Causes Courts.

2.4.5 The following judicial and executive cum judicial functionaries were existing under the Commissioner of Delhi. There were : Deputy Commissioner, Judicial Assistant Commissioner, Extra Assistant Commissioner, Judges of Small Causes Court, Tahsildars, Naib Tahsildars and Munsiffs, supplemented by the benches of Honorary Magistrates.

2.4.6 As per the proclamation issued under Notification No. 911 dated 17th September 1912, the district of Delhi comprising the tahsil of Delhi and police station of Mehrauli which was included in the province of Punjab was bifurcated and taken over under the immediate authority and management of the Governor General of India in Council. It was formed into a Chief Commissionership to be called the Chief Commissionership of Delhi from the 1st day of October 1912. Hon’ble Mr. William Malcolm Hailey, C.I.E. I.C.S. was appointed as the first Chief Commissioner of Delhi.

2.4.7 The Delhi Laws Act, 1912 (Act No. 13 of 1912) was enacted for the purpose of facilitating the application to the new territory or any part thereof, any enactment passed before the commencement of this act or any notification, order, scheme, rule, form or by-law issued, made or prescribed under any such enactment.

2.4.8 By another Royal proclamation published under Notification No. 912-C dated 22-2-1915 about 65 revenue estates of the United Provinces of Agra and Oudh were immediately taken over by the Governor General of India in Council and were included in the newly created province of Delhi. The Delhi Laws Act 1915 (Act No. 7 of 1915) was similarly enacted for the administration of the territory taken over from the United Provinces of Agra and Oudh.

2.4.9 Even after becoming a separate province under the Chief Commissioner, Delhi continued to be under the jurisdiction of the Punjab Government and the provisions of Punjab Courts Act continued to apply.

2.4.10 During the year 1913, the judiciary consisted of :

1) One District & Sessions Judge.

2) One Senior Sub Judge.

3) One Judge of Small Causes Court.

4) One Registrar, Small Causes Court and

5) Three Sub Judges.

2.4.11 There was also a Court of Honorary Sub Judge. The Chief Court of Punjab continued to be the highest Court in civil and criminal cases. Under the Letters Patent Act of 1919, the said Court was raised to the status of High Court.

2.4.12 The Civil Judiciary was under the control of the District Judge assisted by Additional District Judge, a Sub Judge and the Judge of the Small Causes Court. There were two full-time Munsiffs and about 8 other officers with First, Second or Third Class powers, according to exigencies.

Present set up of judicial system in the State :

2.4.13 There are two cadres namely (1) Delhi Higher Judicial Service and (2) Delhi Judicial Service.

2.4.14 The Delhi Higher Judicial Service consists of District & Sessions Judges / Additional District & Sessions Judges / Rent Control Tribunals / Industrial Tribunals / M.A.C.Ts./ Labour Courts / Chief Metropolitan Magistrates / Additional Chief Metropolitan Magistrates.

2.4.15 The Delhi Judicial Service consists of Senior Civil Judges / Judges (Small Causes Courts), Civil Judges /Metropolitan Magistrates /Rent Controller/ Additional Rent Controller.

2.4.16 The Delhi Higher Judicial Service Rules, 1970, regulate recruitment and conditions of service of the officers in the Delhi Higher Judicial Service. All posts included in the Service are Central Civil Posts, Class-I, Gazetted. There are three scales of pay in this Service, namely, Super Time Scale, Selection Grade and Time Scale.

2.4.17 The recruitment to the Higher Judicial Service is done by the High Court (i) by promotion on the basis of Selection from members of Delhi Judicial Service who have completed not less than 10 years of service, and (ii) by direct recruitment from the members of the Bar who have practiced as advocates for not less than seven years, in the ratio of 2:1.

2.4.18 There are 134 posts in the cadre of Delhi Higher Judicial Service. The Time Scale of Pay is Rs. 16400-450-20000. 20 per cent of the cadre strength are selection grade posts carrying the pay scale of Rs. 18400-500-22400. There is one post in the super time scale in the same scale of pay of Rs. 18400-500-22400. All persons appointed to the service will, on permanent post being available for them, be on probation for two years.

2.4.19 The Delhi Judicial Service Rules, 1970 regulate the recruitment and service conditions of the Judicial Officers in the Delhi Judicial Service. All posts included in the Service are Central Civil Posts, Class-I, Gazetted. In the Delhi Judicial Service, there are three scales of pay, namely, Selection Grade, Senior Time Scale after 5 years service and Time Scale.

2.4.20 The recruitment in the service is made on the basis of a written competitive test held by the High Court and the viva-voce test of the candidates who have qualified at the written test, held by the Selection Committee, from amongst the persons who have practiced as advocates for not less than 3 years. After selection, the candidate may be appointed as Civil Judge or Metropolitan Magistrate or Civil Judge-cum-Metropolitan Magistrate. An officer with 5 years service may be appointed as Rent Controller / Additional Rent Controller. He will be on probation if appointed against a permanent post, or on a permanent post being available for him, for a period of two years, on an initial salary of Rs. 8000/- in the scale of Rs. 8000-275-13500. After five years of service, he would get Senior Time Scale Pay in the scale of Rs. 10000-325-15200. After 8 years of service, he would be entitled subject to availability of post, to Selection Grade post in the pay scale of Rs. 12000-375-16500. 20% of the permanent posts in the Delhi Judicial Service are earmarked as Selection Grade posts. The post of Senior Civil Judge / Judges of Small Causes Courts are part of the cadre and are not promotional posts from the cadre of Civil Judges/Metropolitan Magistrates/ Rent Controller /Additional Rent Controller.

2.4.21 There are 218 posts in the Delhi Judicial Service.

2.4.22 JURISDICTION :

The District Judge / Additional District Judge has pecuniary jurisdiction to decide the original suits upto the value of Rs. 5,00,000/-.

The Civil Judge has pecuniary jurisdiction to decide suits upto the value of Rs. 1,00,000/-.

Appellate Powers of the District Judge / Additional District Judge :

Appeals against the decrees passed by the Civil Judges in suits of pecuniary jurisdiction upto Rs. 1,00,000/-.

Appellate powers of the Senior Civil Judges :

(a) In a money suit of the value not exceeding Rs.1000/-.

(b) In a land suit of the value not exceeding Rs.250/-.

(c) In unclassed suits of the value not exceeding Rs.500/-.

Pecuniary jurisdiction of the Judge, Small Cause Court is Rs. 5,000/-.

Rs. 10,000/- for suits in respect of Small Causes under sub-Section (2) and sub-Section (3) of Section 15 of the Provincial Small Cause Court Act is amended by Government of National Capital Territory of Delhi.

* * * * *

    1. GOA

2.5.1 Goa became an independent State of India on 30th May, 1987, under the Goa, Daman and Diu Reorganisation Act, 1987. It was a Union Territory with effect from 19th December, 1961, after it ceased to be a Portuguese colony till it attained statehood. The Union Territory of Goa, Daman and Diu at the time of Liberation had a well developed judicial system based on continental jurisprudence.

 

JUDICIAL SYSTEM IN THE PORTUGUESE COLONY PRIOR TO LIBERATION :

2.5.2 The evolution of the modern judicial system in the Portuguese colony can be traced back to the period of Portuguese governance. The High Court known as "Tribunal de Relacao", was established in Goa in the year 1544. The High Court at Goa was abolished on 15th January, 1774, re-established by Decree dated 2nd April, 1778, but due to political events, the High Court was discontinued and finally the High Court at Goa was reinstated by Decree of 7th December, 1836. The High Court was reorganised under various Decrees of 1858, 1866, 1894 and the latest being Decree No. 14453 dated 20th October, 1927 of the Autonomous office of Ministry of Justice and Cults which provided for the organisation of the judicial system for the Portuguese colonies in Angola and India. The appeals from "Tribunal de Relacao" lay to the Supreme Court at Lisbon which was headed by the Chief Justice and other Judges. The High Court consisted of Chief Justice and four other Judges.

2.5.3 For the purpose of administration of justice the judicial division of the colony of Goa was subordinate to judicial headquarters of Lisbon. All the Judges, Magistrates and Court staff were subject to superior council of vigilance of the Ministry of Justice of colonies. This was an administrative and disciplinary apex institution regulating and guiding the colonial Judiciary. It was presided over by the Judge of the Supreme Court of Lisbon. It had disciplinary jurisdiction over Magistrates and officials of justice, ordered inspections and inquiries, fixed up seniorities, organised and classified Judges in merit list.

2.5.4 The judicial district of Goa consisted of Talukas, viz., Bardez, Bicholim, Daman and Tiswadi, Macau, Quepem and Salcete. Below the High Court, there were Comarca Courts and Julgado Municipal Courts. Comarca and Municipal Courts had civil, commercial and criminal jurisdiction. Comarca courts were established at Taluka headqusrters and in municipal areas which were not headquarters of Comarca, there were Julgado Municipal Courts. Appeals against the decisions of Comarca Judges in civil, criminal and commercial matters were entertained by the High Court.

2.5.5 The Comarca Judge had appellate as well as original jurisdiction and he heard appeals from subordinate Judges. The Comarca Judge also presided over the commercial courts.

2.5.6 In municipal areas which were not the headquarters of the Comarca, there was a Municipal Judge, nominated for a term of two years by a Governor of Province. In relatively backward areas a Juiz (Judge) instructor replaced the Municipal Judge. The Municipal Judge adjudicated on crimes and transgressions correspondingly separate or cumulatively to :-

(a) correctional imprisonment or work till six months;

(b) exile till six months; and

(c) or fine upto Rs. 300/-.

2.5.7 He had to organise criminal cases and in crimes corresponding to major penalties he had to carry preliminary investigations on who were the guilty and in case no sufficient information or data was there he could close the proceedings. He had to judge civil and criminal suits not within the purview of Popular Judges upto the value of Rs. 300/-. He also heard appeals against decisions of Popular Judges.

2.5.8 In the villages, Popular Judges (Juiz Popular) were nominated annually by the Governor of Colonies. The function of Popular Judges were to hold conciliation proceedings and judge summarily on equity and good conscience, civil cases on moveable goods or on damages till Rs. 15/-. He was to collect data on public crimes committed in the village, send up the process together with the prisoners to the higher judicial authorities.

2.5.9 The Decree of 1927 provided for a Conservator for registration of properties at every Comarca.

THE JUDICIAL ADMINISTRATION IN THE U.T. OF GOA, DAMAN AND DIU :

2.5.10 The Indian Constitution was extended to the territory of Goa, Daman and Diu after Liberation. In order to bring uniformity with other States in India, the administrative set up was switched from the Portuguese system to the Indian system.

2.5.11 Initially, all the laws in force at the time of Liberation were saved by the Goa, Daman and Diu (Administration) Act of 1962. The "Tribunal de Relacao" (High Court) was abolished in 1963 and the Court of Judicial Commissioner was established under the Goa, Daman and Diu (Judicial Commissioner’s Court) Regulations of 1963.

2.5.12 An important feature of Portuguese law which requires a specific reference and which even now continues to be in force in Goa is the Uniform Civil Code regulating family laws, namely, marriages, divorce, adoptions, succession, legitimacy of children, registration etc. This Uniform Civil Code was applicable to all communities, except that usages and customs of non-Christians were saved to a limited extent. It may also be pointed out that the Uniform Civil Code has been replaced in Portugal in 1966 wherein substantial changes have been introduced. The Goa Government had appointed a Law Commission in 1968 to go into the question and the Law Commission recommended that all Portuguese laws were to be repealed and to extend all personal laws with slight modification. However, nothing further was done. The Uniform Civil Code in existence needs to be examined and the legislation has to be brought on par with the needs of the Society.

2.5.13 Under the Goa, Daman and Diu (Laws) Regulation, 1962, read with Sections 7, 9, 10, 12 and 492 of the Code of Criminal Procedure, the Union Territory, for the purpose of Section 7 of the Criminal Procedure Code was considered as one Sessions Division consisting of three districts of Goa, Daman and Diu. The Court of Sessions for the Union Territory of Goa, Daman and Diu was established at Panaji. The Indian Penal Code, Code of Criminal Procedure and Evidence Act, were extended and besides the Court of Sessions, Courts of Judicial Magistrate First Class were established.

2.5.14 The District and Subordinate Civil Courts were established under the Goa, Daman and Diu Civil Courts Act, 1965. This District Court was set up at Panaji for the entire Union Territory of Goa, Daman and Diu. The Subordinate Courts of Civil Judge (Junior Division) and Civil Judge (Senior Division) were set up at the District Headquarters as well as some of the Talukas. The District Judge and the Subordinate Judges were to be appointed by the Administrator. The District Judge had no original jurisdiction except for land acquisition cases and suits against the Government. Subsequently, however, jurisdiction relating to suits against the Government were also withdrawn from the District Court and the same has been conferred on Civil Judge (Senior Division). The Civil Judge (Senior Division) has unlimited original jurisdiction. The Civil Judge (Junior Division) has pecuniary jurisdiction up to Rs. 1,00,000/-. Appeals from the judgments of the Civil Judge (Senior Division), lie before the High Court. Appeals from the judgments of civil Judge (Junior Division) lie before the District Judge.

2.5.15 The territorial limits of the jurisdiction of Civil Judge (Senior Division) and Civil Judge (Junior Division) are fixed by the State Government in consultation with the High Court by Notification in the Official Gazette.

2.5.16 The State Government may invest any Civil Judge (Senior Division) with power to hear appeals from such decrees and orders of a Civil Judge (Junior Division) as may be referred to him by the District Judge. The High Court may invest any Civil Judge with jurisdiction of Court of Small Causes for the trial of suits cognizable by such Courts, upto such amount as it may deem proper, not exceeding, in case of Civil Judge (Senior Division) Rs. 3,000/- and in case of Civil Judge (Junior Division) Rs. 1,500/-.

2.5.17 The Judges who were already exercising jurisdiction as Comarca Judges were appointed to the posts of Civil Judge (Senior Division) and Julgado Judges were appointed as Civil Judges (Junior Division). Besides that, powers of Judicial Magistrate First Class were conferred on them. The scales of pay of the Judges of the erstwhile Portuguese Judiciary in Goa were brought on par with the Pay scales of Union Territory of Delhi. However, in 1982, the Union Territory of Delhi revised pay scales of Judges whereas their counterparts in the Union Territory of Goa were not given such increased pay scales. The Judicial Officers filed Writ Petition claiming parity of pay scales with the Judges working in the Union Territory of Delhi, but the Writ Petition was dismissed by the Bombay High Court. The Apex Court has granted parity of pay scales to the Judges working in the Union Territory of Goa with all their counterparts in the Union Territory of Delhi, from 1st March, 1982 till Goa became a State.

2.5.18 After Liberation of Goa, new Administrative Tribunal was set up replacing "Tribunal Administrativo", in the year 1965. The Administrative Tribunal is a final court of fact in matters pertaining to revenue, tenancy, survey, mundkar matters, institution of Comunidades, rent cases, sales tax matters, election matters pertaining to municipalities, etc.

2.5.19 The jurisdiction of the High Court at Bombay was extended to the Union Territory of Goa, Daman and Diu by the High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981. The Act provided for establishment of a permanent Bench of the Bombay High Court at Panaji. The Judicial Commissioner’s Court was abolished. The High Court Bench at Panaji was commissioned on 30th October, 1982. Thus, the State of Maharashtra and Goa have a common High Court.

THE PRESENT STRUCTURE OF JUDICIAL SET UP IN THE STATE OF GOA :

2.5.20 At present, the Subordinate Judiciary consists of Grade I and Grade II. Grade I consists of District and Sessions Judges and Additional District and Sessions Judges. Grade II consists of Civil Judges (Senior Branch) and Civil Judges (Junior Branch).

2.5.21 The recruitment and conditions of service of Grade I and Grade II Officers are regulated by the Goa Civil Service (Judicial Branch) Rules, 1992. The initial recruitment to the cadre of Civil Judges (Junior Branch) is done by the Goa Public Service Commission from amongst the Advocates with not less than three years of practice or Assistant Public Prosecutor, on the basis of interview.

2.5.22 Every person appointed to the cadre shall be on probation for a minimum period of two years and the period of probation is liable to be extended.

2.5.23 At present, there are 20 posts in the pay scale of Rs.2200-75-2800-EB-100-4000 (equated to Rs.8000-13500 on the basis of Fifth Central Pay Commission).

2.5.24 The Civil Judges (Senior Branch) is a mixed cadre to be filled up partly by promotion and partly by direct recruitment. The High Court selects candidates to fill up 33 per cent of the posts by direct recruitment from amongst the Advocates with not less than five years practice at the Bar. The remaining 67 per cent of the posts are filled up by promotion from the Civil Judges (Junior Branch) with not less than four years service. A Writ Petition was filed by the Judicial Officers Association, Goa, challenging the direct recruitment to the post of Civil Judge (Senior Division) which was dismissed by the Bombay High Court and the Appeal is pending before the Apex Court.

2.5.25 At present, there are 14 posts carrying the pay scale of Rs.3200-100-3500-125-4625 (equated to Rs.10650-15800 on the basis of the Fifth Central Pay Commission).

2.5.26 The recruitment to Grade I posts consisting of District and Sessions Judges / Additional District and Sessions Judges is done by direct recruitment as well as by promotion in the ratio of 50 : 50. The direct recruitment is made by the High Court from amongst the Advocates with not less than seven years practice at the Bar. The remaining 50 per cent of the posts are filled up by promotion from the officers in Grade II (Senior Branch) and also from Grade II (Junior Branch) with ten years of service on the basis of selection. There are 8 posts of Additional District and Sessions Judges and two posts of District and Sessions Judges in the pay scale of Rs.4500-150-5700 with special pay of Rs.400/- per month (equated to Rs.14300-18300 on the basis of Fifth Central Pay Commission).

2.5.27 JURISDICTION :

The District Court shall be the Principal Court of Original Jurisdiction in the district within the meaning of the Code of Civil Procedure.

The Civil Judge (Senior Branch) has unlimited pecuniary jurisdiction.

The Civil Judge (Junior Branch) has pecuniary jurisdiction upto Rs.25,000/-.

TERRITORIAL LIMITS :

The territorial limits of the jurisdiction of every Civil Judge (Senior Branch) or Civil Judge (Junior Branch) shall be as fixed from time to time by the State Government in consultation with the High Court by notification in the official gazette.

APPELLATE JURISDICTION :

In all suits decided by the Civil Judge (Senior Branch), the subject matter of which exceeds Rs.25,000/-, the appeal would lie to the High Court.

The State Government, may, invest any Senior Civil Judge with powers to hear appeals from such decrees and orders of a Junior Civil Judge as may be referred to him by the District Judge.

The High Court, may, invest any Civil Judge with jurisdiction of a Court of Small Causes for the trial of suits cognizable for such Courts upto such amount as it may deem proper not exceeding in the case of Senior Civil Judge Rs.3,000/- and in the case of Junior Civil Judge Rs.1,500/-.

 

* * * * *

2.6 GUJARAT

2.6.1 Gujarat State was carved out of the erstwhile Bombay State on 1st May, 1960. Originally, there were 15 districts with 15 District & Sessions Judges.

2.6.2 Later on, in view of the importance of the commercial City of Ahmedabad and its special requirements, Ahmedabad City Civil Court, in the prototype of Bombay City Civil Court, has been established with effect from November 4, 1961. Consequently, City Civil and Sessions Court, Ahmedabad, Small Causes Court, Ahmedabad and Courts of City Magistrate at Ahmedabad came into existence. These Courts replaced the District and Sessions Courts, Provincial Small Causes Court and Courts of Judicial Magistrates of Ahmedabad.

2.6.3 The jurisdiction of the City Civil Court was confined to the City of Ahmedabad only. The remaining territory of the former District of Ahmedabad was termed as Ahmedabad (Rural) District with its headquarters at Narol.

2.6.4 On June 1, 1964, the Judicial District of Surat was abolished and in its place two new Districts, namely Surat and Valsad, with headquarters at Surat and Navsari were created.

2.6.5 On December 10, 1976 the Judicial District at Ahmedabad (Rural) has been bifurcated into two new Judicial Districts namely : (i) Ahmedabad (Rural) with headquarters at Narol and (ii) Sabar Kantha with headquarters at Himatnagar. With effect from 19-10-1988 Ahmedabad (Rural) Courts have since been shifted to Ahmedabad City (at Mirzapur).

2.6.6 Under the Criminal Procedure Code, 1973 which came into force from 1st April, 1974, the Courts of Metropolitan Magistrates replaced the Courts of City Magistrates at Ahmedabad. With effect from 14-07-1975 the Courts of Small Causes were established at Vadodara and Surat from 06-08-1979, the Small Causes Court at Rajkot came to be established. These were under the Provincial Small Causes Courts Act of 1887.

2.6.7 In 1961, the State Government made the Rules called Gujarat Judicial Service Recruitment Rules, 1961 regulating the recruitment to the Gujarat Judicial Service, which consists of : (i) Junior Branch and (ii) Senior Branch.

2.6.8 The Junior Branch comprises of the following :

(i) Class I comprising of cadres of Civil Judges (Senior Division) and Judges of the Small Causes Court.

(ii) Class II comprising of Civil Judges (Junior Division) and Judicial Magistrates of First Class.

2.6.9 The said Recruitment Rules came to be amended by the Gujarat Judicial Service Recruitment (Amendment) Rules, 1979 by which the cadre of Civil Judges (Senior Division) includes the following :

(i) All Judicial Officers holding on the said date the post of :

(a) Civil Judge (Senior Division)

(b) Chief Judicial Magistrate and

(c) Metropolitan Magistrate.

2.6.10 The Senior Branch consisting of the following cadres :

(i) District Judges.

(ii) Principal Judge, City Civil Court, Ahmedabad.

(iii) Judges of the City Civil Court , Ahmedabad.

(iv) Chief Judge of the Small Causes Court, Ahmedabad.

(v) Chief Metropolitan Magistrate.

(vi) Addl. Chief Metropolitan Magistrate.

    1. Assistant Judges.

 

METHOD OF RECRUITMENT :

2.6.11 Civil Judges (Junior Division) / Judicial Magistrates, First Class in the Junior Branch - Class II – are recruited from :

(i) amongst the members of the Bar with 3 years’ practice; and

(ii) members of the staff of the High Court and allied departments who have put in not less than 5 years of service.

2.6.12 The recruitment to this cadre is made by the High Court of Gujarat.

2.6.13 The recruited candidates would be on probation for a period of two years. They are in the pay scale of Rs. 8000-275-14050.

2.6.14 There are 291 posts of such Civil Judges (Junior Division) / JMFCs.

2.6.15 The posts of Civil Judges (Senior Division)/Metropolitan Magistrates / Chief Judicial Magistrates are on the scale of Rs. 10000-325-15200. This is a mixed cadre consisting of promotees from the cadre of Civil Judges (Junior Division) and Judicial Magistrates, First Class and also direct recruits. The direct recruitment is made by the Public Service Commission as well as by the High Court.

2.6.16 The High Court selects the officers for the posts for promotion amongst the Civil Judges (Junior Division) and J.M.F.C. The Public Service Commission selects the candidates for the posts from amongst the Advocates with 5 years practice or from the cadre of Civil Judges (Junior Division) and J.M.F.C. 50% of sanctioned posts of the Metropolitan Magistrates at the relevant time is also selected by the Public Service Commission in the above manner.

2.6.17 The High Court selects the candidates from amongst the members of the Bar with the requisite qualification of 5 years Bar experience. One half of the total twelve posts of Civil Judges (Senior Division) created under Government Resolution, Legal Department No. CJM 1079/2525/D dated October 4, 1979 shall be filled up by the High Court by direct recruitment in the above manner from amongst the members of the Bar.

2.6.18 In case of direct recruits to the cadre of Civil Judges (Senior Division) / Metropolitan Magistrates / Chief Judicial Magistrates, the appointment is made by the Governor. The direct recruits appointed from the Bar will be on probation for two years.

2.6.19 There are 167 posts in the cadre of Civil Judges (Senior Division)/ Metropolitan Magistrates / Chief Judicial Magistrates at present.

2.6.20 The Judges, Small Causes Court (Mofussil) are promotional posts from the cadre of Civil Judges (Senior Division)/ Metropolitan Magistrates/ Chief Judicial Magistrates. There are 7 such posts carrying the pay scale of Rs. 10000-325-15200.

2.6.21 There are 20 posts of Judges of the Small Causes Court at Ahmedabad in the same pay scale of Rs. 10000-325-15200. 1/3rd of these posts including the post of the Chief Judge, Small Causes Court, is to be filled up by promotion from amongst the Officers in cadre of Civil Judges (Senior Division) / Metropolitan Magistrates/ Chief Judicial Magistrates, who have put in not less than 3 years of service on the civil side. Another 1/3rd shall be filled up by direct recruitment by the High Court from amongst the members of the Bar of 5 years standing and the remaining 1/3rd shall be filled up by direct recruitment by the Public Service Commission from : (i) amongst the members of the Bar with 5 years Bar practice; and (ii) from amongst the Civil Judges (Senior Division) and Civil Judges (Junior Division) and JMFCs.

2.6.22 However, the number of posts of Judges of Small Causes Courts at Ahmedabad to be filled up by promotion and also by direct recruitment from the cadres of the Civil Judges (Senior Division) and Civil Judges (Junior Division) / JMFCs should not be less than 50% of the total number of posts in the cadre including the post of the Chief Judge, Small Causes Court.

2.6.23 The Judges of the Small Causes Courts who are directly recruited from the Bar will be on probation for a period of two years.

2.6.24 In the case of direct recruitment from amongst the members of the Bar to any post in the cadres of Civil Judges (Senior Division) and Judges of Small Causes Courts, the candidate must be less than 45 years of age in general category and 48 years of age in the case of Backward Community.

2.6.25 One post of Chief Metropolitan Magistrate and one post of Additional Chief Metropolitan Magistrate at Ahmedabad are in the pay scale of Rs. 10000-325-15200 with a special payof Rs. 200/- per month. They are promotional posts from the cadre of Civil Judges (Senior Division) / Metropolitan Magistrates / Chief Judicial Magistrates, or they can be filled up by transfer from the cadre of Assistant Judges.

2.6.26 There are 84 posts of Assistant Judges in the pay scale of Rs. 10000-325-15200 which are promotional posts from the cadre of Civil Judges (Junior Division) with 7 years of service and Civil Judges (Senior Division) with minimum 3 years of service on the civil side. The Assistant Judges shall be on probation for a period of two years.

2.6.27 The Chief Judge, Small Causes Court at Ahmedabad in the pay scale of Rs. 10000-325-15200 with a special pay of Rs. 200/- per month is a promotional post from the cadre of Judges, Small Causes Court at Ahmedabad, or it can be filled up by transfer from the cadre of Assistant Judges.

2.6.28 The posts of Chief Metropolitan Magistrate / Additional Chief Metropolitan Magistrate and Chief Judge, Small Causes Court at Ahmedabad can also be filled up by transfer of Assistant Judges.

 

 

2.6.29 There are 40 posts of the District Judges carrying a pay scale of Rs. 14300-400-18300. 50% of these posts are to be filled up by direct recruitment from amongst the members of the Bar who have practiced as advocates or pleaders for not less than 7 years. Those who are selected at the age of less than 45 years in the General Category and 48 years in the case of Backward Community are appointed in the first instance as Assistant Judges for such period as prescribed by the High Court.

2.6.30 The remaining 50% of the posts are filled up by promotion from the cadre of Assistant Judges.

CITY CIVIL COURT :

2.6.31 The City Civil Court for Ahmedabad city has been constituted as per provisions of the Ahmedabad City Courts Act, 1961. The City Court is subordinate to the High Court and every decree and such specified orders are appealable to the High Court of Gujarat.

2.6.32 Appointment to the post of City Civil Court Judge shall be made by the Governor on the recommendation of the High Court.

2.6.33 The City Civil Court Judges constitute a separate cadre. Selection is made to the cadre either by direct recruitment from amongst the members of the Bar with minimum 7 years' Bar practice and from amongst the District Judges, Chief Judge of Small Causes Court, Ahmedabad and Chief Metropolitan Magistrate, Ahmedabad or from amongst the District Judges by transfer.

2.6.34 There are in all 26 posts of Judges, City Civil Court with fixed salary of Rs. 18,300/- per month.

2.6.35 The Principal Judge of the City Civil Court, Ahmedabad is selected from amongst the Judges of the City Civil Court or from the District Judges or from the members of the Bar and the appointment is made by the Governor in consultation with the High Court.

2.6.36 There are two posts in that cadre carrying the pay scale of Rs. 18400-500-22400. One post is that of Principal Judge and another post is that of Additional Principal Judge.

2.6.37 JURISDICTION

The City Civil Court, Ahmedabad, Small Causes Court, Ahmedabad, Metropolitan Magistrate, Ahmedabad have jurisdiction over Ahmedabad city limits.

City Civil Court, Ahmedabad exercises unlimited original jurisdiction, to try Civil Suits wherein the value of the subject matter exceeds Rs. 5,000/-.

The District Judges and Assistant Judges in the District Court are having jurisdiction over the entire district concerned; while Civil Judges posted for Taluka places have jurisdiction over the Taluka limit.

The pecuniary jurisdiction for Civil Judges (Junior Divn.) is Rs.50,000/-.

All other cadres on civil side are having unlimited pecuniary jurisdiction to try Civil Suits wherein the value of the subject matter exceeds Rs. 50,000/-.

The Judges, Small Causes Courts, Ahmedabad and Mofussil are having pecuniary jurisdiction upto Rs. 5,000/-. The proposal of the High Court to raise the pecuniary jurisdiction from Rs.5,000 to Rs.50,000 is under consideration of the Government.

TRAINING

2.6.38 At present, training is given at the induction level for two months to the new entrants as per the rules framed by the Judicial Academy of the Gujarat State.

* * * * *

2.7 HARYANA

2.7.1 The State of Haryana came into existence with effect from 1-11-1966 vide Punjab Re-organisation Act, 1966. Prior to that, the entire area which now comprises State of Haryana after 1-11-1966 was a part of erstwhile Punjab and the history of Punjab prior to 1-11-1966 is to be read as history of Haryana.

2.7.2 In Haryana, there are two cadres in the service viz. Superior Judicial Service and Haryana Civil Service (Judicial Branch).

2.7.3 Both the categories of officers enjoy Civil and Criminal Jurisdiction at the same time.

2.7.4 The Superior Judicial Service consisted of District & Sessions Judges and Additional District & Sessions Judges and exercised both Civil & Criminal jurisdiction.

2.7.5 The Officers of Haryana Civil Service (J.B.) also enjoy Civil and Criminal jurisdiction simultaneously and they were designated as under :-

i) Senior Sub Judge.

ii) Sub Judge 1st Class.

iii) Sub Judge 2nd Class.

iv) Sub Judge 3rd Class.

On the Criminal side they were designated as :-

i) Chief Judicial Magistrate.

ii) Additional Chief Judicial Magistrate.

iii) Sub Divisional Judicial Magistrate.

iv) Judicial Magistrate 1st Class.

v) Judicial Magistrate 2nd Class.

2.7.6 After the judgment of Hon'ble Supreme Court in All India Judges' Association case reported in 1993 (6) SLR 37, uniformity in heirarchy and designation was given effect to throughout the country including the States of Punjab & Haryana and Haryana Civil Service (Judicial Branch) was divided into following two categories :-

i) Civil Judge (Senior Division) which included Additional Civil Judge (Senior Division), and

ii) Civil Judge (Junior Division).

2.7.7 Initial appointment to the post of Civil Judge (Junior Division)-cum-Judicial Magistrate Second Class is made from amongst the Advocates with three years' practice at the Bar, by the Haryana Public Service Commission, on the basis of written test and interview. Every candidate on being appointed as Civil Judge (Jr. Division) is on probation for two years. On appointment, he is given training for 15 weeks in revenue, civil and criminal matters besides in office administration.

2.7.8 The initial pay on appointment as Civil Judge (Junior Division)-cum- Judicial Magistrate Second Class is Rs.2200-75-2800-EB-100-4000. After five years of service, he will be entitled to the senior scale of Rs.3000-100-3500-125-4500. After 12 years of service, he would be entitled to the selection grade in the pay scale of Rs.4100-125-4850-150-5300.

NOTE:- The Judicial Officers of the State of Haryana have been granted interim relief as recommended by the First National Judicial Pay Commission at 40%.

2.7.9 The Civil Judge (Junior Division)-cum-Judicial Magistrate Second Class are designated as Civil Judge (Sr. Divn.) / Additional Civil Judge (Sr. Divn.) / Chief Judicial Magistrate on the basis of their seniority in the cadre, as these are not promotion posts.

2.7.10 There are altogether 178 posts in the cadre.

SUPERIOR JUDICIAL SERVICE :

2.7.11 Recruitment to Haryana Superior Judicial Service is made by promotion as well as direct recruitment.

2.7.12 At present, 85% of the posts are filled up by promotion from amongst the members of Haryana Civil Service (Judicial Branch) who have completed not less than 10 years of continuous total service and have held for an aggregate period of one year or more anyone or more of the following posts, viz.,

i) Civil Judge (Senior Division);

ii) Additional Civil Judge (Sr. Division);

iii) Chief Judicial Magistrate;

iv) Addl. Chief Judicial Magistrate; and

v) Judge, Court of Small Causes.

2.7.13 Fifteen per cent of the cadre strength is filled up by direct recruitment from amongst the advocates who have practised at least for 10 years. Direct recruits will be on probation for a period of two years.

2.7.14 At present, there are 88 posts in the pay-scale of Rs.3200-100-3700-125-4700-150-5600 with special pay of Rs.200/-.

NOTE:- Prior to Notification dated 6-3-1991, two-third of the total cadre posts were manned by promotee officers and one-third by direct recruits, Rule 8(2) of the Punjab Superior Judicial Service Rules, 1963 (as applicable to the State of Haryana) were amended vide Notification dated 6-3-1991 increasing the quota of promotee officers from two-third to three-fourth and decreasing the quota of direct recruits from one-third to one-fourth. Thereafter Rule 8(2) of Rule ibid was again amended by the Haryana Government vide Notification dated 29-9-1997 increasing the quota of promotee officers from 75% to 85% and decreasing the quota of direct recruits from 25% to 15%.

2.7.15 The posts of Legal Remembrancer and Joint Legal Remembrancer, Haryana carry special pay of Rs.500/- per month. These are selection grade posts in the pay scale of Rs.5900-200-6700.

2.7.16 The initial pay of the direct recruits will be fixed in the time-scale after allowing one increment for every two completed years of practice at the Bar beyond the practice of 10 years, subject to a maximum of 5 increments.

2.7.17 JURISDICTION :

The Court of the District Judge is the Principal Court of original Jurisdiction in the District. The District Judge also exercises appellate jurisdiction.

Normally, the Civil Judge has territorial jurisdiction within the District of his posting. An appeal from the decree or order of the Civil Judge lies to the District Judge irrespective of the value of original suit. Additional District Judge is entrusted with such appeal having jurisdiction value of not more than Rs.1,50,000/-.

The Civil Judge (Junior Division) with less than 3 years of service shall have limited pecuniary jurisdiction up to Rs. 2 Lakhs.

The Civil Judge (Junior Division) having more than 3 years of service shall have unlimited pecuniary jurisdiction.

The Civil Judge (Senior Division) exercises unlimited pecuniary jurisdiction. However, the Civil Judge (Senior Division) also exercises appellate jurisdiction in respect of certain categories of suits in pursuance of the powers conferred on him by the High Court under sub-section (5) of Section 39 of Punjab Court's Act, 1918.

The Sessions Judge / Additional Sessions Judge in the District exercise appellate and revisional jurisdiction in respect of the Criminal cases decided by the Chief Judicial Magistrate / Judicial Magistrate First Class.

* * * * *

 

2.8 HIMACHAL PRADESH

2.8.1 Under the First Schedule of the Constitution of India, Himachal Pradesh and Bilaspur were Chief Commissioners’ Provinces. Both were Part ‘C’ States.

2.8.2 By the Himachal Pradesh and Bilaspur (New State) Act, 1954, a new State of Himachal Pradesh by uniting the existing States of Himachal Pradesh and Bilaspur was formed.

2.8.3 By Sub-Section (1) of Section 5 of the Punjab Reorganisation Act, 1966, certain territories in the then existing State of Punjab were integrated into the State of Himachal Pradesh.

2.8.4 Before independence, Bilaspur, Chamba and Sirmur were Princely States with independent Judicial administration.

EARLY COURTS IN THE PRINCELY STATES :

2.8.5 (1) Bilaspur : The sovereign was the fountain head of law and formed highest court of justice. He was assisted by his ministers or wizier in whose hands rested the practical management of every department. In the durbar, which was a regular feature of court life, the people came to complain and to get their grievances redressed. The justice was administered by the word of mouth. Executions, as was customary, were prompt and swift.

2.8.6 As society progressed, the durbar still continued. But the area of the State was divided into various administrative units each under a Killedar who exercised certain judicial powers of minor nature in addition to his duties as Faujdar.

2.8.7 Heads of villages or saaths settled local disputes. Feudatories and Jagirdars had powers of arbitration and to inflict punishment within their own jurisdictions.

2.8.8 The State was divided into two Tehsils which were further divided into 12 parganas. In the reign of Raja Hira Chand, the erstwhile State was divided into 5 Tahsils, viz., Bilaspur, Punjgain, Fatehpur, Tiun and Sunhani for administrative purposes. 4 years later, the 6th Tahsil by name Bacchretu was added. The six Tahsildars working at the headquarters sat as courts of law in their circles, submitting their findings for final orders to the Raja.

2.8.9 In murder cases, regular files were maintained in the muhafizkhana, the foreign office. Raja Amar Chand amalgamated the six tahsils into two divisions on either side of the river Satluj in 1885 and posted a wizier in charge of each Tahsil. The Tahsildars of these two divisions were invested with certain Criminal powers.

2.8.10 By 1910, various civil and criminal courts had been organised. The Tahsildars and Naib Tahsildars enjoyed the powers of a Magistrate of second class and third class respectively. There was a Civil Judge to dispose of civil cases. The wizier exercised the powers of a District Magistrate in criminal matters and of a District Judge in civil cases. He also exercised over-all control in revenue matters. But, all his decisions were appealable to the Raja. Further improvements in the organisation of the courts appear to have taken place subsequently. By 1942-43 the judicial system comprised on the :

Criminal Side :

1. The Court of Sessions Judge;

2. The Court of the District Magistrate;

3. The Court of the Magistrate First Class;

4. The Court of the Magistrate Second Class.

Civil Side :

1. The Court of the District Judge;

2. The Court of the Sub Judge First Class;

3. The Court of the Sub Judge Second Class.

 

2.8.11 All the above courts were subject to the Appellate Jurisdiction of the High Court (Ijlas-i-Alia). The Ijlas-i-Alia (Raja) had the right to superintendence over every court.

2.8.12 The Punjab Courts’ Act had been applied mutatis mutandis in 1949. Before its enforcement, all the appeals from the Court of Sub Judge First Class irrespective of the value of the suits would lie with the Court of the District Judge.

2.8.13 Ijlas-i-Alia was the final court of appeal. But, both the courts exercised the original civil jurisdiction. In the Ijlas-i-Alia, miscellaneous applications and oral complaints were freely and regularly heard and decided. In the Court of the District & Sessions Judge, certain class of matrimonial cases were decided summarily. On the Criminal side, the High Court consisting of two judges was the highest court of Criminal Justice in the State. Sentence of death passed by the Sessions Judge was subject to confirmation by the High Court.

2.8.14 When the State was merged in the Indian Union on 12th October, 1948, it became a separate centrally administered area. The Civil and Criminal Courts were reorganised with effect from 1-3-1949. The Judicial Commissioner, Himachal Pradesh also became the Judicial Commissioner for Bilaspur exercising the jurisdictional powers of the High Court. Besides, there was a District & Sessions Judge, the District Magistrate, a Senior Sub-Judge, a Magistrate First Class and a Magistrate Second Class.

2.8.15 A Senior Sub Judge -cum- Assistant Sessions Judge exercised unlimited jurisdiction in respect of civil suits. He was invested with powers under the Small Causes Courts Act, Rent Restriction Act, Guardian and Wards Act, Indian Succession Act, Provincial Insolvency Act. The District & Sessions Judge with jurisdiction extending over Bilaspur district was the Superior Court to the Court of the Assistant Sessions Judge. The Himachal Pradesh High Court at Simla was the Apex Court with original, appellate and revisional jurisdiction.

 

2.8.16 The District Magistrate entertained appeals in such cases as prescribed by the Code of Criminal Procedure.

2.8.17 The Assistant Sessions Judge was the Appellate Authority against the orders passed by the Magistrates of the II Class and III Class. He also entertained revision petitions against the orders of the Panchayats in Civil cases. The Sessions Judge exercised Appellate and Revisional Jurisdiction over all the subordinate Courts as prescribed in the Code of Criminal Procedure. The District & Sessions Judge at Simla held circuit court at Bilaspur.

2.8.18 The Himachal Pradesh High Court exercised appellate and revisional jurisdiction over all courts situate within the limits of Himachal Pradesh.

2.8.19 The Panchayats started functioning by the beginning of 1959.

2.8.20 (2) Chamba: In the early period, the ruler of the State used to appoint the Judges, Magistrates and Munsiffs. He was the final Court of Appeal with unrestricted and unlimited original jurisdiction. However, after the advent of the British Rule, death sentence passed by the Ruler was subject to confirmation by the Commissioner of Lahore who was also competent to inspect the Courts.

2.8.21 After the merger of the State into the Indian Union, the territory of Chamba State was formed into a full-fledged separate district and the administration of Justice was as organised as to bring it in line mutatis mutandis with that obtaining in other districts and the following Courts came into being :

Criminal (Magisterial Courts)

1. District Magistrate

2. Magistrate I Class

3. Magistrate II Class

 

Civil and Sessions Courts

1. Senior Sub-Judge-cum- Asst. sessions Judge,

2. District and Sessions judge,

3. Judicial Commissioner.

2.8.22 After independence, Nyaya Panchayats were constituted in 1959 to conduct certain judicial work. These Nyaya Panchayats exercise petty civil, criminal and revenue powers.

2.8.23 (3) Sirmur : During the reign of Raja Fateh Parkash, Criminal cases were decided by ordeal. The convicts in criminal cases were sentenced to fine called "chaheti" or to imprisonment called "dand".

2.8.24 By way of reorganisation of the judiciary during the reign of Raja Shamsher Parkash, the Tahsildars were invested with the powers of Second Class Magistrate and Sub-Judge. The District Judge and the First Class Magistrate was invested with powers above that of the Tahsildar. The heir-apparent was made the Collector and the district Magistrate. The Raja’s own court was declared to be the Court of Final Appeal.

2.8.25 There was a court of Sub-Judge under the District Judge. The Tahsildars were empowered with the powers of the Munsiff to decide civil cases up to the value of Rs. 50/-.

2.8.26 In 1891, High Court was constituted with two judges to dispose of appeals. In case of difference of opinion, the decision of the Raja was final. The sentence of death awarded by the Raja required the confirmation of the Commissioner of Delhi. The Indian Penal code and Criminal Procedure Code and all the local and special laws of Punjab were made applicable to administer criminal justice.

2.8.27 In 1934, during the time of Maharaja Rajinder Parkash, the following courts were in existence. The highest tribunal was the Ijlas-E-Khas (High Court) constituted of the Maharaja as the Chief Justice and two Puisne Judges.

2.8.28 Below the High Court was the Court of Sessions Judge exercising all the powers of a Sessions Court in Punjab.

2.8.29 Subordinate to the Sessions Judge were the Court of the District Magistrate, First Class Magistrate and the Court of Tahsildars.

2.8.30 The Conservator of Forests had also been invested with the powers of the First Class Magistrate to deal with cases of theft of timber from the river Tons.

2.8.31 Towards the end of the princely regime, the judicial system had undergone certain further changes. Instead of Ijlas-E-Khas, the highest tribunal came to be called as the Raj Nyaya Sabha consisting of two members.

2.8.32 The judiciary was independent of the executive. Below the Raj Nyaya Sabha was the High Court presided over by Chief Justice exercising revisional and appellate jurisdiction in civil and criminal matters.

2.8.33 Criminal Justice was administered by a special tribunal, a Sessions Court, a Court of the District Magistrate, three Courts of First Class Magistrates, five Courts of Second Class Magistrates and a Court of Third Class Magistrate.

2.8.34 On the Civil Side, there was a Court of the District Judge and five Courts of Sub-Judges.

2.8.35 At the time of the integration of the State with the Indian Union, there were the following Courts :

On the Civil Side :

1. High Court;

2. Court of the District Judge;

3. Court of the Senior Subordinate Judge

(Magistrates were invested with these powers);

4. Court of the Sub-Judge

(Tahsildars were invested with these powers).

On the Criminal Side :

1. High Court;

2. Court of the Sessions Judge;

3. Court of the District Magistrate

(The Collector was invested with the powers of the District Magistrate);

4. Court of the First Class Magistrate;

5. Court of the Second Class Magistrate;

2.8.36 Raj Nyaya Sabha comprised of two eminent judges was an Advisory Body over and above High Court. It made recommendation to the Ruler in cases which came up in appeal from the State High Court. It also tendered advice in the legal and constitutional matters to the Ruler.

The present set up of Judicial Administration in the State :

2.8.37 At present, there are two cadres. Viz.,

(1) Himachal Pradesh Higher Judicial Service, consisting of:

(i) District and Sessions Judges,

(ii) Additional District and Sessions Judges,

(iii) Registrar, Registrar (Vigilance), Deputation and Leave reserve, and

(iv) President, District Forum.

and

(2) Himachal Pradesh Judicial Service, consisting of:

(i) Senior Sub-Judge cum Chief Judicial Magistrate,

(ii) Sub-Judge-cum-Judicial Magistrate First Class.

 

 

 

 

Himachal Pradesh Judicial Service :

2.8.38 The initial recruitment to Himachal Pradesh Judicial Service is regulated by Himachal Pradesh Judicial Service Rules, 1973. The recruitment to the service is made by the Public Service Commission by competitive examination and viva-voce from amongst the advocates who have practiced at the Bar for a minimum period of three years.

2.8.39 A candidate on being recruited as Sub-Judge cum Judicial Magistrate First Class shall have to undergo practical training for one month with a Senior sub-Judge cum Chief Judicial Magistrate under the Supervision of the District and Sessions Judge. After his appointment to the service, he will be on probation for a period of two years.

2.8.40 There are 41 posts in the cadre in the pay scale of Rs. 2200-50-2400-60-2700-75-3000-100-4000. After 8 years of service, the Sub-Judge -cum- Judicial Magistrate First Class would be entitled to the senior scale of Rs. 3000-100-4000-125-4500. After 12 years of service, 20% of the cadre strength will be given the selection grade pay in the pay scale of Rs. 4125-125-5000-150-5600.

2.8.41 There are 12 posts of Senior Sub Judge -cum- Chief Judicial Magistrates in the Cadre.

2.8.42 There are 5 Leave Reserve posts, 5 Training Reserve posts and 7 Deputation Reserve posts in the cadre of H.P. Judicial Service.

2.8.43 Apart from the aforesaid 41+17 (leave reserve, etc.) posts created in the cadre, there are 10 temporary posts of Sub-Judges -cum- Judicial Magistrates.

 

Himachal Pradesh Higher Judicial Service :

2.8.44 The appointment to the Higher Judicial service is made by the Governor in consultation with the High Court.

2.8.45 There are 24 cadre posts in the H.P. Higher Judicial Service viz., 8 posts of District and Sessions Judges, 7 posts of Additional District and Sessions Judges, one post of Registrar, one post of Registrar (Vigilance), four posts for Deputation and Leave Reserve and three posts of President, District Forum.

2.8.46 Apart from these encadred posts, there are four temporary posts of District / Additional District and Sessions Judges.

2.8.47 33% of the posts are filled up by direct recruitment from amongst the advocates with seven years practice at the Bar. The remaining 67% of the posts are filled up by promotion from amongst the Judicial Officers of the cadre of Himachal Pradesh Judicial Service.

2.8.48 Direct recruits to the service will be on probation for a period of two years. A promoted officer will be considered for confirmation on completion of two years on his being appointed to the service.

2.8.49 The pay scale in the Higher Judicial Service is Rs. 3000-100-4000-125-5000-150-5600.

2.8.50 20% of the total number of duty posts are selection grade posts in the pay scale of Rs. 5000-100-5900-200-6700.

2.8.51 The District and Sessions Judges on selection grade are allowed to draw Ex-gratia three annual increments at the rate of Rs. 200/- p.m., even after they reach the maximum in the scale of Rs. 5000-6700.

2.8.52 The District and Sessions Judge / Additional District and Sessions Judge would be entitled to the selection grade post after 8 years of service on the basis of seniority-cum-merit.

2.8.53 Direct recruits who have practiced as advocates for more than 11 years in the Bar are entitled for one advance increment for each year of practice upto the maximum of five increments.

2.8.54 JURISDICTION :

The Court of the District Judge shall be deemed to be the Principal Court of original jurisdiction in respect of original suits which do not exceed Rs. 5,00,000/- in value.

The senior Sub-Judge/ Subordinate Judge First Class with five years experience shall have jurisdiction in respect of original suits, the value of which does not exceed Rs. 2,00,000/-.

Other Sub-Judges shall have jurisdiction in respect of original suits up to the value of Rs. 50,000/-.

The High Court may, by notification in the Official Gazette, confer within such local limits as it thinks fit, upon the Senior Sub-Judge and any Subordinate Judge who has held the post for a period of not less than 5 years the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Causes Act, 1887, for the trial of Suits cognizable by such Court up to the value not exceeding Rs. 2,000/-.

Appellate Powers :

An appeal from a decree or order of the District Judge or Additional District Judge exercising original jurisdiction shall lie to the High Court.

An appeal from a decree or order of a Subordinate Judge shall lie :

a) to the District Judge where the value of the original suit does not exceed Rs. 2,00,000/-.

b) to the High Court in any other case.

* * * * *

 

2.9 JAMMU AND KASHMIR

2.9.1 Under the First Schedule of the Constitution of India, Jammu and Kashmir was Part 'B' State.

2.9.2 By the Constitution (Seventh Amendment) Act, 1956, Jammu and Kashmir became the Fourteenth State of the Union of India.

EARLY COURTS IN THE STATE :

2.9.3 Jammu and Kashmir was a Princely State. The judicial system in the State could be traced back to 1873. **

2.9.4 The hierarchy of courts at that time was as follows :-

i) Tahsildars (Civil) : The Tahsildars had jurisdiction to decide suits upto the value of Rs.100/-. They were empowered upto one month in criminal cases.

ii) Wajirs : The Wajirs had jurisdiction to decide civil suits upto the value of Rs.1,000/-. They were empowered to inflict imprisonment upto six months. They would hear appeals against the orders of the Tahsildars.

iii) City Court : This court had jurisdiction to decide suits upto the value of Rs.5,000/-. In criminal cases, this court was empowered to inflict imprisonment upto two years.

_______________________________________________________________

** Bates Charles Ellison - A Gazetteer of Kashmir-Part VII Sec. 1, 1873 p.96-98.

 

iv) Sudder Adawlat : This court had unlimited jurisdiction to decide civil suits.

In criminal cases, this court could inflict imprisonment upto five years.

It was also a Court of Appeal against the decisions of Wajirs and City Court.

2.9.5 The Sudder Adawlat or the Chief Court in the province was presided over by a Judge. He was assisted by a Naib. The Judge of Sudder Adawlat was subordinate to the Governor of Kashmir. The Sudder Adawlat had jurisdiction to decide both civil and criminal cases. The Chief Judge of the Sudder Adawlat used to go on circuit to hear appeals from local courts.

2.9.6 The Governor was entrusted with the overall administration of the Valley of Kashmir. The Maharaja was the ultimate court of appeal.

2.9.7 In 1921, Jammu and Kashmir State Civil Courts Regulations provided for the establishment of the following Courts:-

i) The Court of Munsiff;

ii) The Court of Subordinate Judge;

iii) The Court of Additional Judge; and

iv) The Court of District Judge.

2.9.8 The High Court was the highest court with original and appellate jurisdiction. It was the Court of Appeal against the decrees and orders of the District Judges and Additional Judges.

2.9.9 In 1928, the High Court of Judicature consisted of the Chief Justice and two or more Judges. The Chief Justice and other Judges were to be appointed by the Maharaja and they were to hold office during his pleasure.

 

2.9.10 The District and Sessions Judges, Subordinate Judges and Munsiffs were appointed by the Maharaja on the recommendation of the High Court of Judicature.

2.9.11 After the promulgation of the Constitution of India, the President in consultation with the Chief Justice of India and the Sadar-i-Riyasat was the Appointing Authority for the Chief Justice of the High Court. The President in consultation with the Chief Justice of the High Court would appoint the High Court Judges. Sadar-i-Riyasat in consultation with the Chief Justice of the High Court was the Appointing Authority for District Judge. Sadar-i-Riyasat in consultation with the Public Service Commission and the High Court would appoint the Subordinate Judges.

PRESENT STRUCTURE OF THE JUDICIAL SET UP IN THE STATE :

2.9.12 At present, in Jammu and Kashmir, there are :

i) Higher Judicial Service, consisting of District and Sessions Judges / Additional District and Sessions Judges;

ii) District and Sessions Judges, Selection Grade; and

iii) District and Sessions Judges, Super-Time Scale.

There is also Civil Service (Judicial) consisting of

i) Sub Judges / Chief Judicial Magistrates; and

ii) Munsiffs / Judicial Magistrates.

2.9.13 The initial recruitment to the post of Munsiffs / Judicial Magistrates is regulated by Jammu and Kashmir Civil Service (Judicial) Recruitment Rules, 1967, on the basis of the written examination and viva-voce conducted by the Public Service Commission from amongst the Advocates with three years' actual practice at the Bar. After the selection and before his appointment as Munsiff, a candidate shall have to undergo technical training for a period of three months. During that period, he is allowed monthly allowance of Rs.200/-. The selected candidate shall have to pass a departmental examination to be prescribed by the High Court before he is confirmed as Munsiff.

2.9.14 The initial pay of the Munsiff/Judicial Magistrate is Rs. 8000/- in the scale of pay of Rs. 8000-275-12950. There are 56 posts in the Cadre.

2.9.15 Posts of Sub-Judge / Chief Judicial Magistrate and Sub-Judge/Judicial Magistrate are purely promotional posts from the cadre of Munsiff/Judicial Magistrate in the pay scale of Rs.10000-325-15200. There are 14 posts in the cadre of Sub-Judges / Chief Judicial Magistrates and 37 posts in the cadre of Sub-Judges / Judicial Magistrates.

2.9.16 The recruitment and promotion to the Higher Judicial Service are governed by the Jammu and Kashmir Higher Judicial Service Rules, 1983.

2.9.17 At present, there are 43 posts of District and Sessions Judges/Additional District and Sessions Judges, carrying the pay scale of Rs.12000-375-16500. 25 percent of the cadre is filled up by direct recruitment from amongst the Advocates with seven years' practice and the remaining 75 percent is filled up by promotion from the cadre of the Sub-Judges/Chief Judicial Magistrates.

2.9.18 There are nine posts of District and Sessions Judge (Selection Grade) to be filled up purely by promotion from the cadre of District and Sessions Judges / Additional District and Sessions Judges on the basis of merit and efficiency. It is in the pay scale of Rs.14300-400-18300.

2.9.19 The post of District and Sessions Judges (Super Time Scale) is also a promotional post from the District and Sessions Judges (Selection Grade). There are two posts in the Super Time Scale in the pay scale of Rs.16400-450-20000.

2.9.20 All the officers on appointment to the service in the substantive vacancies will be placed on probation for a period of two years. They shall have to undergo such training as prescribed by the High Court from time to time.

2.9.21 JURISDICTION :

(i) The court of the District Judge is the Principal Civil Court of original jurisdiction in the district without limit as regards the value.

(ii) The pecuniary jurisdiction of the Subordinate Judge shall extend to suits of such value not exceeding Rs.50,000/-.

(iii) The pecuniary jurisdiction of a Munsiff has been fixed Rs.15,000/- and High Court may invest named Munsiff with pecuniary jurisdiction which may extend to suits the value whereof does not exceed Rs.25,000/-.

The High Court, may, by notification in the official gazette confer upon any Subordinate Judge or Munsiff the jurisdiction of a Judge of the Court of Small Causes under the Small Causes Courts Act for the trial of suits cognizable by such courts upto such value not exceeding Rs.500/- in the case of a Subordinate Judge or Rs.250/- in the case of a Munsiff.

Appellate Jurisdiction :

An appeal from a decree or order of the District Judge or Additional Judge exercising original jurisdiction shall lie to the High Court.

An appeal from a decree or order of the Subordinate Judge or a Munsiff shall lie to the District Judge.

 

 

 

 

Territorial Jurisdiction :

The District Judge - within the civil district.

The Subordinate Judge - within the territorial jurisdiction of the

sub-division / tahsil.

The Munsiff - within the territorial jurisdiction of the

Tahsil as defined by the High Court.

 

* * * * *

2.10 KARNATAKA

2.10.1 By the States Reorganisation Act, 1956 a new State known as State of Mysore comprising the erstwhile States of Mysore and Coorg, some territories of the Bombay State, Madras State and erstwhile Hyderabad State was formed. Later on, the name of the State was changed to that of Karnataka. Before the formation of the new State, each State had its independent judicial administration.

PRINCELY STATE OF MYSORE :

2.10.2 After the death of Tippu Sultan in 1799, the British recognized the claim of Krishnaraja Wodeyar III, son of Chamaraja Wodeyar to the throne of the State. Poornaiah continued to be the Diwan and Barry Close was the Resident.

2.10.3 The State was divided into three ‘Subhas’ each under the control of a Subhedar, who was the executive officer and also the Judge in his domain. ‘Subhas’ were divided into Districts and the latter into Taluks.

2.10.4 On October 21, 1831 the Governor-General of India Bentick issued proclamation and assumed administration of Mysore for East India Company on the allegation that Raja was incapable of handling the affairs of the State. Administration of Mysore was entrusted to a Board of Commissioners which included a Senior Commissioner and a Junior Commissioner. This Board was assisted by Diwan in financial matters and the Resident in political relations of the Ruler. This Board was abolished in June 1832 and administration of the State was entrusted to one single Commissioner.

2.10.5 After the death of Krishnaraja Wodeyar III in 1868, the British restored the throne to his adopted son Chamarajendra Wodeyar only in March 1881.

2.10.6 In 1881 the post of the Commissioner was abolished and British Resident was appointed in at Mysore. A post of Diwan was created and he was to be the head of the administrative machinery with a council of two advisors.

 

2.10.7 The above system of administration continued till the Maharaja executed the instrument of accession to the Dominion of India on 24-9-1947.

2.10.8 Under the Constitution of India, Mysore State was Part ‘B’ State with the Maharaja designated as the ‘RAJPRAMUKH’.

EARLY COURTS :

2.10.9 Under Hyder Ali and Tippu Sultan, administration of Justice was mainly a local concern. Revenue Officers also acted as Judges. It was the duty of the Amils to investigate serious criminal cases and report to higher authorities for decision. There was a Sadar (Chief) Court at the Capital for administering justice in accordance with Mohammadan Law. Qazis in important towns decided matters concerning succession, inheritance and other matters as per the provisions of Mohammadan Law.

2.10.10 During the regime of Diwan Poornaiah and thereafter, due regard was paid to age old institutions and doctrines of Hindu Law. Matters were usually determined according to earlier precedents and practices. Administration of civil justice was conducted in a manner analogous to that of criminal justice. Separate Department of Justice was constituted at Mysore. It consisted of two Bakshis as Judges, two Sheristedars, six respectable persons who constituted a Standing Panchayet, with one Qazi and one Pandit. In this Court, both civil and criminal cases were heard. Matters relating to caste or community were referred for decision to Pandit or Qazi, as the case may be, who were aided by Panchayet. In taluks also, the disputes were settled through the Panchayet either nominated by the parties or constituted by the Taluk authorities. When life or liberty of a prisoner was involved, the case was fixed for final hearing before the Diwan who pronounced his decision in consultation with the Resident. Death penalty was inflicted only in cases of murder or plunder. Theft or robbery was punished with imprisonment and hard labour in proportion to the nature of crimes. In cases where traditional laws and customs were not applicable, the courts were to act according to the justice, equity and good conscience.

2.10.11 In the beginning of the 18th century, after the Maharaja assumed the reins of the Government, he established a new Sadar Court presided over by two Bakshis to decide civil suits of the value of more than Rs. 500/-. Below the Sadar Court, there were three inferior courts, each presided over by two Presidents called Hakims. The two inferior courts were empowered to decide civil suits, one court upto the value of Rs. 100/- and another court from Rs. 100/- to Rs. 500/-. The third inferior court had exclusive powers to try criminal cases, such as assault, robbery and minor offences and submit proceedings to the Bakshis of the Sadar Court to impose punishment. In respect of heinous crimes, the Bakshis would submit a report to His Highness the Maharaja and get his orders for awarding sentence.

2.10.12 In 1834, the entire State was divided into four divisions viz., Bangalore, Nagar, Chitaldurg and Ashtagram. Each division was represented by an European Officer designated as the Superintendent. He was vested with judicial powers in addition to his duties of collection of revenue.

2.10.13 During the period from 1831-1855 there were 5 grades of Courts for administration of Justice in the State. They were :

(i) Amildar of the Taluk ;

(ii) Principal Sadr Munsiff;

(iii) Superintendent;

(iv) Judges of the Huzur Adalat;

(v) The commissioner.

 

 

2.10.14 At the Taluka level, Amildar decided civil disputes in respect of the suits upto the value of Rs. 100/-. He was empowered to decide suits upto the value of Rs. 500/- with the assistance of Panchayet. He was also vested with powers to try criminal cases and impose fine upto Rs. 7/- and imprisonment for 14 days. He was the head of the Police force.

2.10.15 The Principal Sadr Munsiff was the Court of the original jurisdiction, as well as, the Court of Appeal. He had original jurisdiction to decide suits involving landed property of the value above Rs. 100/- and not exceeding Rs. 1,000/- and other suits of the value upto Rs. 5,000/-. He was the final Court of Appeal in respect of all the suits except the suits involving landed property. He had also jurisdiction to try criminal cases and impose fine upto Rs. 15/- and pass sentence of imprisonment for 2 years.

2.10.16 The superintendent was also the Court of original jurisdiction in respect of suits involving landed property of the value above Rs. 1,000/- and other suits of the value above Rs. 5,000/-. All the appeals from the lower Courts would lie to the Court of the Superintendent. He was exercising powers as Criminal Court to impose sentence upto 7 years imprisonment and a fine of Rs. 30/-.

2.10.17 Huzur Adalat comprised of three Indian Judges. It had no original jurisdiction to decide civil suits. It was a Court of Appeal from the decision of the subordinate native courts. Whenever the Commissioner presided in person to hear Civil appeals, the judges of the Adalat acted as assessors. In criminal cases, the Huzur Adalat and the Commissioner had unlimited powers to impose any sentence of imprisonment and fine. But, the decision of the Adalat was subject to revision by the Commissioner. All sentences of death had to be submitted to the Government of India for confirmation.

2.10.18 The Commissioner was the Court of Appeal to decide all appeals from the decisions of the Superintendent and Huzur Adalat.

2.10.19 Panchayet System was widely recognized. Suits were decided with assistance of Panchayet in the Courts of the Amildar, Sadr Munsiff and Superintendent. Five most respectable and intelligent inhabitants who were nominated by the court and competent to perform the duties of the Panchayetdars were permitted to sit in open court with all the facilities to follow the proceedings. Except in cases of glaring injustice, gross impartiality or corruption, it was not deemed advisable to set aside the opinion of the majority of Panchayet.

2.10.20 In 1856, a Judicial Commissioner was appointed to assist the Commissioner. Deputy Superintendents who were subordinate to the Superintendents of the Divisions were appointed. They were empowered to adjudicate civil suit of unlimited pecuniary jurisdiction with a provision of appeal to the Courts of Superintendents.

2.10.21 Under the revised Constitution of Mysore Administration , Huzur Adalat and Sadr Munsiff Court were abolished. Small Causes Courts were established.

2.10.22 During 1862-63 the following Courts were in existence :

(i) Judicial Commissioner exercising powers of the Chief Court with Criminal and Civil Jurisdiction over the whole State;

(ii) Superintendents of Divisions;

(iii) Deputy Superintendents of Districts;

(iv) Judges of Small Causes Courts;

(v) European Assistant Superintendents;

(vi) Amildars of Taluks.

2.10.23 During 1862-63, the Superintendents of Divisions were vested with powers of Sessions Judges. Judicial Commissioner was vested with powers of Sadr Court. All sentences of death passed in Sessions Cases were forwarded for confirmation to the Court of the Judicial Commissioner which was a court of final reference, revision and of appeal in all judicial proceedings.

2.10.24 In 1869, revised Rules of Civil Procedure was introduced and Asst. Superintendents were relieved of the Civil work and in their places, Judicial Assistants were appointed.

2.10.25 In 1872, Criminal Procedure Code (Act X of 1872) was introduced in Mysore.

2.10.26 In 1874-75, Munsiffs with jurisdiction to decide civil suits were appointed in the place of Amildars.

2.10.27 In 1876, the following Courts were existing :

(a) Judicial Commissioner,

(b) Commissioners,

(c) Deputy Commissioners,

(d) Small Causes Court,

(e) Judicial Assistants,

(f) Munsiffs.

2.10.28 In 1879, Judicial Administration was completely bifurcated from revenue administration except in the case of the Deputy Commissioner who continued to be the District Magistrate. Courts of the District Judges with unlimited original jurisdiction, as well as, pecuniary jurisdiction were established. Judicial Assistants were replaced by Sub-Judges. The District Judge was also the appellate authority to hear appeals from the decisions of the Sub-Judges.

2.10.29 In 1880, the following civil courts were in existence to administer justice:

(a) Court of the Chief Judge, Mysore;

(b) Courts of the District Judges;

(c) Bangalore Court of Small Causes;

(d) Subordinate Judges’ Courts;

(e) Munsiffs’ Courts.

 

2.10.30 However, the Bangalore Small Causes Court was abolished in 1881.

2.10.31 The Chief Court of Mysore was reconstituted with three Judges under the Mysore Chief Court Regulation I of 1884. This Court was the highest Court of Appeal, Reference and Revision in the territories of Mysore and had powers of superintendence and control over all other Courts in the State.

2.10.32 In 1887, the system of trial by jury was introduced in Sessions cases. Under the Chief Court, there were District Courts, Subordinate Judges' Courts and Munsiffs' Courts on the Civil side and Court of Sessions, District Magistrate and Magistrates of First, Second and Third Class, on the criminal side.

2.10.33 Below the Munsiffs' Courts, village Courts were established.

2.10.34 In 1880, Munsiffs were invested with the powers of Taluka Magistrates. However, Amildars still retained their magisterial powers.

2.10.35 In 1881, administration of Criminal justice was presided over by the Chief Judge. His Court exercised powers of the High Court as described in the Civil and Criminal Procedure Code.

2.10.36 In 1895, three District Courts, one in Bangalore with jurisdiction over the Districts of Bangalore, Kolar and Tumkur, one in Mysore with jurisdiction over the Districts of Mysore and Hassan and one in Shimoga with jurisdiction over the Districts of Shimoga, Kadur and Chitaldurg were established. These Courts exercised civil jurisdiction within its territorial limits. The pecuniary jurisdiction of the District Courts was upto the value of Rs. 10,000/-. They had exclusive jurisdiction over the cases in respect of Probate, Administration, Land Acquisition and minors' estates.

2.10.37 Three Subordinate Judges Courts, one in Bangalore, one in Mysore and one in Shimoga having territorial jurisdiction co-terminus with those of their respective District Courts were established. These courts exercised pecuniary jurisdiction above Rs. 2,500/- but not exceeding Rs. 10,000/- in value with effect from 1-4-1899. These courts also exercised Small Causes jurisdiction in respect of money suits above Rs. 50/- but not exceeding Rs. 100/- in value. The Subordinate Judges of Mysore and Shimoga were also authorised to hear appeals from the decisions of the Munsiffs, which were transferred to them by the respective District Judges.

2.10.38 The courts of Munsiffs exercised original jurisdiction in respect of suits of the value upto Rs. 2,500/- and had been invested with powers of the Courts of the Small Causes in respect of money suits not exceeding Rs. 50/- in value.

2.10.39 By Village Courts Regulation VII of 1913, Village Courts presided over by Village Munsiffs were established. The structure of these courts was chiefly based on the Madras Village Courts Act I of 1889. These Village Courts exercised exclusive jurisdiction in respect of certain classes of suits upto the pecuniary limit of Rs. 20/-. However, these courts decided suits upto the value of Rs. 200/-, if both the parties gave their consent in writing.

2.10.40 Honorary Magistrates were appointed in Bangalore and Mysore in 1909-10.

2.10.41 During the years 1911-13, three permanent Sessions Courts were established at Bangalore, Mysore and Shimoga. There were three Assistant Sessions Judges in Bangalore, Mysore and Shimoga to try Sessions cases transferred to them by the respective Sessions Judges.

2.10.42 Trial of Sessions cases was usually conducted with the aid of assessors.

2.10.43 Sessions trial by jury system was introduced in Bangalore and Mysore in 1917 and the same system was extended to the Districts of Kolar and Tumkur in 1922.

 

 

2.10.44 Practice of holding Circuit Sessions was prevailing.

2.10.45 There were District Magistrates in each District to hear appeals also.

2.10.46 In May 1918, a scheme for providing separate agency for the disposal of original criminal work was sanctioned. According to it, there were three grades of Special Magistrates. The first grade Magistrates were the First Class Magistrates and they exercised appellate powers. The second grade Magistrates exercised powers of the II Class Magistrates. In special cases, they were invested with the powers of the First Class Magistrates and also the appellate powers. The third grade Magistrates generally exercised Second Class Magisterial powers. Bench of Magistrates was constituted in places wherever possible for the trial of second and third class cases.

2.10.47 The Asst. Commissioners, Amildars and Deputy Amildars continued to be Ex-Officio Magistrates. They exercised only the powers of executive Magistrates as referred to under Chapters VIII to XI of the Criminal Procedure Code.

2.10.48 During 1915-16, sanction was given for the constitution of Bench of Magistrates at Tumkur, Chickmagalur, Hassan and Chitaldurg. In 1923-24, such Courts were established in all the Districts.

2.10.49 In 1919, a scheme for the separation of judicial functions from the executive was introduced. Under this scheme, revenue officers were divested of judicial functions and separate Magistracy was constituted.

2.10.50 A Stationery Magistrate of the rank of Munsiff was appointed for every two or three taluks for disposing of second and third class cases and a Magistrate of the status of Subordinate Judge was appointed for district head-quarters for trying first class cases. These special magistrates formed a separate branch of judicial service. Deputy Commissioner continued to have powers of District Magistrates. Administration and control over all the Magistrates’ Courts in the district had been vested in the District Magistrate who was also the Deputy Commissioner till June 1, 1956. From that date separation of Judiciary from executive was brought into force and the Magistrates’ Courts, came under the control of the Judicial District Magistrate who also exercised general administration and supervision over them. Civil Judges were being appointed as Judicial District Magistrates by the State Government. The scheme of separation of judiciary from executive when it was introduced in 1956 was designed within the then existing framework of the Criminal Procedure Code.

 

COORG

2.10.51 In the fourteenth, fifteenth and sixteenth centuries Coorg was being ruled by petty chiefs called Nayaks. In the seventeenth century the rulers of Haleri dynasty directly established their rule over the territory of Coorg. Muddu Raja shifted his capital from Haleri to Madikeri. Chikkavira Rajendra Wodeyar who ruled Coorg from 1820 to 1834 was deposed by the British Resident. East India Company annexed the territory of Coorg and brought it under the administration of the Foreign and Political Department of the Government of India with the Commissioner of Mysore State as the Commissioner of Coorg also.

2.10.52 Under the Government of India Act, 1919 Coorg was constituted as the Chief Commissioner’s Province with a legislative Council consisting of elected and nominated members. After the Constitution of India came into force, Coorg became Part ‘C’ State.

 

 

 

 

ADMINISTRATION OF JUSTICE IN THE ERSTWHILE STATE OF COORG*

 

2.10.53 During the rule of Rajas, the judicial administration in Coorg was very primitive. Custom and usage took the place of law. During this period, there was no organised police force.

2.10.54 The King who sat on the throne administered justice in person. Subordinate Officers had powers to give judicial decision to certain extent. Disputes of serious nature and questions involving property of any amount were determined only by the Raja, as the final authority.

2.10.55 After taking over the administration of the Government of Coorg by the British in 1834, the existing judicial organisation of the State was not interfered with. Patels were empowered to hear and determine such suits as were referred to them. If the parties were not satisfied with the decisions of the Patels, they could prefer appeal to the Parpathigar. They were deciding causes not exceeding Rs. 50/- on the strength of written evidence. All causes in excess of Rs. 50/- and not exceeding Rs. 100/- were decided by specially convened Panchayet. Appeals against the decisions of Parpathigars were filed in Subedar Cutcherry. Subedars were empowered to decide causes upto Rs. 100/- but, in causes where the subject matter of the litigation exceeded Rs. 100/-, they constituted Special Panchayet to settle them. Above these judicial tribunals, there existed higher Court called Daryaft Cutcherry consisting of three men. This Court heard all appeals against the decisions of Subedars. It had original jurisdiction to determine causes from Rs. 200/- to Rs. 1,000/- upon recording evidence. All causes above Rs.1,000/- and not exceeding Rs. 3,000/- were determined by Panchayet convened by Daryaft Cutcherry, distinct from the other Panchyets convened to try small causes suits.

_______________________________________________________________

* Mysore State Gazetteer, Coorg District.

 

2.10.56 On the Criminal side, Gauda of a village was authorised to reprimand and admonish the offenders for minor offences. The Parpathigars had powers to confine offenders for ten days. All other offenders deserving higher punishment were sent to Subedar who had power to confine offenders for 30 days. The Daryaft Cutcherry was constituted as a Court of Punishment in the later part of the 18th century and it had powers to sentence people for long terms of imprisonment. With the promulgation of Penal Code and Criminal Procedure Code which were introduced in Coorg in 1861 and 1862 respectively, the mode of punishment underwent radical change. Offences and nature of punishment to be awarded were clearly specified. In the later years, the Chief Commissioner of Coorg was the Ex-Officio Inspector General of Police.

2.10.57 In 1868-69, Coorg Courts Act (Act XXV of 1861) came into force. Under the said Act, Daryaft Cutcherry was abolished. Two Subedars out of six were conferred with First Class jurisdiction on the civil side. On the criminal side, all appeals against the decisions of the Magistrates were preferred to the Judicial Commissioner. The Parpathigars or Naib Subedars were invested with powers to try suits of money or immovable property of the value not exceeding Rs. 50/-. Appeals from the decisions of Subedars would lie to the Asst. Superintendents. Appeals from the decisions of Asst. Superintendents would lie to the Superintendent and finally to the Judicial Commissioner.

2.10.58 Coorg had no independent High Court of its own. Originally, the Chief Judge of the old Chief Court of Mysore exercised powers of the Judicial Commissioner of Coorg. In 1884, the Government of India passed an order that the judicial work arising in Coorg and in Civil & Military Station, Bangalore, should be performed by the Chief Commissioner of Coorg who was also the British Resident of Mysore. Accordingly, he exercised the powers of the High Court. Revisions petitions arising out of the orders of the Judicial Commissioner were transferred to the Madras High Court. This arrangement continued upto 1936. On the representation made by Coorg Bar Association, the Government of India, issued orders appointing District & Sessions Judge at Chittor District in Madras State ( now in Andhra Pradesh) as the Addl. Judicial Commissioner of Coorg in addition to his own duties. Under the said arrangement, the Dist. & Sessions Judge, Chittor, held his court at Bangalore, once in a month, as Addl. Judge of the Court of the Resident and exercised powers of the High Court, sitting as a single Judge. The Chief Commissioner of Coorg sat with him only in referred trials and in appeals against death sentences. This arrangement continued till 1947. By 1948 the Coorg Legislature passed an enactment, Act II of 1948 extending territorial jurisdiction of the Madras High Court to Coorg. Thereafter, the Madras High Court functioned as the High Court of Coorg.

2.10.59 After popular Ministry took charge in March, 1952 the Coorg Government considered the desirability of bringing the State under the jurisdiction of the Mysore High Court on the ground of language. Eventually, with the concurrence of the Mysore Government, Coorg Act I of 1953 was enacted bringing the judicial administration of the Coorg State under the control of the High Court of Mysore.

2.10.60 Upto the end of June 1940, the Commissioner of Coorg was the District Judge. Thereafter, regular post of a District Judge was created. Under the Coorg Courts Act, 1948 District Court had jurisdiction to hear and determine any suit of original proceedings without restrictions as to the value. It was principally the Civil Court of original jurisdiction for the State. Munsiff Courts at Mercara and Virajpet had Jurisdiction to hear and determine any suit of original proceedings, the value of which did not exceed Rs. 2,500/-. The post of Special Magistrate with First Class powers with jurisdiction over the whole State was created on 1st July 1955. Munsiffs and First Class Magistrates continued to do criminal work trying only cases coming under the Indian Penal Code. Benches of Special Magistrates in Coorg were constituted in 1920 under Section 15 of the Code of Criminal Procedure in Mercara, Somawarpet, Virajpet and Ponnampet.

2.10.61 A scheme of separation of judiciary from executive was introduced in Coorg from 1-12-1959.

2.10.62 Sessions Court is the Principal Court of Original Jurisdiction in the District.

JUDICIAL SET UP IN THE TERRITORIES OF THE ERSTWHILE HYDERABAD STATE

2.10.63 Major parts of Gulbarga, Bidar and Raichur Districts were integrated into the State of Mysore under the States Reorganisation Act, 1956. Administration of justice was dispensed with these territories as per the judicial system prevalent in the erstwhile State of Hyderabad.

2.10.64 Prior to 1866, the said territories had no separate judicial courts. Revenue officers were administering civil justice.

2.10.65 In 1870, the Revenue Officers were divested of their powers except Tahsildar to decide civil cases and separate city courts were established. Civil courts were not established in Taluk headquarters. Hence, Tahsildars continued to decide civil suits. On the Criminal side, Talukdars and Police Patel were discharging magisterial functions. Subedar of the Gulbarga Division was the highest judicial officer in the division who decided civil cases in addition to his revenue duties.

2.10.66 Separation of judiciary from executive was implemented in the erstwhile State of Hyderabad in 1922. Munsiffs were appointed for each Diwani Tehsil and they were invested with First Class Magisterial powers on the criminal side. Under the amended Code of Criminal Procedure, Revenue officers ceased to exercise even the limited powers conferred on them earlier.

2.10.67 Previously, for each District in the old Hyderabad State, there was a post of Nazim Adalat Zila who was the District Judge and Magistrate. This post was abolished in 1951 and in its place, the post of District & Sessions Judge was created for each district. Similarly, the post of Subordinate Judge-cum-District Magistrate was also created for each district during the same year. This Court of the Subordinate Judge-cum-District Magistrate was functioning in the Districts till 1954.

Mysore Civil Courts Act, 1964 :

2.10.68 This Act came into force with effect from 1st July 1964 to provide for a uniform law relating to the constitution, powers and jurisdiction of the civil courts in the State of Mysore. By virtue of the same, three classes of civil courts subordinate to the High Court of Mysore were established in each district. They were (i) District Court, (ii) Civil Judges’ Courts and (iii) Munsiffs’ Courts.

Present set up of judiciary in the State :

2.10.69 At present, recruitment and promotion to the Karnataka Judicial Service are governed under the Karnataka Judicial Service (Recruitment) Rules, 1983.

2.10.70 The Judicial Service in the State consists of :

(i) District & Sessions Judges (Supertime scale);

(ii) District & Sessions Judges;

(iii) Civil Judges (Senior Division) and Chief Judicial Magistrates,

(iv) Civil Judges (Junior Divn.) and Judicial Magistrates of First Class.

2.10.71 Initial recruitment to the cadre of the Civil Judges (Junior Division) and Judicial Magistrates First Class, is made directly by the High Court from amongst the practicing advocates of not less than 4 years' experience at the Bar, or, from amongst the Senior Asst. Public Prosecutors or Asst. Public Prosecutors with 4 years' service inclusive of Bar experience. The selected candidates would be on probation for a period of two years. During this period they shall undergo such training as prescribed by the High Court.

2.10.72 There are 330 posts in the said cadre carrying a pay scale of Rs. 2375-75-2900-100-3700-125-4450.

2.10.73 The cadre of Civil Judges (Senior Division) and Chief Judicial Magistrates are purely promotional posts from the cadre of the Civil Judges (Junior Division) and Judicial Magistrates First Class, in the pay scale of Rs. 3825-125-4700-150-5300-175-5825. There are 167 posts in this cadre.

2.10.74 The cadre of District Judges is filed up by direct recruitment, as well as, by promotion from the cadre of Civil Judges (Senior Division) and Chief Judicial Magistrates in the ratio of 1:2. Direct recruitment is made from amongst the members of the Bar with 7 years practice. The District Judge starts with a basic pay of Rs. 4700/- in the scale of Rs. 4700-150-5300-175-6000-200-6400.

2.10.75 There are 115 posts of District Judges at present. The directly recruited Judges from the Bar will be on probation for a period of two years and they must undergo such training, as may be, prescribed by the High Court.

2.10.76 There are 20 posts of District & Sessions Judges (Supertime scale) in the pay scale of Rs. 5825-175-6000-200-6800. These posts are filled up by promotion on selection from the cadre of the District & Sessions Judges who have put in 5 years of service as such.

2.10.77 The presiding officers of the Labor Courts and Industrial Tribunals get a special pay of Rs. 100/- per month.

2.10.78 JURISDICTION :

Territorial : District Court : Entire District.

Civil Judge (Sr.Divn.) : One or more taluks of the District.

Civil Judge (Jr. Divn.) : Every Revenue Taluk of the Dist.

Pecuniary : Civil Judge (Sr.Divn.) : Unlimited - Above Rs. 50,000/-

Civil Judge (Jr. Divn.) : Upto Rs. 50,000/-

Court of Small Causes at

Bangalore and Mysore : Upto Rs. 25,000/-

Appellate Jurisdiction of the Dist. Court : Rs. 20,000/- to Rs. 1,00,000/-.

 

2.10.79 BANGALORE CITY CIVIL COURTS :

City Civil Courts for the City of Bangalore have been constituted under the Bangalore City Civil Courts Act, 1979.

City Civil Court is subordinate to the High Court and every decree or orders passed by it are appealable to the High Court of Karnataka.

The Principal City Civil Judge and other Judges of the City Civil Courts are of the general cadre of the District Judges.

Jurisdiction :

Territorial : Metropolitan area comprising Bangalore City declared under Section 8 of the Criminal Procedure Code, 1973.

Pecuniary : Unlimited in respect of suits and other proceedings of civil nature except suits or other proceedings which are cognizable by the High Court and Court of Small Causes.

 

* * * * *

2.11 KERALA

2.11.1 The State of Kerala was formed by the integration of some of the territories of the erstwhile Madras Presidency with the remaining territories of Travancore - Cochin under the State Re-organisation Act, 1956.

2.11.2 Both the princely states of Travancore and Cochin had independent judicial system for the administration of justice. Col. Munro, who was the British Resident, Diwan of Travancore and the political agent of the State of Cochin was the Chief Architect of the legal system of Travancore and Cochin.

Administration of Justice in the Princely State of Cochin :

2.11.3 Prior to 1812, no planned legal system existed in the State of Cochin. The disputes were decided by the Desavazhis and Naduvazhis according to the custom of the land. Serious legal tangles were resolved by the Kariakkars, who were in charge of revenue and legal administration. Disputes, which were grave in nature, went to the Raja for redressal. The Raja administered justice with the able and effective assistance of Kariakkars who were well-versed in the field and Sastris, who had an in-depth knowledge of Dharma Sastras. Criminal justice was administered by Madambis and Swarupis. But, under the HUK-NAMAS of May 1812, revenue, judicial and police functions were separated. Under the HUK-NAMAS of April 1813, two Cheriya or Subordinate Courts were established at Tripunithura and Trichur and one Valia or Huzur Court with original and appellate jurisdiction was established at Ernakulam. The Huzur or Valia Court at Ernakulam was presided over by the Diwan, a Hindu and Christian Judge and a Sastri whereas the Subordinate Courts were presided over by a Hindu and Christian Judge and a Sastri. Courts were to decide disputes according to the provisions of Dharma Sastras and custom of the land. The Subordinate Courts are the predecessors of the District Courts at Ernakulam and Trichur and the Huzur Court is that of Cochin Chief Court.

2.11.4 Suits with the valuation of more than 3000 fanams (Rs.857/-) and all suits against white Jews were instituted in Valia Court. All other suits were instituted in the subordinate courts and are disposed of with a provision to prefer appeal to the Valia or Huzur Court.

2.11.5 In 1818, a proclamation was issued, by which ‘Valia’ Court was converted into a Court of Appeal and ‘Cheria’ Courts were converted into Zilla Court at Trichur and Anjikaimal Court at Ernakulam with unlimited pecuniary jurisdiction subject to the authority of the Court of Appeal. Civil and Criminal Procedure Codes were prepared and implemented during this period.

2.11.6 During 1835, Diwan Venkata Subbaiah and his associate Shri E. Sankara Warrier effected various relevant and contemporary transitions to the legal system prevalent in the State of Cochin. The Judges of Appeal Court were appointed as Circuit Judges to dispose of sessions cases.

2.11.7 In 1852, a Munsiff’s Court was established for the first time to dispose suits, the subject matter of which did not exceed Rs.100/- in value.

2.11.8 In 1868, the Circuit Courts were abolished and Zilla Criminal Courts were established and the scope of their jurisdictional ambit was widened.

2.11.9 By Regulation I of 1882, the following grades of Courts were constituted:

(i) Munsiffs’ Courts with ordinary jurisdiction upto Rs.500/- and small causes suits upto the value of Rs.25/-.

(ii) Appeal Court consisting of two Judges to dispose of appeals from the decisions of Zilla Courts in respect of the suits relating to immovable properties of value less than Rs.1000/- and in other cases upto the value of Rs.3000/-. However, the Court was to pronounce decisions only after confirmation of the same by the Raja.

(iii) Appeals in respect of suits of higher value were disposed of by a single Judge whose decision was appealable to the Raja’s Court of Appeal.

2.11.10 In 1884, administration of Criminal justice was completely re-organised by the enactment of Police Regulation, Cochin Penal Code and Cochin Criminal Procedure Code, which were the adaptations of the corresponding British India Acts.

2.11.11 By Regulation II of 1900, a Chief Court consisting of a Chief Judge and two puisne Judges replaced the Appeal Court and the Raja’s Court of Appeal. The Chief Judge of the Court of Appeal was the first Chief Justice of the Chief Court of Cochin.

2.11.12 By Regulation III of 1900, Zilla Courts were changed into District Courts and the ordinary jurisdiction of the Munsiff was raised from Rs.500/- to Rs.1000/- and their small cause jurisdiction to Rs.50/-.

2.11.13 By Regulation V of 1913, Village Panchayat Courts were established to dispose of suits of the value not exceeding Rs.30/-.

2.11.14 Various Regulations passed between 1909 and 1921 had conferred special jurisdiction with regard to insolvency, guardianship and administration matters on the District Courts.

2.11.15 In 1907, a separate District Magistrate was appointed for the whole State. There were 6 full-time Subordinate Magistrates under him.

2.11.16 In 1938, the Chief Court of Cochin was converted into High Court. The High Court of Judicature at Cochin functioned till 1st July, 1949.

 

 

Administration of Justice in the Princely State of Travancore :

2.11.17 Prior to 1812, there was one Principal Court consisting of Diwan and three Judges (one Nair and two Brahmins) and five Subordinate Courts, each consisting of three Judges (two Brahmins and one Nair) at Padmanabhapuram, Trivandrum and Ambalapuzha Mukhams, Vaikom and Alwaye.

2.11.18 Subordinate Courts had been invested with the power to investigate and decide all civil and criminal cases at the first instance within its respective jurisdiction.

2.11.19 Under the scheme devised by the English Resident Col. Munro and approved by the Rani in 1811 - 1812 A.D., Zilla Courts were constituted to enquire into all civil, police and criminal cases and submit the proceedings to Diwan. Eight Subordinate Courts presided over by the Sheristedar Judges were established and an Appellate Huzur Court attached to the Diwan’s Cutchery was also established.

2.11.20 In 1814, a Court of Appeal called the Huzur Court, consisting of three Judges and the Diwan was established for hearing appeals from the decisions of Zilla Courts.

2.11.21 In 1817, Tahsildars were invested with the power to try petty police cases as a tentative measure, confined to the Taluk of Shencottah.

2.11.22 In 1831 - 1832, Munsiffs’ Courts with jurisdiction to try petty police cases and to decide civil suits of the value of Rs.100/- were constituted.

2.11.23 In 1834, judicial administration in prototype to that of Madras Presidency was introduced. Powers were conferred on Panchayats to adjudicate petty suits.

2.11.24 By Regulation IV, Zilla Courts were re-organised by appointing a Hindu and a Christian Judge and a Pandit with unlimited pecuniary jurisdiction.

2.11.25 By Regulation V, an Appeal Court known as Sadar Court consisting of three Hindu Judges, one Christian Judge, a Sastri and a Mufti, similar to that of Madras Presidency came into force.

2.11.26 In 1834 - 1835, independent Magistracy was established.

2.11.27 In 1856 - 1857, three independent Sessions Courts were established.

2.11.28 In 1861 - 1862, Code of Civil Procedure based on the British India Act was introduced and Small Causes Courts were also established.

2.11.29 In 1866, a single Judge of the Zilla Court was empowered to try and determine civil and criminal cases. Jurisdiction of the Munsiff was raised in respect of suits upto the value of Rs.200/-.

2.11.30 The separation of Judiciary from the Executive was materialised in 1871 with the transfer of power with regard to the superintendence of Courts, vested with the Diwan to the ‘Sadar Court’.

2.11.31 Between 1872 and 1879, Diwan, who was exercising judicial functions as the Chief Magistrate was relieved of his functions and Diwan Peishkars, the commercial agent at Alleppey, the Conservators of Forests and the Superintendent of the Cardamom Hills were empowered with full powers of a Magistrate in their respective ranges.

2.11.32 In 1875, Special Magistrates were appointed by His Highness the Maharaja and invested with powers of Magistrates of First Class. They were empowered to try all cases within their cognizance and commit cases of grave offences either to the British Resident or to the High Court of Madras.

2.11.33 Another order was promulgated in 1876 appointing the Christian Judge of the ‘Sadar Court’ as the Special Appellate Judge to hear appeals from the Special Magistrate Courts.

2.11.34 In 1879, the ‘Sadar Court’ was reorganised to be presided over by three Judges and a Pandit for consultation on points of Hindu Law.

2.11.35 By introducing reforms, a single Judge was empowered to dispose of all matters, including the hearing of all regular appeals, the subject matter of which did not exceed Rs.700/-.

2.11.36 His Highness the Maharaja was the highest appellate Court of the land and heard appeals from the decisions of the ‘Sadar Court’.

2.11.37 During 1878-79, the following Courts for the administration of justice came to be established on the criminal side.

1. Taluk Sub-Magistrates

2. Divisional Sub-Magistrates

3. Magistrates

4. Zilla Criminal Courts

5. Sadar Court

2.11.38 Zilla Courts had been empowered to decide all cases committed to it by the Magistracy. However, where sentence to be passed was one of death or imprisonment for life, the case has to be referred to Sadar Court. But, sentence of death must be confirmed by His Highness the Maharaja.

2.11.39 Under the Regulations of 1980-81, the Magistracy was re-organised as follows:

1. Taluka Magistrates with Second and Third Class powers.

2. Divisional Magistrates with First Class powers.

3. Sessions Judge which is the re-designation of Chief Judge of Zilla Court.

2.11.40 In 1881, Travancore Civil Courts Regulation No.1 came into force. The pecuniary jurisdiction of the Munsiff was raised from Rs.200/- to Rs.500/-. He was also empowered to decide small causes suits upto the value of Rs.20/- under the said Regulation.

2.11.41 By another Regulation, High Court was established with a Chief Justice and four Puisne Judges and a Pandit to advice on points of Hindu Law. The powers of Single and Division Benches were clearly defined by this Regulation. Provision was also made to prefer appeal to the Maharaja.

2.11.42 In 1889, the number of Judges was reduced to four in the High Court. It was also decided that three Judges will constitute the Full Bench.

2.11.43 In 1890, the small causes jurisdiction of the Munsiff was raised from Rs.20/- to Rs.30/- and the decisions of the Zilla Judge on appeals in respect of the suits upto the value of Rs.60/- was made final.

2.11.44 In 1935-36, the following Courts were established:

Civil Side : 1. Village Panchayats

2. Munsiffs

3. District Judges

Criminal Side : 1. Magistrates of the First, Second and Third Classes.

2. Chief Magistrate of the District.

3. Magistrates including Benches of Honorary Magistrates.

4. Sessions Judges.

2.11.45 Consequent on the merging of Travancore and Cochin, the Travancore-Cochin High Court came into existence, by the Travancore-Cochin High Court Ordinance, 1949, on 7th July 1949.

2.11.46 The High Court of Kerala came into existence on 1st November, 1956. After re-organisation of the States, the Subordinate Judiciary in the State consisted of:

1. District Judges

2. District Magistates (now Chief Judicial Magistrates)

3. Subordinate Judges

4. Munsiffs

5. Judicial Magistrates of the First Class

6. Judicial Magistrates of the Second Class

7. Sub Divisional Judicial Magistrates.

2.11.47 Now, the Subordinate Judiciary consists of the Kerala State Higher Judicial Service and the Kerala Judicial Service. The former comprises the cadre of District Judges while the latter consists of Subordinate Judges, Chief Judicial Magistrates and Munsiff-Magistrates. Prior to 1991, the provisions of the Kerala Criminal Judicial Service were applicable for the initial recruitment and promotion of the Judicial Magistrates of the First Class, Second Class and Chief Judicial Magistrates.

2.11.48 Civil Judicial Service and Criminal Judicial Service were integrated into one Service known as the Kerala Judicial Service by framing the Kerala Judicial Service Rules, 1991. Recruitment to the Higher Judicial Service is made under the provisions of the Kerala State Higher Judicial Service Rules, 1961.

 

2.11.49 Under the Kerala State Judicial Service Rules, 1991, recruitment to the cadre of Munsiff-Magistrates is made by direct recruitment from amongst the Advocates with five years practice and by transfer of Assistant Public Prosecutors Grades I and II and Law graduates working in Courts and allied departments in the ratio 3 : 1. The High Court is the authority of recruitment. The officers so recruited shall be on probation for a period of two years on duty within a continuous period of three years. The officers will be initially on a basic pay of Rs.2,500/- in the scale of pay of Rs.2500-75-2800-100-4000. There are 210 posts in this cadre at present.

2.11.50 The post of Subordinate Judge / Chief Judicial Magistrate is purely promotional from the cadre of Munsiff-Magistrates, in the pay scale of Rs.3900-125-4775-150-5075. At present there are 71 posts in this cadre.

The Kerala State Higher Judicial Service consists of:

1. Selection Grade District Judges

2. District and Sessions Judges

3. Additional District and Sessions Judges.

2.11.51 The appointment to the cadre of District and Sessions Judges / Addl. District and Sessions Judges is made by direct recruitment from amongst the members of the Bar with seven years practice and by promotion from the cadre of Sub Judges / Chief Judicial Magistrates. The direct recruitment shall be one-third of the total number of permanent posts in the category of Selection Grade District Judges and District and Sessions Judges. There are 85 posts in the cadre of District Judges in the pay scale of Rs.5100-150-5700. Directly recruited District Judges shall be on probation for a period of two years within a continuous duty period of three years.

 

2.11.52 There are 11 posts in the cadre of Selection Grade District Judges carrying the pay scale of Rs.5900-150-6500-200-6700 in the Judiciary. These are purely promotional posts from the category of District and Sessions Judges.

2.11.53 The District Judges presiding over Motor Accidents Claims Tribunals and Special Judges are entitled for a special pay of Rs.290/- per month.

JURISDICTION :

2.11.54 The District Courts and Subordinate Courts have unlimited pecuniary original jurisdiction.

2.11.55 Local limits of jurisdiction of the Subordinate Judges’ Courts shall be fixed by the Government in consultation with the High Court, from time to time. Similarly, the local limits of jurisdiction shall be fixed by the Government in consultation with the High Court, from time to time.

2.11.56 The pecuniary jurisdiction of the Munsiffs extends to all suits and proceedings, the subject matter of which does not exceed Rs.1,00,000/-.

APPELLATE JURISDICTION :

2.11.57 Appeals from the decrees and orders of the Munsiff’s Courts and also of the Subordinate Judge’s Courts in respect of the suits, the subject matter of which does not exceed Rs.2,00,000/-, would lie to the District Court.

TRAINING :

2.11.58 Officers recruited to the cadre of Munsiff-Magistrates are given pre-induction training for a period of 24 weeks.

2.11.59 Periodical orientation / refresher courses are conducted in the High Court as well as in District centres for all Judicial Officers.

* * * * *

2.12 MADHYA PRADESH

2.12.1 Under the First Schedule of the Constitution of India, Madhya Pradesh was Part "A" State. Madhya Bharat and Vindhya Pradesh were Part "B" States. Bhopal was Part "C" State.

2.12.2 By the State Reorganisation Act, 1956, 8 districts viz., Buldana, Akola, Amravati, Yeotmal, Wardha, Nagpur, Bhandra and Chand districts of Madhya Pradesh were included in the New Bombay State. The territories of the State of Bhopal, State of Vindhya Pradesh, State of Madhya Bharat except Suneltappa of Bhanpura Tahsil of Mandsaur district and Sironj Sub-Division of Kotah district were integrated into the State of Madhya Pradesh and the new State also came to be known as Madhya Pradesh.

EARLY COURTS IN THE PRINCELY STATE OF GWALIOR :

2.12.3 The Administrative machinery of Gwalior State was controlled by the Maharaja, assisted by the Sadr Board consisting of ten members (As per TERZUMA – Gazetteer Riyasat Gwalior, 1912). The State was divided into Zilas (districts). The Zilas were subdivided into Parganas. The villages in a Pargana were grouped into circles, each under a patwari. The Zila was headed by Subahs who were Zila Magistrates exercising powers similar to those of District Magistrates in British India. They were assisted by Kamasdars in charge of Parganas who were Magistrates of Second or Third Class and Munsiffs.

2.12.4 In the Northern Division of the State, the Subahs were directly under the Sadr Board.

2.12.5 The First Judicial Regular Court in the State was established in 1844. This Court was designated as Huzur Adalat. It was presided over by a Judge to hear cases from the city and surrounding districts. In 1852, Judicial Powers, both Civil and Criminal, were invested with Kamasdars and Subahs. The lowest Civil Courts were those of the Kamasdars in charge of Parganas empowered to hear cases upto Rs. 500/- in value. The Sadr Amin of the Zilla decided suits upto the value of Rs. 3,000/-. The Prant Judge had jurisdiction to decide suits upto the value of Rs. 50,000/-. The Chief Judge of the Sadr Adalat or High Court had unlimited jurisdiction.

2.12.6 The lowest Criminal Courts in the State were those of the Kamasdars invested with Second or Third class Magesterial powers. The Sadr Amins were the First Class Magistrates for the Zila. The Subahs were invested with powers of the District Magistrates. The Prant Adalat was the Sessions Court. It was empowered to try Sessions Cases committed to it by the Magistrates of the First and Second Class. The Sadr Adalat or High Court was the highest Criminal Court in the State. Appeals, both Civil and Criminal, would lie from Pargana Courts to the Zila and Prant Courts and also to the High Court. Cases involving imprisonment for life or sentence of death were referred by the Prant Adalat to the Sadr Adalat. All sentences of death were submitted before the Maharaja for confirmation. The Maharaja also heard appeals against the decisions of the Sadr Adalat.

2.12.7 In 1895, the Judicial system which was prevalent in British India was made applicable to the State after modifying it to suit local customs.

PRESENT SET UP OF JUDICIAL STRUCTURE IN MADHYA PRADESH :

2.12.8 In the State of Madhya Pradesh, there is Lower Judicial Service and Higher Judicial Service. The Lower Judicial Service consists of the following cadres, viz.,

i) Civil Judges – Junior Scale;

ii) Civil Judges – Senior Scale;

iii) Civil Judges – Selection Grade cum Chief Judicial Magistrates.

The Higher Judicial Service consists of –

i) District Judges (Senior Time Scale);

ii) District Judges (Junior Administration Grade)-(Non-functional);

iii) District Judges (Selection Grade);

iv) District Judges (Super Time Scale);

v) District Judges (Above Super Time Scale).

2.12.9 Initial recruitment to the cadre of Civil Judges – Junior Scale is regulated by the Madhya Pradesh Lower Judicial Service (Recruitment and Conditions of Service) Rules, 1994.

2.12.10 The recruitment to the posts of Civil Judges – Junior Scale is made by the Public Service Commission from amongst the Advocates who have put in three years of practice at the Bar, on the basis of written examination and interview. After the appointment, the Officer shall be on probation for a period of two years.

2.12.11 The initial pay of the Civil Judge – Junior Scale is in the pay scale of Rs. 8000-275-13500. There are 418 posts in the cadre.

2.12.12 The post of Civil Judge - Senior Scale is purely promotional post from that of the Civil Judge - Junior Scale. The eligibility being six years of service in the lower post. It carries the initial pay of Rs. 10,000/- in the scale of Rs. 10000-325-15200. At present, there are 157 posts of Civil Judges - Senior Scale. After four years of service, a Civil Judge-Senior Scale would be eligible for promotion to the post of Civil Judge-Selection Grade-cum-Chief Judicial Magistrate in the pay scale of Rs. 12000-375-16500. There are 110 posts in that cadre.

2.12.13 The State Government has established Judicial Officers’ Training Institute in the High Court of Madhya Pradesh for imparting training to the newly appointed Civil Judges - Junior Scale and also organising Refresher Course under the direct control of the Chief Justice.

 

2.12.14 Under the Madhya Pradesh Uchchtar Nyavik Seva (Bharti Tatha Seva Sharten) Niyam, 1994, the District Judges (Senior Time Scale) are directly recruited from amongst the members of the Bar with seven years practice and also promoted from the cadre of Civil Judges Selection Grade-cum-Chief Judicial Magistrate on merit-cum-seniority in the ratio of 10:90. After five years of service, in the Higher Judicial Service, he would be entitled for promotion to the post of District Judge in Junior Administration Grade (Non-Functional) in the pay scale of Rs. 12750-325-16500.

2.12.15 There are altogether 218 posts in these two cadres.

2.12.16 District Judge (Selection Grade) is purely a promotional post to that of District Judge in Junior Administration Grade (Non-Functional) with 8 years of service in Higher Judicial Service. There are 53 posts carrying a pay scale of Rs. 15100-400-18300.

2.12.17 The District Judges (Selection Grade) with eleven years of service in Higher Judicial Service would be entitled for promotion as District Judges (Super Time Scale) in the pay scale Rs. 18400-500-22400. There are 26 posts in the cadre of District Judges (Super Time Scale).

2.12.18 There are six posts of District Judges (Above Super Time Scale) in the pay scale of Rs. 22400-525-24500. District Judges (Super Time Scale) with 14 years of service in Higher Judicial Service would be eligible for the said post.

2.12.19 Judicial Officers appointed to the post of District Judges in Senior Time Scale will be on probation for a period of two years.

 

 

JURISDICTION :

2.12.20 Under the Madhya Pradesh Civil Courts Act, 1958, as amended from time to time, the Court of the District Judge is the Principal Court of original jurisdiction. He has to hear and determine any suit or original proceeding without restriction as the Court of the Civil Judge (Senior Scale) has jurisdiction to hear and determine any suit or original proceeding of a value not exceeding Rs. 50,000/-.

2.12.21 The Court of the Civil Judge (Junior Division) has jurisdiction to hear and determine any suit or original proceeding of the value not exceeding Rs. 25,000/-.

2.12.22 The District Judge can exercise Appellate powers.

2.12.23 The territorial jurisdiction of the Courts shall be such as the State Government, may, by notification define.

2.12.24 Under Section 9 of the Civil Courts Act, the High Court, may by notification invest any Civil Court with powers of a Court of Small Causes under law, for the time being in force, in any area, relating to the Court of Small Causes.

2.12.25 The value of the suits of Small Causes nature shall not exceed Rs.1,000/- in the case of the Court of the District Judge. Rs. 500/- in the case of the Court of the Civil Judge (Senior Scale) and Rs. 200/- in the case of the Court of the Civil Judge (Junior Scale).

 

 

 

APPELLATE JURISDICTION :

2.12.26 Under Section 13, appeals from the decrees or orders of the Courts of the Civil Judge (Senior Scale) or of the Civil Judge (Junior Scale) would lie to the District Judge.

2.12.27 Appeals from the decree or order of the Court of the District Judge / Additional District Judge, shall lie to the High Court.

 

* * * * *

 

2.13 MAHARASHTRA

2.13.1 Charles II got the Island of Bombay as dowry from Alfonso VI, King of Portugal. He leased the same to the Company of Merchants of London Trading into the East Indies which later emerged as the East India Company in 1669 for an annual rent of 10 pounds. The Charter of 1668 authorised the Company to legislate and exercise judicial authority in the Island of Bombay.

Court of Judicature in each Division :

2.13.2 On 2nd February 1670, First Law Courts were established by the Company. Two benches of justices were appointed for the trial of minor disputes and offences. The reforms of 1670 divided the Island of Bombay into two divisions, one consisting of Bombay, Mazagaon, Girgoam, while the other comprised of Mahim, Parel, Sion and Worli. A Court of Judicature was established in each division at Bombay and Mahim.

2.13.3 The Court of Judicature consisted of five judges. The Customs Officer of each division being an Englishman was empowered to preside over the respective Courts. Some Indians were also appointed as Judges to assist him.

2.13.4 There was a provision for appeal from the decision of each division to the Court of Deputy Governor and Council. Further appeal was allowed in rare cases to the President and Council at Surat.

2.13.5 Under the Judicial Plan 1672, the Portugese Laws and Customs which were left untouched by the reforms of 1670 were totally abolished. Under the Judicial Plan of 1672, a new Central Court known as Court of Judicature was established on 8th August 1672. It had jurisdiction over all civil, criminal and testamentary cases. The Judge of the Court was prohibited from carrying on private trade or business. He was given a salary of Rs. 2,000/- per year to meet his expenses. There was a provision to prefer appeal to the Deputy Governor and Council against the decision of Court of Judicature. Trial of criminal cases was conducted with the assistance of Jury. Attorneys were also allowed to practice. The English procedure including arrest and imprisonment was followed.

2.13.6 On 25th March 1718, the Court of Judicature consisting of 10 Judges was constituted according to the Laws of the Company. The Chief Justice and 5 Judges were Englishmen. The remaining 4 Judges were Indians representing four different communities, viz. Hindus, Mohammadans, Portuguese-Christians and Parsees. Since English Judges were members of the Governor’s Council, they were considered superior in status to the Indian Judges. This Court exercised jurisdiction over all civil and criminal cases according to law, equity and good conscience. Appeals were allowed from the decisions of the Court of Judicature to the Court of Governor and Council.

Justice of Peace :

2.13.7 For the purpose of administration of Criminal Justice, Bombay was divided into four divisions, viz. Bombay, Mahim, Mazagaon and Sion. In each Division, Justice of Peace was appointed. He was to be an Englishman. He acted as committing Magistrate to arrest the accused and to examine witnesses. Once a month, the Court of Judicature decided Criminal cases with the assistance of Justices of Peace, who acted as Assessors in the Court.

Court of Conscience :

2.13.8 Under the Judicial Plan 1672, a Court of Conscience was established to deal with petty civil cases. The said Court used to meet once in a week. It dealt summarily Civil Cases valued less than twenty Xeraphins. The decision of the Court was final. After 1690, for a few years, the practice of appointing separate Judge was given up and the administration of justice was also entrusted to the Governor and his Council.

Mayor’s Court :

2.13.9 In 1726, the necessity for more regularly constituted judicial authority was felt. Accordingly, Mayor’s Court, similar to that of Madras and Bengal was created for the trial of all actions between Europeans and dependent factories. Appeal was allowed to the Presidency Government against the decisions of the Mayor’s Court and further appeal was allowed to the King’s Council in cases involving a sum exceeding Rs. 4,000/-1.

Court of Request :

2.13.10 In 1753, these Courts were re-established under the revised Letters Patent and Courts of Request were introduced to try suits of limited pecuniary jurisdiction for Indians only 2.

Readers Court :

2.13.11 In 1797, British Parliament enacted an Act authorising the crown to issue Charters to establish Recorder’s Court at Bombay and Madras. Accordingly, Recorder's Court consisting of a Mayor, 3 Aldermen and a Recorder was established. The Recorder’s Court superseded the Mayor’s Court. In most of the matters, the Recorder’s Court was on the same footing as the Supreme Court at Calcutta. Appeals from the decisions of the Recorder’s Court were to lie to the Judicial Committee of the Privy Council.

Supreme Court :

2.13.12 In 1823, the Act of Parliament authorised the Crown to establish Supreme Court in the place of Recorder’s Court at Bombay by a Royal Charter and the Supreme Court enjoyed the same powers and had similar jurisdiction as that of the Supreme Court at Calcutta.

———————————————————————————————

1&2: Imperial Gazetteer of India -The Indian Empire, Vol. IV, Administrative, page 143.

2.13.13 Diwani Adalats and Nizami Adalats were established in Thana under the Bombay Regulations III and V of 1799 and in Surat under Regulations I and III of 1800.

Provincial Court of Appeal3:

2.13.14 By Bombay Regulation II of 1805, a Provincial Court of Appeal was established at Broach. It was also a Court of Circuit and in that capacity replaced the Court of Sessions which had been established at Surat in 1800 by Bombay Regulation.

Sadr Adalats :

2.13.15 By Bombay Regulation V and VII of 1820, which came into force on 1st January 1821, the Provincial Court of Appeal or Circuit Court was abolished and then existing Sadr Adalats and Superior Tribunal (Nizami Adalat) were replaced by new Courts viz. Sadr Adalats, retaining the same name, and Sadr Fouzudari Adalats respectively.

Sadr Diwani / Sadr FouzUdari Adalats :

2.13.16 Under the Elphinstone Code, Judicial system was reorganised and Sadr Adalat in the exercise of its Civil jurisdiction was named as Sadr Diwani Adalat and in the exercise of its criminal jurisdiction, the name of Sadr Fouzudari Adalat was retained.

Zilla or District Court :

2.13.17 By Bombay Regulation Act II of 1827, Zilla or District Courts were established and appeals from the decree or order passed by the Zilla Court were to lie to Sadr Diwani Adalat. Further appeals would lie to the Privy Council from the decisions of the Sadr Diwani Adalat by Bombay Regulation Act, 1828.

———————————————————————————————

3. A.I.R.1986 S.C. 1272.

2.13.18 Under the Bombay Regulation XIII of 1827, the structure of subordinate Criminal Courts and Zilla Criminal Courts was reorganised. Sadr Fouzudari Adalat was vested with superior criminal jurisdiction over the whole of Bombay Presidency except the town of Island of Bombay. It was not a Court of Appeal but it exercised general supervision over the administration of justice in criminal cases.

2.13.19 In about 1852, the Parliament Committee for East India Affairs was considering the proposal to consolidate Supreme Courts and Sadr Courts into one Court in each of the Presidencies of Bengal, Madras and Bombay, in the interest of public administration of justice.

High Court of Judicature AT BOMBAY :

2.13.20 The Indian High Courts Act, 1861 was enacted by Royal Letters Patent issued by Her Majesty, the Queen. By this Act, the Crown was empowered to establish High Court of Judicature at Bombay and accordingly, the High Court of Judicature at Bombay was established on June 2, 1862.

2.13.21 In 1869, Bombay Civil Courts Act was enacted for re-organisation of subordinate civil courts.

2.13.22 There were three classes of Civil Courts, viz. District Judges, Subordinate Judges and Subordinate Judges (II Class), which are now re-designated as District Judges, Civil Judges (Senior Division) and Civil Judges (Junior Division).

2.13.23 Small Causes Court replaced the Court of Request.

2.13.24 Court of Sessions and Court of Magistrates were established as provided under the Code of Criminal Procedure.

2.13.25 In all other respects, the hierarchy of Courts, constituted in Madras and Bengal, was followed in Bombay also.

 

2.13.26 In 1948, the Bombay City Civil Courts Act was enacted to receive, try and dispose of suits and other proceedings of civil nature. Originally, the pecuniary jurisdiction of such suits was fixed at Rs. 50,000/-. By way of amendment, the City Civil Courts have unlimited pecuniary jurisdiction.

2.13.27 At present, Maharashtra Judicial Service Recruitment Rules, 1956 regulate the appointment and service conditions of the Judicial Officers in the State of Maharashtra.

2.13.28 Civil Judges (Junior Division) / Judicial Magistrates First Class are now recruited by the State Public Service Commission from amongst the members of the Bar who have practised at least for three years on the date of the advertisement. The officers would be on probation for a period of two years. The pay scale of the said officers is Rs. 2200-75-2800-EB-100-4000. However, the said officers would start with higher initial pay of Rs. 2,500/- per month. There are 718 posts in the said cadre.

2.13.29 Civil Judges (Senior Division) / Chief Judicial Magistrates / Addl. Chief Judicial Magistrates in the pay scale of Rs. 3200-100-3500-125-4625 is the promotional post to that of the Civil Judges (Junior Division) / Judicial Magistrates First Class (Mofussil). There are 154 such posts.

2.13.30 There are 33 posts of Judges, Small Causes Court and 34 posts of Metropolitan Magistrates at Mumbai in the pay scale of Rs. 3700-125-4700-150-5000. 50% of these posts are filled up by promotion from amongst Civil Judges (Senior Division) / Chief Judicial Magistrates / Addl. Chief Judicial Magistrates (Mofussil) and from amongst the Civil Judges (Junior Division) / JMFCs who have put in more than 7 years of service. The other 50% of the cadre strength is being filled up by direct recruitment from amongst the members of the Bar who have put in 5 years of practice or amongst the officers of the cadre of Civil Judges (Senior Division) / Chief Judicial Magistrates / Addl. Chief Judicial Magistrates / Civil Judges (Junior Division) / Judicial Magistrates First Class, with five years service.

2.13.31 Retired Judges, Small Causes Court and retired Metropolitan Magistrates are also eligible to be appointed as Judges, Small Causes Court / Metropolitan Magistrates, on re-employment.

2.13.32 There are 8 posts of Judges of Small Causes Courts at Pune and 3 posts at Nagpur. These posts are filled up by promotion from the cadre of Civil Judges (Senior Division) / Chief Judicial Magistrates / Addl. Chief Judicial Magistrates or by transfer from the cadre of Judges, Small Causes Court / Metropolitan Magistrates of Mumbai.

2.13.33 Additional Chief Judges, Small Causes Court / Additional Chief Metropolitan Magistrates at Mumbai, though a promotional post from that of the Judges, Small Causes Court / Metropolitan Magistrates get the same salary with special pay of Rs. 350/- per month. The Addl. District Judge is also eligible for selection to the said post with his consent, on transfer.

2.13.34 There are 10 Additional Chief Judges of Small Causes Court and 14 Addl. Chief Metropolitan Magistrates at Mumbai.

2.13.35 The post of the Additional District Judges at Mofussil, is the promotional post from that of the Civil Judges (Senior Division) / Chief Judicial Magistrates / Additional Chief Judicial Magistrates and Civil Judges (Junior Division) / JMFC with 7 years of service. The pay scale of this post is Rs. 3700-125-4700-150-5000. There are 137 such posts.

2.13.36 The next higher cadre post is that of the District Judges at Mofussil places in the pay scale of Rs. 4500-150-5700 with a special pay of Rs. 400/- per month. At present, there are 53 such posts. 50% of the cadre strength is filled up by direct recruitment from amongst the members of the Bar who have put in at least 7 years of practice and the remaining 50% is filled up by promotion from the cadre of Addl. District Judges (Mofussil).

2.13.37 One post of the Chief Judge, Small Causes Court and one post of the Chief Metropolitan Magistrate at Mumbai with the same scale of pay and special pay as that of the District Judge (Mofussil) are to be filled up by selection from the cadre of Addl. District Judges (Mofussil) / Addl. Chief Judge, Small Causes Court / Addl. Chief Metropolitan Magistrate (Mumbai). The District Judge (Mofussil) is also eligible for selection to the said post with his consent on transfer.

2.13.38 There are 7 posts of District Judges (Selection Grade) at Mofussil places in the pay scale of Rs. 5900-200-6700. These posts are purely promotional posts from the cadre of the District Judges (Mofussil).

2.13.39 Judges, City Civil Court (Mumbai) is a separate cadre in the running pay scale of Rs. 5400-150-6300-200-6500. There are 74 such posts. 50% of these posts are filled up by direct recruitment from amongst the practicing advocates of 7 years standing. The remaining 50% are earmarked for promotion from the cadres of the District Judges / Addl. District Judges (Mofussil) / Chief Judge, Small Causes Court / Addl. Chief Judge, Small Causes Court / Chief Metropolitan Magistrate / Addl. Chief Metropolitan Magistrates (Mumbai).

2.13.40 There are 3 posts of Principal Judge / Addl. Principal Judge in the City Civil Court, Mumbai, carrying a pay scale of Rs. 5900-200-6700 to be filled up by promotion from the cadre of the Judges of the City Civil Court or by transfer of the District Judges (Selection Grade), Mofussil. The Principal Judge is entitled for a special pay of Rs. 400/- per month.

2.13.41 The District Judges (Mofussil), Judges, City Civil Court / Judges of Small Causes Court at Mumbai directly recruited from the Bar shall be on probation for a period of one year.

 

Jurisdiction :

2.13.42 The District Judge (Mofussil) has territorial jurisdiction over the District.

2.13.43 The District Court shall be the Principal Court of original civil jurisdiction in the district with no limit of pecuniary jurisdiction.

2.13.44 The territorial jurisdiction of a Civil Judge is as fixed by the State Government by notification in the Official Gazette from time to time. The pecuniary jurisdiction of such Civil Judges (Senior Division) extends to all original suits and proceedings of civil nature with no limits. The pecuniary jurisdiction of the Civil Judges (Junior Division) extends to all original suits and proceedings of civil nature wherein the valuation of the subject matter does not exceed Rs. 25,000/-.

2.13.45 The territorial jurisdiction of City Civil and Sessions Judge extends to Metropolitan City of Mumbai. He has unlimited pecuniary jurisdiction.

2.13.46 The Judges of the Small Causes Court at Pune and Nagpur have got jurisdiction within those cities.

2.13.47 The territorial jurisdiction of the Small Causes Judges in the Metropolitan City of Mumbai is as per the Zones made in the Mumbai Civil Courts Act and as per the declaration made under the Presidency Small Causes Courts Act.

2.13.48 The High Court may invest any Civil Judge with the jurisdiction of the Court of Small Causes for the trial of suits cognizable by such Courts upto such amount as it may deem proper, not exceeding in the case of a Civil Judge (Senior Division) Rs. 3,000/- and in the case of Civil Judge (Junior Division) Rs. 1,500/-, under Section 28 of the Mumbai Civil Courts Act.

* * * * *

 

2.14 MANIPUR

2.14.1 Before the commencement of the Constitution, Manipur was a Chief Commissioner’s Province. By the First Schedule of the Constitution, it was Part "C" State.

2.14.2 Under the North-Eastern Areas (Re-organisation) Act, 1971, Manipur became an independent State in the Indian Union with effect from 21-01-1972.

2.14.3 Manipur has independent Judicial System under the High Court of Gauhati. It was part of North-Eastern Areas territory.

2.14.4 Manipur Judicial Service Rules, 1976 governs the recruitment and conditions of service of the State Judiciary.

2.14.5 At present, there are three grades in Manipur Judicial Service viz.,

i) Grade-I,

ii) Grade-II, and

iii) Grade-III.

Grade - I consists of District and Sessions Judges / Additional District and Sessions Judges / Registrar / Joint Registrar in High Court / Judges, Family Court / Judges, Narcotic and Psychotrophic Substance Act / Presiding Officers, Revenue Tribunal.

Grade - II consists of Deputy Registrar in High Court / Chief Judicial Magistrates / Additional Chief Judicial Magistrates / Civil Judges (Sr. Division).

Grade - III consists of Civil Judges (Junior Division) / Judicial Magistrates I Class and II Class / Administrative Officer of the District and Sessions Court.

2.14.6 The initial recruitment to the posts in Grade-III will be done by the Public Service Commission on the basis of competitive examination and viva-voce from amongst the Law Graduates in the age group of 22 years and 32 years to fill up 2/3rd of the cadre posts. The remaining 1/3rd of the posts will be filled up by selection by the Gauhati High Court from amongst the Advocates with three years practice at the Bar in the age group of 25 years and 35 years.

2.14.7 After initial appointment, an officer should undergo probation for a period of two years. The new recruit is imparted in-service training for two weeks in Criminal Courts and another two weeks in Civil Courts before he is posted to a regular court. Foundation and Refresher Courses are also provided from time to time.

2.14.8 At present, there are 11 posts in the cadre in the pay scale of Rs.2000-60-2300-EB-75-3200-100-3500 and after completion of two years they are given the pay scale of Rs.2200-75-2800-EB-100-4000.

2.14.9 The confirmed officers in Grade-III would be promoted to Grade-II. At present, there are 6 permanent and 7 temporary posts in that grade carrying a pay scale of Rs.3000-100-3500-125-5000.

2.14.10 If confirmed officers in Grade-III are not available for promotion to Grade-II, the appointment to the posts in Grade-II shall be made by direct recruitment from among the members of the Bar in the age group of 30 years and 40 years with not less than 5 years standing at the Bar.

2.14.11 The newly recruited officers will be on probation for a period of two years.

2.14.12 The posts in Grade-I are also filled up by promotion from among the confirmed officers in Grade-II. In case of need, the appointment to the posts of District Judge and Additional District Judge in Grade-I may be made by the Gauhati High Court from amongst the members of the Bar in the age group of 35 years and 45 years with not less than seven years standing at the Bar.

2.14.13 At present, there are 5 posts in that Grade and 3 other posts are to be manned by the MJS Grade-I in the pay scale of Rs.3700-125-4700-150-5000 and after completion of two years they are given the pay scale of Rs.4100-125-4350-150-5300.

2.14.14 20% of the total cadre strength in the service is deputation reserve, 10% is leave reserve and 2% is training reserve. At present, there are 4 deputation reserve posts, 2 leave reserve posts and 2 training reserve posts.

2.14.15 All the appointments shall be subject to the orders regarding special representation in the service to the Scheduled Castes and Scheduled Tribes, issued by the Government from time to time.

JURISDICTION :

2.14.16 Territorial jurisdiction of the District and Sessions Judges and Additional District and Sessions Judges extends to all the Districts within the District and Sessions Division.

2.14.17 Pecuniary jurisdiction of the District Judge / Additional District Judge and Civil Judge (Senior Division) is unlimited.

2.14.18 Pecuniary jurisdiction of the Civil Judge (Junior Division) is upto Rs.20,000/- .

APPELLATE JURISDICTION :

2.14.19 Appeals from a decree or order of a Civil Judge (Junior Division) in any suit and also the Civil Judge (Senior Division) in a suit of the value not exceeding Rs.50,000/- would lie to the Court of the District Judge.

2.14.20 Appeals in all other cases would lie to the High Court.

* * * * *

 

2.15 MEGHALAYA

2.15.1 Under the Assam Re-organisation (Meghalaya) Act, 1969, an autonomous State known as 'Meghalaya' comprising the tribal areas of the Garo Hills District, United Khasi Jaintia Hills District, excluding the areas transferred to the Mikir Hills autonomous district was formed.

2.15.2 Under the North-Eastern Areas (Re-organisation) Act, 1971, the territories comprised within the cantonment and municipality of Shillong which were part of existing State of Assam was integrated into the territories comprised in autonomous State of Meghalaya and a new State known as Meghalaya was formed.

2.15.3 At present, Meghalaya has independent judicial system under the control of the High Court of Gauhati.

2.15.4 Meghalaya Judicial Service Rules, (draft) 1988 govern the recruitment and conditions of service to the judicial cadres in the State.

2.15.5 There are three grades in Meghalaya Judicial Service viz.,(i) Grade I, (ii) Grade II, and (iii) Grade III.

2.15.6 Grade I consists of District and Sessions Judge /Additional District and Sessions Judge. Grade II consists of Assistant District and Sessions Judges and Chief Judicial Magistrates. Grade III consists of Munsiff / Judicial Magistrates.

2.15.7 The initial recruitment to the post of Munsiff / Judicial Magistrates is done by the Public Service Commission on the basis of the competitive examination and interview from amongst the Law Graduates to fill up 50 per cent of the posts in the cadre and the remaining 50 per cent of the posts will be filled up by the High Court by selection from amongst the members of the bar with three years' practice or from amongst the Law Graduates working in the Civil or Criminal Courts for at least seven years.

2.15.8 The age limit for recruitment through the Public Service Commission will be between 21 years and 27 years, and for selection by the High Court, the age limit will be between 25 years and 35 years.

2.15.9 After appointment, the candidate will be on probation for a period of one year. The initial pay on recruitment will be in the pay scale of Rs.2000-100-2500-EB-110-3050-120-3650-EB-125-4150. At present, there are one post of Munsiff and two posts of Judicial Magistrates in Grade III.

2.15.10 The post of Assistant District and Sessions Judge and the Chief Judicial Magistrate is promotional post from Grade III.

2.15.11 There are two posts of Assistant District and Sessions Judges and one post of Chief Judicial Magistrate in the pay scale of Rs.3500-125-4000-EB-135-4540-140-5100. The Assistant District and Sessions Judges are entitled for the special pay of Rs.100/- per month.

2.15.12 In Grade I, the post of District and Sessions Judge /Additional District and Sessions Judge is filled up partly by promotion and partly by direct recruitment.

2.15.13 67 per cent of the posts is filled up by promotion from amongst the officers in Grade II and the remaining 33 percent is filled up by direct recruitment from amongst the advocates with seven years' practice at the bar.

2.15.14 The appointment is made by the Governor.

2.15.15 The direct recruits will be on probation for a period of one year.

2.15.16 There is one post of District and Sessions Judge and one post of Additional District and Sessions Judge in the pay scale of Rs.3900-150-4650-EB-160-5450 with special pay of Rs.150/- per month.

TRAINING :

2.15.17 The members of the service in Grade III shall undergo training course for 2 weeks in criminal courts and another 2 weeks in civil courts in order to acquire the knowledge of the original and establishment works of the courts including the maintenance of accounts and various court registers.

2.15.18 The members of the judicial service shall be required to undergo a training course in the North-Eastern Judicial Officers' Training Institute at Guwahati for such period as may be prescribed by the Institute.

JURISDICTION :

2.15.19 The Shillong Civil Courts and Laws Act, 1947 regulates the jurisdiction of the Courts.

 

* * * * *

2.16 MIZORAM

2.16.1 Under the North-Eastern Areas (Re-organisation) Act, 1971, the territories comprised in the Mizo District of the State of Assam was bifurcated and a new Union Territory known as Union Territory of Mizoram was formed.

2.16.2 Under the State of Mizoram Act, 1986, the Union Territory of Mizoram came to be known as the State of Mizoram.

2.16.3 At present, in the State of Mizoram judiciary has, till date, not been separated from the executive nor is under the direct control of the High Court of Gauhati.

2.16.4 The Mizoram Judicial Service Rules, 1989 governs the recruitment and conditions of service to the State Judicial Service.

2.16.5 There are four grades in Mizoram Judicial Service, viz.,

(i) (a) Grade I (Senior) and

(b) Grade I (Junior),

(ii) Grade II

(iii) Grade III, and

(iv) Grade IV.

Grade I (Senior) consists of:

i) Legal Remembrancer-cum-Secretary, Law and Judicial,

ii) Registrar, High Court, and

iii) District & Sessions Judges.

Grade I (Junior) consists of:

i) Joint Legal Remembrancer-cum-Joint Secretary, Law and Judicial,

ii) Special Judge, and

iii) Member, Motor Accidents Claims Tribunal.

Grade II consists of:

i) Deputy Legal Remembrancer-cum-Deputy Secretary, Law and Judicial,

ii) Chief Judicial Magistrate,

iii) Deputy Registrar, High Court, and

iv) Civil Judge (Senior Division) and Assistant Sessions Judge.

Grade III consists of:

i) Asst. Legal Remembrancer-cum-Under Secretary, Law & Judicial,

ii) President & Recorder, District Council Court, Aizawl,

iii) Sub-Divisional Judicial Magistrate,

iv) Assistant Registrar, Gauhati High Court, Aizawl Bench, and

v) Judicial Officer-I, District Council Court, Aizawl and Magistrate, Subordinate District Council Courts in Aizawl and Lunglei Districts.

Grade IV consists of:

i) Special Officer-cum-Assistant Draftsman,

ii) Translator,

iii) Civil Judge (Junior Division) / Judicial Magistrates, and

iv) Magistrate-cum-Judicial Officer-II, Addl. Subordinate District Council Courts in Aizawl & Lunglei Districts.

2.16.6 Under the Mizoram Judicial Service Rules, 1989, the initial recruitment to Grade-IV is done by the Public Service Commission to fill up 2/3rd of the vacancies by direct recruitment on the basis of the competitive written examination and viva-voce from amongst the Law Graduates and the remaining 1/3rd by selection from amongst the members of the Bar with a minimum of three years practice as advocates.

 

2.16.7 The Appointing Authority is the Governor. Every candidate recruited to the service will be on probation for a period of two years.

2.16.8 Every probationer, during the period of probation, shall have to successfully undergo such training as the Governor, may, in consultation with the High Court prescribe from time to time.

2.16.9 The new recruits to the service will have to undergo an initial training for two weeks in criminal courts and another two weeks in civil courts before they start functioning.

2.16.10 At present, there are 17 posts in Grade IV in the pay scale of Rs.2200-75-2800-EB-100-4000.

2.16.11 The posts in Grade III are purely promotional posts from Grade IV with minimum of five years service, carrying a pay scale of Rs.3000-100-3500-125-4500. At present there are 16 posts.

2.16.12 Grade II posts are also promotional posts from Grade III with minimum of five years experience in that Grade. There are 12 posts carrying the pay scale of Rs.3700-125-4700-150-5000.

2.16.13 The posts in Grade I (Junior) are also promotional posts from Grade II with five years experience. There are 4 posts in the scale of Rs.4500-150-5700.

2.16.14 There are 4 posts in Grade I (Senior) in the pay scale of Rs.5100-150-6300-200-6700. These posts are to be filled up by promotion from the Judicial Officers of Grade I (Junior) with a minimum of two years experience in that Grade.

2.16.15 In case the posts in Grade I, Grade II and Grade III could not be filled up by promotion as stated above, 25 per cent of the vacancies in each Grade may be filled up by direct recruitment from amongst the members of the Bar with seven years practice for Grade I and five years practice for Grade II, on the recommendation of the High Court.

2.16.16 10% of the total cadre strength in the service is Training Reserve, 10% is Leave Reserve and 10% is Deputation Reserve. At present, there are 5 Training Reserve Posts, 5 Leave Reserve Posts and 5 Deputation Reserve Posts.

 

* * * * *

 

2.17 NAGALAND

2.17.1 Under the State of Nagaland Act, 1962, certain territories comprised in Naga Hills - Tuensang area from the State of Assam were bifurcated and integrated to form the State of Nagaland.

Present set up of judicial system in the state :

2.17.2 At present, there are four grades in the Judicial Service, viz.,

(i) Grade I, (ii) Grade II, (iii) Grade III and (iv) Grade IV.

Grade I consists of :

i) District and Sessions Judges,

ii) Additional District and Sessions Judges.

Grade II consists of :

i) Deputy Registrar in High Court,

ii) Chief Judicial Magistrates.

Grade III consists of :

i) Judicial Magistrates First Class and Sub-Judges,

ii) Assistant Registrar in High Court.

Grade IV consists of :

Judicial Magistrates Second Class and Sub-Judges.

2.17.3 The Nagaland Judicial Service Rules, 1995 regulate the recruitment to the service. The initial recruitment to the post of Judicial Magistrates-Second Class and Sub-Judges in Grade IV is made by the Public Service Commission on the basis of competitive written examination and viva-voce from amongst the advocates with three years' practice at the bar. The Governor is the appointing authority.

2.17.4 The selected candidate will be on probation for a period of two years. The initial pay is Rs.2100/- in the pay scale of Rs.2100-60-2760-70-3600-80-4000. At present, there are five posts in the cadre.

2.17.5 The cadre of Judicial Magistrates-First Class and Sub-Judges / Assistant Registrar in the High Court in Grade III is a mixed cadre to be filled up partly by promotion and partly by direct recruitment in the ratio of 3:1. The direct recruitment is made from amongst the advocates with a minimum of four years' practice at the bar. The promotion is made on the basis of merit and ability from the Judicial Officers in Grade IV with at least three years of service. The newly recruited officer will be on probation for a period of two years. There are five posts in the cadre of Judicial Magistrates First Class and Sub-Judges and two posts in the cadre of Assistant Registrar in High Court in the Pay Scale of Rs.2900-100-3900-125-4900.

2.17.6 The post of Chief Judicial Magistrate / Deputy Registrar in High Court in Grade II will be filled up by promotion from the officers confirmed in Grade III or by direct recruitment from the bar in accordance with the rules. 25 per cent of the posts are filled up by direct recruitment on the recommendation of the High Court from amongst the Advocates who are not more than 35 years of age. The Government is the appointing authority.

2.17.7 At present, there is one post of Deputy Registrar in the High Court in the pay scale of Rs.2900-100-3900-125-49000.

2.17.8 The cadre of Additional District and Sessions Judges in Grade I is a mixed cadre to be filled up by direct recruitment and by promotion in the ratio of 1:3. The direct recruitment is made from amongst the members of the bar with minimum of seven years' practice and promotion is made from the Judicial Officers from Grade II on the basis of merit and ability. Newly recruited Additional District and Sessions Judges will be on probation for a period of two years. At present, there are eight posts of Additional District and Sessions Judges carrying the pay scale of Rs.3500-125-4250-140-5650.

2.17.9 There is one post of District and Sessions Judge in Grade I in the Pay Scale of Rs.4500-150-5850-175-6200 to be filled up either by promotion from the post of Additional District and Sessions Judges or by direct recruitment from the advocates with seven years' practice at the bar.

2.17.10 In all the cadres, while making promotions, if merit and ability are considered approximately equal, then seniority shall be taken into consideration. Training is imparted to the newly appointed Judicial Officers in the North-East Judicial Officers Training Institute as per the training schedule prescribed by the State Government.

 

* * * * *

2.18 ORISSA

2.18.1 Under the First Schedule to the Constitution of India, the State of Orissa was formed comprising the territories of the Province of Orissa. It was Part ‘A’ State.

2.18.2 In the year 1765, East India Company acquired new territories surrounding the Presidency Town of Fort William through a grant of Diwani from Nawab Nazim. The new territories came to be known as Mofussil. By this grant, the administration of Criminal Justice was left with the Nawab. Consequently, Mohammadan Law was retained and administered as before in Mohammadan Courts by Mohammadan Officers. Administration of civil justice passed with Diwani. Even thereafter, the Company continued to carry on the administration of justice through native agency. However, this arrangement failed.

2.18.3 In 1772, the affairs of the Company in general and judicial system in particular, was reorganised. Adalat system came to be introduced for the administration of justice in Mofussil.

2.18.4 Under the scheme introduced by Warren Hastings, Orissa along with Bengal and Bihar was divided into a number of Districts. Mofussil Diwani Adalats or Civil Courts of first instance presided over by European Zilla Judges were established in Districts. These courts administered justice with the assistance of Hindu and Mohammadan Law Officers. In order to relieve these Courts of the trial of petty suits, Registers and native Commissioners known as Sadr Amins and Munsiffs were appointed. Provincial Civil Courts of Appeal were established to hear appeals against the decisions of Sadr Amins or Munsiffs. The highest court was Sadr Diwani Adalat or the Chief Civil Court of Appeal consisting of Governor and Council, assisted by native officers.

 

2.18.5 On Criminal side, Nizamat Adalats were established. Mohammadan Officers were continued to sit in these Adalats. Courts of Circuit were established to hear criminal appeals from the inferior courts. Sadar Nizamat Adalat was the Chief Court of criminal appeal.

2.18.6 Under the Regulating Act, 1773 Supreme Court of Judicature at Fort William consisting of Chief Justice and 3 puisne Judges was established. The jurisdiction of this court was restricted to only few definite categories of persons. The Supreme Court was also a Court of Admiralty for Bengal, Bihar and Orissa to hear and try all cases, civil, maritime and maritime crimes committed upon high seas with the help of jury who were British subjects, residents in Calcutta, in the same way as the Admiralty Court in England.

2.18.7 In 1861, King's Court in the Presidency Town of Fort William and Company Courts in Mofussil were amalgamated into a single judicial system by the Indian High Courts act. This judicial system continued till 1905.

2.18.8 The establishment and regulation of Civil Courts in the State of Orissa were governed by the Bengal, Agra and Assam Civil Courts Act, 1887.

2.18.9 Orissa was a revenue division of Bengal consisting of four districts viz., Cuttack, Balasore (new Baleshwar), Puri and Anugul (now part of the district of the Dhenkanal). In 1905 another district viz., Sambalpur was transferred from the Central Provinces to Orissa. In 1912, Orissa consisting of these five districts became part of the new Province of Bihar and Orissa.

2.18.10 There was only one post of District Judge at Cuttack with jurisdiction over the districts of Cuttack, Puri and Baleshwar. For some time, the District Judge of Sambalpur-Manbhum was exercising jurisdiction over Sambalpur. These Courts were subordinate to the High Court of Patna.

2.18.11 In 1936, Orissa became a separate Province with independent administration. Ganjam and Koraput districts of Madras Presidency were integrated in the Province of Orissa. One more post of District Judge having jurisdiction over the said new districts with headquarters at Barhmapur was created.

2.18.12 In 1936, the cadre of Subordinate Judges and Munsiffs had been separated from Bihar, after the formation of Orissa Province.

2.18.13 Until 1949, one of the two District Judges in Orissa was a member of the Indian Civil Service who was allotted to the Provincial Judicial Service.

2.18.14 Even though Orissa was constituted as a separate province in 1936, a separate High Court for the State was established only on 26th July 1948. Till then, one or more Judges of the High Court of Patna were holding circuit Courts at Cuttack, under the Letters Patent dated 9th February 1918.

2.18.15 Orissa Civil Courts Act, 1984 was enacted to consolidate and amend the law relating to Civil Courts in Orissa. At present, the constitution of Courts, jurisdiction and powers of the judicial officers are regulated by the said Orissa Civil Courts Act, 1984.

2.18.16 At present, Orissa subordinate judiciary consists of Superior Judicial Service (Senior Branch) and Superior Judicial Service (Junior Branch), Judicial Service Class-I Senior and Judicial Service Class-I Junior and Judicial Service Class-II.

2.18.17 Superior Judicial Service (Senior Branch) consists of District & Sessions Judges/ Addl. District & Sessions Judges. Superior Judicial Service (Junior Branch) comprises of Chief Judicial Magistrates.

 

2.18.18 The cadre of Civil Judges (Senior Division) is in the Judicial Service Class-I Senior.

2.18.19 Sub-Divisional Judicial Magistrates are in Judicial Service Class-I Junior.

2.18.20 Civil Judges (Junior Division) and Judicial Magistrates fall under the Judicial Service Class-II.

2.18.21 At present, Orissa Judicial Service Rules, 1994 regulate the initial appointment and promotion of the cadre of the Civil Judges (Junior Division) / Judicial Magistrates, Sub-Divisional Judicial Magistrates and Civil Judges (Senior Division).

2.18.22 Recruitment to the posts of Civil Judges (Junior Division) and Judicial Magistrates in Judicial Service Class-II is made by the Public Service Commission through competitive examination and viva-voce from amongst the advocates with three years practice at the Bar and also from amongst the law graduates working in Courts and allied departments with 5 years service. There is provision for emergency recruitment only by viva-voce test amongst the advocates with 5 years Bar experience. Selected candidates will be on probation for a period of two years. Civil Judge (Junior Division) will be on the pay scale of Rs. 2000-60-2300-EB-75-3200-100-3500. Now there are 198 posts in this cadre.

2.18.23 The posts of S.D.J.M. are promotional posts from the cadre of O.J.S. Class-II consisting of Civil Judges (Junior Division) and Judicial Magistrates. There are 63 posts of S.D.J.Ms. in this cadre carrying a pay scale of Rs.8000-275-13500 with a special pay of Rs.150/- per month. There are 17 posts of Civil Judge (Junior Division) recently upgraded to the cadre of O.J.S. Class-I (Junior) carrying the same scale of pay as that of S.D.J.M. without any special pay.

 

 

2.18.24 The post of Civil Judge (Senior Division) is also promotional post from the cadre of the Sub-Divisional Judicial Magistrates in the pay scale of Rs. 9350-325-14550. There are 72 posts in this cadre at present.

2.18.25 Orissa Superior Judicial Service Rules, 1963, govern the appointment and promotion to the cadre of Superior Judicial Service (Junior Branch) and Superior Judicial Service (Senior Branch).

2.18.26 The post of Chief Judicial Magistrates in Superior Judicial Service (Junior Branch) is promotional post from the cadre of the Judicial Service Class-I (Senior). At present, there are 43 posts in this cadre in the pay scale of Rs. 10000-325-15200.

2.18.27 The recruitment to the post of the District & Sessions Judges/ Addl. District & Sessions Judges in Superior Judicial Service (Senior Branch) is done directly and also by promotion in the ratio of 25:75. Direct recruitment is from amongst the advocates with 7 years practice in the Bar. Promotion is made to this cadre from the cadre of the Chief Judicial Magistrates in Superior Judicial Service (Junior Branch). There are 70 posts in the cadre of the District & Sessions Judges / Additional District & Sessions Judges with pay scale of Rs. 10650-325-15850.

2.18.28 The District Judges are entitled for a special pay of Rs. 250/- per month.

2.18.29 In Superior Judicial Service (Senior Branch) there are 8 promotional posts in Selection Grade with a pay scale of Rs. 15100-400-18300. These posts are filled up by promotion on the basis of seniority.

2.18.30 There are also three posts of Super Time Scale in the pay scale of Rs. 18400-500-22400. The appointment to these posts will be made on the basis of merit-cum-seniority.

2.18.31 Direct recruits appointed to the Senior Branch of Superior Judicial Service will be on probation for one year. Judicial Officers promoted from Junior Branch of Superior Judicial Service will also be on officiation for one year.

TRAINING :

2.18.32 Training for a short period is imparted to the initially recruited candidates as Civil Judges (Junior Division).

2.18.33 JURISDICTION :

District & Sessions Judge : Principal Civil Court of original jurisdiction,

in the District.

He has jurisdiction over the entire Sessions Division.

Has appellate and revisional jurisdiction upto Rs. one lakh.

Any appeal pending before the District Court from the decree or order of the Civil Judge (Junior Division) be transferred by him to any Civil Judge (Senior division) for disposal, under his administrative control.

Chief Judicial Magistrate : Has criminal jurisdiction through out the District.

Civil Judge (Senior Division) : Unlimited original pecuniary jurisdiction. Has

territorial jurisdiction within the Civil Judgeship (Senior Division).

Sub-Divisional : Has criminal jurisdiction in the Sub-

Judicial Magistrate Division.

 

Civil Judge (Junior Division) : Has pecuniary jurisdiction upto Rs. 4000/-.

The High Court by notification in respect of any Civil Judge (Junior Division) named therein direct that his jurisdiction shall extend to suits of such value not exceeding Rs.10,000/- as may be specified in the notification.

 

* * * * *

2.19 PONDICHERRY

JUDICIAL ORGANISATION AFTER 1816 :

A Historical Perspective :

2.19.1 A royal ordinance of December 23, 1827 effected certain substantial changes in the judicial organisation of the establishment. It established at Pondicherry a Court of the Justice of the Peace with jurisdiction over Pondicherry and its three dependencies. The court was composed of the Lieutenant of Police who acted as judge, an alternate judge and a "greffier". The court functioned as a Court of the Justice of the Peace in civil disputes and a police court in criminal cases involving minor offences (contraventions de police). The functions of the ministere public were to be performed by the Inspector of Police when the court sat as a police court.

2.19.2 The ordinance also set up a Tribunal of First Instance at Pondicherry with the same territorial jurisdiction as that of the Court of the Justice of the Peace. The tribunal consisted of a King's judge and two judges auditeurs (assistant judges). Attached to it were a King's procureur, two greffiers, one European and the other Indian and a clerk. In case of absence of inability of the King's judge to attend to his work, a conseiller auditeur, appointed by the Administrator General was to officiate for him. It had jurisdiction to decide in the first and last instance civil actions, personal or pertaining to movables, where the principal value of the suit was now below 48 francs (Rs.20) and did not exceed 480 francs (Rs.200) and commercial actions where the value did not exceed 480 francs. It heard and decided in the first instance civil cases relating to real property and mixed actions, as well as personal actions and those relating to movables where the value of the suit exceeded 480 francs.

 

 

The Judicial Organisation :

2.19.3 The judicial organisation in the French Indian establishments from 1842 to 1963, was based on an ordinance of February, 7, 1842 as amended from time to time. In 1963, a few substantial changes were made, but it was only in 1968 that a total change in the system took place.

2.19.4 The ordinance of 1842 sought to reorganise the whole system of judicial organisation. The Article 4 expressly stated, for instance, that judges could not disturb in any manner the work of the administrative bodies, nor summon before them administrators, on account of their functions, as otherwise they would be charged with abuse of authority. This clear-cut separation of powers was a great revolutionary change from the position adopted by the sovereign council over a century before. This "ordonnance" was amended in certain details, among others, by a decret of July 29,1939 which downgraded the court of appeal into a superior tribunal of appeal, by the decret of March 1,1879 which gave extended jurisdiction to the Court of Justice of the Peace in Mahe and Yanam and by the decret of May 11,1934 which abolished the Courts of the Justice of the Peace with ordinary jurisdiction. The decret of August 22,1928, however, made certain substantial changes.

2.19.5 The courts in the establishments as constituted before the de facto cession in 1954 consisted of the following :-

          i)        Superior Tribunal of Appeal (Tribunal Superieur d' Appel) at Pondicherry with a President, two other judges, and a Procureur de la Republique.

          ii)       Tribunal of First Instance, second class, at Pondicherry with a President, a Judge and Assistant Judge (Juge Suppleant) and a Procureur de la Republique.

 

          Tribunal of First Instance, third class, at Karaikal, with a President, an Assistant Judge and a Procureur de la Republique.

          iii)      Courts of Justice of the Peace with extended jurisdiction (competence etendue) at Mahe and Yanam, each consisting of one judge and a greffier.

2.19.6 The Procureur de la Republique at the Superior Tribunal of Appeal performed the functions of the head of the Judicial Department.

2.19.7 With the abolition of the Courts of the Justices of the Peace with ordinary jurisdiction, the right of appeal of the litigants whose cause was of small pecuniary value or who were convicted of minor infractions of the criminal law was taken away from them. The principle that every litigant has a right of appeal to a higher court was not disputed; but it was considered unnecessary to have an appeal where the pecuniary value of the suit or the penalty likely to be imposed was insignificant. Those disputes were sought to be placed, under the decret of June 22,1934, before a judge belonging to the second decree of jurisdiction, that is, the President of the Tribunal of First Instance, or a judge delegated by him. These Justices with enhanced competence had the same jurisdiction in civil matters as that of the Tribunal of the First Instance. When the Justices of the Peace with enhanced competence sat as Police Tribunal (Tribunal de Simple Police) to try persons charged with petty offences they could impose a sentence of simple imprisonment for five days or a fine of fifteen francs. It was from such sentences that there was no provision for appeal. The Superior Tribunal of Appeal at Pondicherry however, acted in these petty matters as a Court of Cessation, in place of the Cour de Cassation at Paris.

Tribunal of First Instance :

2.19.8 General jurisdiction (Tribunal de Premiere Instance) was vested in the Tribunal of First Instance. It had jurisdiction over all disputes of a civil nature which were not referable to any special tribunal by any express provision of law. Over cases whose pecuniary value was not more than Rs.900/- it had jurisdiction in the last instance, that is, its decisions were not subject to appeal. The decret of May 31, 1873 had specifically stated that when the tribunal decided disputes in personal and commercial matters where the amount involved was not more than Rs.900/- (1,500 francs) as principal, and actions relating to immovables where the revenue was Rs.30/- calculated on the basis of amount of lease or rent, actions relating to immovables other than houses, buildings or gardens liable to a land tax of Rs.7.20 a year, there was no appeal, but there could be review by Cour de Cassation. When the pecuniary value was over Rs.900/- there was provision for appeal to the Superior Tribunal of Appeal.

2.19.9 In its criminal jurisdiction, the Tribunals of First Instance sat as correctional court and dealt with infractions of law for which the punishments imposed were known as correctional penalties, that is, imprisonment from six days to five years, a fine of more than 15 francs with suspension of civil, political and personal rights. It was generally the Assistant Judge who presided over the correctional court under the authority delegated to him by the President of the Tribunal. Presiding also over the Police Court, he tried cases of minor infractions for which the punishment provided was imprisonment for one to five days and fine of one to 15 francs.

2.19.10        It was the duty of the Procureur de la Republique to set in motion criminal proceedings. In case of inaction on his part, it was for the injured party to initiate proceedings in the criminal court.

2.19.11        The Justices of Peace with enhanced competence at Mahe and Yanam had the same powers and functions as the Tribunal of First Instance. They dealt with matters within the jurisdiction of the Tribunals of First Instance as well as those within the jurisdiction of the Justices of the Peace with ordinary jurisdiction. They decided the latter category of cases in the last instance. The decisions they handed down in the exercise of their enhanced powers as a Court of First Instance were appealable before the Superior Tribunal of Appeal at Pondicherry.

Superior Tribunal of Appeal :

2.19.12        The collegiate principle was scrupulously followed in the Superior Tribunal of Appeal. Three judges sat together and heard appeals from the Tribunals of First Instance as well as from the Courts of the Justice of the Peace and also heard appeals against provisional orders passed by the President of the Tribunal of First Instance and that of the Commercial Court in refere proceedings. While performing the functions of a Cour de Cassation in matters referred to it by tribunals exercising powers of the Justices of the Peace with ordinary jurisdiction, it was a three-man bench that deliberated and handed down decisions.

Cour de Cassation, Paris :

2.19.13        There was provision for the decisions of the Superior Tribunal of Appeal and those of the Tribunal of First Instance which were not appealable, to be challenged, on questions of law, before the Cour de Cassation in Paris. The principle of "double degree of jurisdiction" enshrined in French Jurisprudence stipulated that there should be one appeal and only one in a law suit. The one exception to this principle was in the case of petty litigation where there was no provision for appeal. There was also no appeal from a decision of Cour d'assises (session court).

2.19.14        The Cour de Cassation would not reopen or rehear the case on questions of fact or on the evidence. It considered only the question of law raised by the petitioner before it and either it would dismiss the petition or remand the case. When it decided to remand the case it would remand to a court of equal rank and jurisdiction as the one by which the impugned decision was rendered or occasionally to the same court as used to be done in the case of appellate tribunal at Pondicherry - with a direction that the remanded case should be tried by a bench consisting of judges different from those who had previously tried it.

2.19.15        With the cession of the French establishment into the Indian, Union powers of cassation vested in the Cour de Cassation were transferred to the High Court of Judicature at Madras.

Judicial Officers :

2.19.16        The judges who manned the tribunals in the early days of the French administration in India had no legal qualifications. Merchants and tradesman used to sit as judges in the tribunals established during the period. A statement made by the President of the Court at Chandernagore would reveal the position. He said :-

"In fact, the labyrinth of laws so extensive, the profession of the judge so difficult and the multiplicity of forms so complicated, that those who have made a hard study all their life can hardly flatter themselves of being informed well enough not to lose their way. How then can those who have only common sense coupled with the highest integrity remain unaffected by the fear of unjustly depriving their fellow citizens of honour, wealth and perhaps of life?"

2.19.17        The position of the judge was therefore not enviable. A complete reorientation of the magistracy was effected by a decret of August 22,1928. The decret laid down rules which were to govern the colonial judiciary.

2.19.18        Various categories of persons were eligible for appointment to the colonial judiciary. They included advocates, notaires and avoues in the colonies holding the degree of licentiate in law who had practised their profession for ten years, professors and agreges of the state faculties of law and lecturers of state faculties of law with experience of two years, and chief registrars of the courts of appeal and civil courts in the metropolis, holding the degree of licentiate in law and having put in atleast ten years of service. It is important to note that weightage was given to legal practice when appointing magistrates to the colonial judiciary.

2.19.19        Certain educational qualifications and practical experience were regarded as essential for appointment as Justices of the Peace with ordinary jurisdiction. According to the decret, no one could be appointed to the position unless he had obtained the degree of licentiate in law and had undergone training for two years either at the Bar, or in the office of a notaire or avoue, or on the office of a greffier or as attache in a parquet general of colonies or territories under the ministry of colonies. Avoues who had fifteen years of experience in the colony were exempted from the requirement regarding the holding of the degree of licentiate. With a few exceptions, all candidates were expected to pass a professional test.

2.19.20        Perhaps the most important characteristic of the French judiciary is what is known as inamovibilite (irremovability). To be inamovible means that the incumbent cannot be removed, suspended or transferred except under conditions contemplated in clean legal provisions. Their removal, suspension or transfer is therefore not in the discretion of the executive. The principle of inamovibilite was however, inapplicable to the judicial officers in the administrative departments and in the ministere public.

2.19.21        In order further to ensure their independence and impartiality, there was a promotion committee at the Ministry of Colonies which drew up a promotion list. The Committee was composed of a president of a chamber and three judges of the Cour de Cassation, nominated every year jointly by the Minister of Justice and the Minister of Colonies, three magistrates from the colonies nominated by the Minister of Colonies with the consent of the Minister of Justice, the Director of Personnel in the Ministry of Colonies and the Chef de Cabinet in the Ministry of Colonies. Promotions were generally made in the order of inclusion in the promotion list except for appointment to the post of Procureur de la Republique.

Magistrate debout :

2.19.22        There was a Procureur General attached to the sovereign Council set up by the edict of 1701. He was generally the last of the councillors, sometimes a sub-dealer. Apart from the duties laid down by the edict of 1707, he was also expected to safeguard the interests of the company. He upheld the rights of the company in the territories that had been gifted to it. As the person in-charge of all unclaimed estates, he could dispose of them and sent the sale proceeds and the relevant deeds to the company. It was his duty to see that law and order was maintained and he asked for appropriate sanctions from the council for the purpose. When in 1738 some clever counterfeiters introduced into the establishments gold coins of an assay inferior to that in use there, the Procureur General induced the council to issue an arrete imposing a fine and fifty lashes of the whip for those who uttered counterfeit coins.

2.19.23        Officers of the ministere public attached to all regular courts acted as public prosecutors in the conduct of serious criminal cases, as joint party in civil cases to present the public interest.

2.19.24        The ministere public was headed by the Minister of Justice. The designation given to the head of the ministere public before a Court of First Instance as well as before a Superior Tribunal of Appeal was Procureur de la Republique. The members of the ministere public, like the judges, were called 'Magistrates'. They were considered equal to judges drawing the same salary as judges in corresponding positions and sat on a special dais in the court room separately from the judges. The qualifications for appointment, conditions of service and rules regarding promotion were the same for them as for the judges, except that they did not enjoy inamovibilite.

2.19.25        The ordinance of February 7, 1842 provided that the court should deliver judgment only after hearing the procureur in his address to the court. He was not present when judges deliberated to decide upon the judgement to be passed, but his presence was necessary in deliberation relating to order, internal service and discipline.

2.19.26        Though procureurs were expected to represent the Government, they actually did represent the public interest. They would, for instance, prepare and file written papers according to the orders of their superiors, but while expressing their view before the court they could say what they thought fair and just, irrespective of the position taken in the papers submitted. As the French would say, the pen is slave but the word is free.

2.19.27        The decret of August 22,1928 laid down the qualifications required for appointment as attaches in the parquet general of the colonies. It provided, among other things, that the attaches should be holders of the degree of licentiate in law and must have passed the professional test for judicial posts. The attaches, if found suitable, were asked to officiate as temporary judges and after a period of probation, they were generally appointed judges in the colonies.

2.19.28        There were two Procureurs de la Republique at Pondicherry, one before the Tribunal of First Instance and the other before the Superior Tribunal of Appeal. The procureurs at Karaikal, Mahe and Yanam were required to perform the same duties as the Procureur de la Republique, but under the guidance of the Procureur de la Republique before the Superior Tribunal of Appeal at Pondicherry.

Extension of Central Enactments :

2.19.29        After the transfer of their administrative powers in the French Establishments by the Government of France to the Union of India, the Union Government extended the application of a number of Central enactments to these establishments by various legal procedures with a view to providing for proper administration. In the very year of de facto session as many as forty-four central enactments were extended to the Establishments by the French Establishments (Application of Laws) Order, 1954 issued under the provisions of the Foreign Jurisdiction Act, 1947.

2.19.30        After the adoption of the Constitution (Fourteenth Amendment) Act, 1962 which made these Establishments a component unit of the Indian Union and turned them into what is known as the Union Territory of Pondicherry, all enactments passed by Parliament automatically apply to this Territory, except where the legislature specifically provides for the exclusion of the Territory from the application of an enactment.

2.19.31        As Central enactments passed prior to the date of the de jure cession did not apply to Pondicherry, various methods were adopted to extend the application of such enactments to the Union Territory. By the adoption of the Ponducherry (Laws) Regulation, 1963, provision was made to bring into operation in Pondicherry 160 Central enactments by October 1, 1963.

 

 

Reorganisation of the Judicial Set up :

2.19.32        With the introduction of the Indian Penal Code and the Code of Criminal Procedure into Pondicherry from October 1, 1963 it became necessary to reconstitute the criminal court in the Territory. Consequently, a court of sessions and a few magistrates' courts were set up. The Union Territory was brought under one sessions division and the former Superior Tribunal of Appeal was constituted a court of sessions and the President of the Tribunal was appointed Principal Sessions Judge, the two judges as Additional Sessions Judges and the Procureur de la Republique, as Public Prosecutor. The President of the Tribunal was also designated head of the Judicial Department.

2.19.33        The Tribunals of First Instance at Pondicherry and Karaikal were turned into Assistant Sessions Judges' Courts with the Presidents of the Tribunals appointed Assistant Sessions Judges. The (Judge d'Instruction) Investigating Judge of the Territory at Pondicherry was appointed District Magistrate and the Assistant Judge (Jude-Suppleant), a First Class Magistrate and the Procureur de la Republique, Public Prosecutor. The Assistant Judge at Karaikal who carried out in addition to his normal duties, the duties of the investigating judge and of the Justice of the Peace was made a First Class Magistrate and the Procureur de la Republique, Public Prosecutor. The Justice of Peace in Mahe and Yanam who presided over courts with extended jurisdiction (competence etendue) were made First Class Magistrates.

2.19.34        As for the civil courts, a reconstitution of the civil judicial system took place when the Pondicherry Civil Courts Act, 1966 was brought into operation on September 5, 1968. According to Section 6 of the Civil Courts Act, the Superior Tribunal of Appeal became a District Court, the Tribunals of First Instance at Pondicherry and Karaikal became subordinate judge's courts and the Courts of the Justice of the Peace were turned into Munsiffs' Courts. The President and the Judge of the Superior Tribunal of Appeal at Pondicherry were to function respectively as Principal District Judge and Additional District Judges. The Presidents of the Tribunals of First Instance at Pondicherry and Karaikal were to become subordinate judges and the Justices of the Peace and those who performed the duties of such Justice, were made Munsiffs within their respective territorial jurisdiction. It was also provided that a District Judge sitting singly would exercise all the powers of the Superior Tribunal of Appeal in respect of all pending cases and cases remanded by the High Court in exercise of its powers as Court of Cassation.

2.19.35        Unlimited pecuniary jurisdiction was given to the District Court and the Subordinate Judge's Courts. The pecuniary jurisdiction of the Munsiffs' Courts was limited to Rs.5,000/- and the jurisdiction of the Subordinate Judge's Courts in small causes was fixed at Rs.1,000/- and that of the Munsiff's Court at Rs.500/-.

2.19.36        Under the provisions of the Civil Courts Act, the office of the Procureur de la Republique was abolished as also the Conseil du Contentieux Administratiff.

2.19.37        Appeal from the decision of the District Judge would be to the High Court of Judicature at Madras. Apart from the District Court at Pondicherry there are three Subordinate Judges' Courts, one at Pondicherry, one each at Karaikal and Mahe and three District Munsiffs' Courts one at Pondicherry and one each at Karaikal and Yanam.

THE PRESENT STRUCTURE OF JUDICIAL SET UP :

2.19.38        Pondicherry Civil Court Act, 1966 was passed to consolidate and amend the law relating to the Civil Courts in the Union Territory of Pondicherry.

2.19.39        Under this Act, the following Courts were established.

          1.       Court of the District Judge,

          2.       The Subordinate Judge's Court, and

          3.       The Munsiff's Court.

2.19.40        Pondicherry Judicial Service Rules were first framed in 1980. At present, Pondicherry Judicial Service (Cadre and Recruitment) Rules, 1996 govern the recruitment and conditions of service of the Subordinate Judiciary in the Union Territory.

2.19.41        At present, there are three cadres, viz.,

1)       District Judges /Additional District Judges-cum-Chief Judicial Magistrate / Sessions Judges/Additional Sessions Judges,

2)       Civil Judges (Senior Division), and

3)       Civil Judges (Junior Division) / Judicial Magistrate of First Class,

          under the control of the High Court of Tamil Nadu.

2.19.42        The initial recruitment to the post of Civil Judge (Junior Division) /Judicial Magistrate of First Class is done by direct recruitment on the basis of written examination and viva-voce conducted by the High Court from amongst the advocates with not less than three years practice at the Bar or Assistant Public Prosecutors with minimum of three years service inclusive of practice as advocate at the Bar.

2.19.43        After appointment, he/she will be on probation for a period of two years. During the period of probation, he/she is required to undergo such training as may be specified by the High Court.

2.19.44        At present, there are 10 posts of Civil Judges (Junior Division / Judicial Magistrates of First Class in the pay scale of Rs.6500-200-10500.

2.19.45        The post of Civil Judge (Senior Division) is purely the promotional post from the cadre of Civil Judge (Junior Division)/Judicial Magistrate of First Class on the basis of seniority-cum-merit, carrying the pay scale of Rs.10000-325-15200.

2.19.46        The cadre of District Judge/Additional District Judge-cum-Chief Judicial Magistrate / Sessions Judge /Additional Sessions Judge is a mixed cadre, consisting of promotees from the cadre of Civil Judges (Senior Division) and direct recruits. Not exceeding 332% of the posts in the cadre may be filled by direct recruitment from amongst the advocates with not less than seven years practice at the Bar. The remaining 66B% of the posts shall be filled up by promotion on the basis of seniority-cum-merit from the cadre of Civil Judges (Senior Division).

 

 

2.19.47        The direct recruits will be on probation for a period of two years. During that period, he/she should undergo such training as may be specified by the High Court. At present, there are five posts in the cadre in the pay scale of Rs.10000-325-15200.

2.19.48        JURISDICTION :

District Court         :         Unlimited jurisdiction on the original side.

Appellate Side        :         Appeals from the decrees and orders of the Civil Judges (Senior Division) and Civil Judges (Junior Division) in respect of the suits, the subject matter of which is upto Rs.30,000/-.

Court of the Civil Judge    :         Unlimited Jurisdiction.

Court of the Munsiff,      

Pondicherry  :         Upto Rs.15,000/-.

Court of the Munsiff,      

Karaikal, Mahe, Yanam    :         Upto Rs.30,000/-.

Appeals from the decrees and orders from the Court of the Civil Judge (Senior Division) and Civil Judge (Junior Division) in respect of the suits, the subject matter of which is above Rs.30,000/- would lie to the High Court.

Under Section 15 of the Pondicherry Civil Courts Act, 1966, as amended, the Government, may, by notification invest any Civil Judge (Senior Division) with the jurisdiction of a Judge of the Court of Small Causes for the trial of suits cognizable by such Courts upto the amount of Rs. 2,000/-.

Accordingly, the Government, may by notification invest any Civil Judge (Junior Division) with the jurisdiction of a Judge of the Court of Small Causes for the trial of suits cognizable by such courts upto the amount of Rs. 500/-.

* * * * *

 

2.20 PUNJAB

2.20.1 Under the first schedule of the Constitution of India, Punjab was Part-A State. Patiala and East Punjab States Union was Part-B State.

2.20.2 By the States Re-Organisation Act, 1956, a New State known as the State of Punjab was formed by integration of the existing States of Punjab and Patiala and East Punjab States Union.

2.20.3 By Sub-section (1) of Section 3 of the Punjab Re-Organisation Act, 1966 certain territories of the State were separated to form a new State of Haryana, by sub-section (1) of Section 5 some more territories were separated to integrate into the Union Territory of Himachal Pradesh to form a new State of Himachal Pradesh and by Section 4 certain territories of Ambala District of the State were carved out to form Union Territory of Chandigarh.

JUDICIAL SYSTEM :

2.20.4 Judicial system in the early period in the State could be traced back to 1853, when the power and functions of Administration vested in the Chief Commissioner assisted by a Judicial and Financial Commissioner.

2.20.5 There were seven grades of Courts which were established under the Punjab Courts' Act in 1865. They were :-

          1.       The Court of the Tahsildar;

          2.       The Court of the Assistant Commissioner with ordinary powers;

          3.       The Court of the Assistant Commissioner with special powers;

          4.       The Court of the Assistant Commissioner with full powers;

          5.       The Court of the Deputy Commissioner;

          6.       The Court of the Commissioner; and

          7.       The Court of the Judicial Commissioner.

 

2.20.6 The Court of the Tahsildar was invested with powers to try and decide suits of every description not exceeding Rs.300/- in value.

2.20.7 The Court of the Assistant Commissioner with ordinary powers had jurisdiction to decide suits of every description not exceeding Rs.100/- in value.

2.20.8 The Assistant Commissioner with Special powers had jurisdiction to decide suits of every description not exceeding Rs.500/- in value.

2.20.9 The Court of the Assistant Commissioner with full powers had jurisdiction to decide suits of every description not exceeding Rs.1000/- (one thousand) in value. He was invested with powers of Magistrate under the Code of Criminal Procedure.

2.20.10        The Deputy Commissioner was invested with powers to decide suits of unlimited jurisdiction. He could hear and decide appeals from the decisions and orders of the Tahsildar and Assistant Commissioner with ordinary and special powers. He was also invested with magisterial powers as defined under the Code of Criminal Procedure. He was the Appellate Authority to hear appeals against the sentences and orders of the subordinate Magistrate Courts.

2.20.11        The Court of the Commissioner had jurisdiction to decide suits of every description without limitation. Appeals from the decisions and orders of the Assistant Commissioner with full powers and the Deputy Commissioner would lie to the Commissioner. He was invested with the powers of the Sessions Judge as defined in the Criminal Procedure Code and he was an Appellate Authority to hear appeals from the decisions of the Subordinate Courts.

2.20.12        In 1865, the Court of the Judicial Commissioner of Punjab was replaced by Chief Court consisting of two or more Judges under the Punjab Chief Courts Act, 1866. One of the Judges of the Chief Court was required to be a Barrister of not less than five years' standing.

2.20.13        The Judges of the Chief Court held their office during the pleasure of the Governor General of India in Council.

2.20.14        The Chief Court was the highest Court of Appeal against the decisions of the Civil and Criminal Courts in Punjab.

2.20.15        The Chief Court had jurisdiction to decide the cases in which British subjects were charged with serious offences.

2.20.16        In 1877, the law relating to the Courts in Punjab was amended and consolidated with the help of the Punjab Courts Act, 1877. At that time, the following courts were in existence:-

          1.       The Court of the Tahsildar with ordinary powers;

          2.       The Court of the Tahsildar with special powers;

          3.       The Court of the Assistant Commissioner with ordinary powers;

          4.       The Court of the Assistant Commissioner with special powers;

          5.       The Court of the Assistant Commissioner with full powers;

          6.       The Court of the Deputy Commissioner;

          7.       The Court of Commissioner;

          8.       The Chief Court.

2.20.17        The Court of the Tahsildar with ordinary powers had jurisdiction to decide suits of the value not exceeding Rs.50/-.      

2.20.18        The Court of the Tahsildar with special powers had jurisdiction to decide suits of the value not exceeding Rs.300/-.

2.20.19        The Court of the Assistant Commissioner with ordinary powers had jurisdiction to decide suits of the value not exceeding Rs.100/-.

2.20.20        The Court of the Assistant Commissioner with special powers had jurisdiction to decide suits of the value not exceeding Rs.500/-.

2.20.21        The Court of the Assistant Commissioner with full powers had jurisdiction to decide suits of the value not exceeding Rs.10,000/-.

2.20.22        The Deputy Commissioner had unlimited jurisdiction.

2.20.23        Appeals from the decisions of the Court of the Tahsildar, the Court of the Assistant Commissioner with special powers and the Court of the Assistant Commissioner with ordinary powers would lie to the Deputy Commissioner.

2.20.24        Appeals from the decisions of the Court of the Assistant Commissioner with full powers and the Court of the Deputy Commissioner would lie to the Court of Commissioner.

2.20.25        The Chief Court was the final Court of appeal against the decisions of the Court of Commissioner.

2.20.26        In 1884, the Punjab Courts' Act, 1884 was passed to amend the law relating to the Courts in Punjab. At that time, the following classes of Civil Courts were in existence, apart from the Chief Court and Court of Small Causes.

1.       The Court of Munsiff;

2.       The Court of Subordinate Judge;

3.       The Court of District Judge; and

4.       The Divisional Court.

2.20.27        The Local Government was authorised to appoint as many persons as it thought necessary to be Divisional and District Judges. The Court of District Judge and the Divisional Court were empowered to decide suits of unlimited jurisdiction.

2.20.28        The Appointing Authority to appoint subordinate Judge and Munsiff was the Local Government. The pecuniary jurisdiction of the Subordinate Judge was unlimited. However, the Munsiff had jurisdiction to decide suits of the value not exceeding Rs.1,000/-. Appeals from the decisions of the Munsiff would lie to the District Judge, if the subject-matter of the suit did not exceed Rs.500/- (Five hundred) in value.

2.20.29        The appeals from the decisions of the subordinate Judge and also the District Judge would lie to the Chief Court, if the value of the suit exceeds Rs.5,000/-.

2.20.30        Appeals from the decisions of the Divisional Court would lie to the Chief Court.

2.20.31        The Divisional Judges decided most of the appeals in Civil suits from the Courts of first instance. As Sessions Judges, they tried sessions cases with the aid of assessors and heard criminal appeals. Thus, the Divisional and Sessions Judges in Punjab fulfilled the functions of the District and Sessions Judges in the regulation provinces. The appeals in minor Civil suits from the Courts of Munsiffs would lie to the District Judge. The Court of the District Judge was also the Principal Court of original jurisdiction in the district.

2.20.32        There were Small Cause Courts at Lahore, Amritsar, Delhi and Simla. Most of the Munsiffs were invested with powers of Small Cause Courts under Act IX of 1887.

2.20.33        In 1918, the following classes of Courts were established under the Punjab Courts' Act, 1918.

          1.       Court of District Judge;

          2.       Court of the Additional Judge*; and

          3.       Court of the Subordinate Judge.

 


* (The Court of the Additional Judge was omitted by Punjab Act 35 of 1963, Section-2.)

2.20.34        The Courts of the Subordinate Judge have been classified into four Classes according to the jurisdiction, viz.,

          i)        Subordinate Judges exercising jurisdiction without limit as to the value of the suit;

          ii)       Subordinate Judges exercising jurisdiction not exceeding Rs.5,000/- in value;

          iii)      Subordinate Judges exercising jurisdiction in suits not exceeding Rs.2,000/- in value;

          iv)      Subordinate Judges exercising jurisdiction in suits not exceeding Rs.1,000/- in value.

The present set up of Judicial structure in the state :

2.20.35        In Punjab there were two cadres in the service viz., Superior Judicial Service and Punjab Civil Service (Judicial Branch).

2.20.36        Both the categories of officers enjoyed Civil and Criminal jurisdiction at the same time.

2.20.37        The Superior Judicial Service consisted of District & Sessions Judges and Additional District & Sessions Judges and exercised both Civil and Criminal jurisdiction.

2.20.38        The officers of Punjab Civil Service (Judicial Branch) also enjoyed Civil and Criminal jurisdiction simultaneously and they were designated as under:-

          i)        Senior Sub Judge.

          ii)       Sub Judge 1st Class.

          iii)      Sub Judge 2nd Class.

          iv)      Sub Judge 3rd Class.

 

          On the Criminal side they were designated as :-

          i)        Chief Judicial Magistrate.

          ii)       Additional Chief Judicial Magistrate.

          iii)      Sub-Divisional Magistrate.

          iv)      Judicial Magistrate 1st Class.

          v)       Judicial Magistrate 2nd Class.

2.20.39        After the Judgment of Hon'ble Supreme Court in All India Judges' Association Case reported in 1993 (6) SLR 37 uniformity in heirarchy and designation was given effect to throughout the Country including the States of Punjab and Haryana. Punjab Civil Service (Judicial Branch) was divided into following two categories :-

          i)        Civil Judges (Senior Division) which included Additional Civil Judge (Senior Division) and Judge Small Cause Court.

          ii)       Civil Judge (Junior Division).

2.20.40        The Recruitment and conditions of service to Punjab Civil Service (Judicial Branch) are regulated by the Punjab Civil Service (Judicial Branch) Rules, 1951. Under the said rules, initial recruitment to the cadre of Civil Judge (Junior Division) is made by the Public Service Commission from amongst the Advocates with three years' practice at the Bar by conducting written test and viva-voce. On being selected, a candidate is posted as Civil Judge (Junior Division)-cum-Judicial Magistrate second class. He is designated as Judicial Magistrate 1st Class only after he gains experience of Judicial Magistrate 2nd Class for about six months. He will be on probation for a period of two years. During this period, he is required to undergo such training as prescribed by the High Court. The initial pay of the Civil Judge (Junior Division)-cum-Judicial Magistrate Second Class has been revised as per Punjab Government's letter No.14/44/97-3JUDL(I)/302 dated 12-11-1998 with effect from 1-1-1996 :-

 

Existing Pay-scales (prior to 1-1-96)

Revised Pay-scales w.e.f. 1-1-96

Remarks

2200 - 4000

7880 - 13500

(with start 8000)

(Entry scale)

The grant of higher pay scales after 4, 9 and 14 years service shall be subject to the same condition as may be prescribed for the Punjab Civil Service (Judicial Branch).

3000 - 4500

(Senior scale after 8 years service).

10025 - 15100

(After 4 years of regular service in the entry scale).

 

 

12000 - 15500

(After 9 years of regular service in the entry scale).

 

4125 - 5600

(Selection grade after 18 years service).

14300 - 18600

(After 14 years of regular service in the entry scale).

The existing incumbents in the scale of Rs.4125 - 5600 are allowed revised equivalent of Rs.13500 - 16800 as a measure personal to them.

 

2.20.41        The posts of Civil Judge (Senior Division), Additional Civil Judge (Senior Division), Chief Judicial Magistrate / Additional Chief Judicial Magistrate /Judge (Court of Small Causes) are not promotion posts, but the officers are designated for these posts within the same cadre. They are granted special allowance of Rs.400/- per month.

2.20.42        There are 213 posts in the cadre of Punjab Civil Services (Judicial Branch).

 

2.20.43        Punjab Superior Judicial Service (Rules), 1963, govern the recruitment to the Superior Judicial Service, consisting of District and Sessions Judges / Additional District and Sessions Judges.

2.20.44        At present there are 88 posts in the cadre of Punjab Superior Judicial Service with the following pay-scales:-

Existing Pay-scales (prior to 1-1-96)

Revised Pay-scales w.e.f. 1-1-96

Remarks

3000 - 5000

10025 - 18600

Additional District Judges recruited direct from the Bar would be entitled upto seven increments under the Rule.

5000 - 6700

(Selection Grade)

18600 - 22100

To the District / Addl. District Judges after 8 years of service.

2.20.45        These pay scales have been enforced by the Punjab Government w.e.f. 1-1-1996 subject to the condition that if the National Judicial Pay Commission grants lesser pay scales, difference will be recovered / adjusted from the Judicial Officers.

2.20.46        25% of the posts in the cadre are filled up by direct recruitment from amongst the Advocates with 10 years' practice. The remaining 75% of the posts are promotional posts to be filled up by promoting the Judicial Officers in the cadre of Punjab Civil Service (Judicial Branch) who have completed not less than 10 years of continuous service and have held for an aggregate period of one year or more any of the following posts, viz. :

          i)        Civil Judges (Senior Division),

          ii)       Additional Civil Judges (Senior Division),

          iii)      Chief Judicial Magistrates,

          iv)      Additional Chief Judicial Magistrates, and

          v)       Judges (Court of Small Causes).

2.20.47        The District & Sessions Judge is entitled for special allowance of Rs.600/- P.M. and the Additional District & Sessions Judge is entitled for special allowance of Rs.400/-.

2.20.48        The directly recruited District & Sessions Judges will remain on probation for a period of two years under Rule 10 of Punjab Superior Judicial Service Rules, 1963. They would also be entitled to increments on the basic pay under Rule 13 of the said Rules, as under :-

          i)        Not less than 10 years but less than 11 years   ...       3 increments

          ii)       Not less than 11 years but less than 12 years   ...       3 increments

          iii)      Not less than 12 years but less than 13 years   ...       4 increments

          iv)      Not less than 13 years but less than 14 years   ...       5 increments

          v)       Not less than 14 years but less than 15 years   ...       6 increments

          vi)      Not less than 15 years      ...       7 increments

2.20.49        Almost all the Judicial Officers including the members of Superior Judicial Service are deputed to attend various training programmes organised by the National Institute of Criminology and Forensic Science, Ministry of Home Affairs, New Delhi and also Refresher Courses.

JURISDICTION :

2.20.50        Under the Punjab Courts Act, 1918, the Court of the District Judge shall be deemed to be the District Court or Principal Civil Court of original jurisdiction in respect of the original civil suits without limit as regards the value.

 

2.20.51        The jurisdiction to be exercised in original suits as regards the value by the Civil Judge (Senior Division) is unlimited.

2.20.52        The Civil Judge (Junior Division) during his service upto three years is empowered to decide suits upto the value of Rs.2,00,000/-.

2.20.53        The Civil Judge (Junior Division) after completing three years of service would exercise unlimited jurisdiction.

APPELLATE JURISDICTION :

2.20.54        An appeal from a decree or order of a Civil Judge would like to the District Judge in respect of the original suits, the value of which does not exceed Rs.5,00,000/-.

2.20.55        In any other case, the appeal would lie to the High Court.

2.20.56        But the Appellate jurisdiction of the Additional District Judge is Rs.1,50,000/-.

 

* * * * *

 

2.21 RAJASTHAN

2.21.1 The State of Rajasthan has emerged through a process of evolution by stages. The State which was initially known as the United State of Rajasthan was formed on 7th April 1949 comprising the areas of the former Rajasthan, the former Jaipur, Jodhpur, Bikaner and Jaisalmer States. The former Matsya State joined this Union on 15th May 1949. On the eve of the coming into force of the Constitution of India, the former Sirohi State minus the Abu area was brought into the fold of Rajasthan. Under the First Schedule of the Constitution, it was Part "B" State.

2.21.2 As a result of the Reorganisation of States, which came into force on 1st November 1956, the new State of Rajasthan was constituted by the exclusion of Sironj Sub-Division and the inclusion of Abu, Ajmer and Sunel areas.

RAJPUTANA

2.21.3 Rajputana consisted of 18 States, two chiefships and five agencies under the Superintendence of the Governor-General's Agent. In former times, there was neither any written law emanating from the head of the State nor any system of permanent and regularly constituted Courts of Justice.

2.21.4 As Col. Tod has put it "Justice was tempered with mercy, if not benumbed by apathy". Crimes of grave nature were condoned by nominal imprisonment and heavy fine, while offences against the religion or caste, were dealt with rigorously. Capital punishments were rarely inflicted. In case of murder, common sentence would be fine, corporal punishment, imprisonment, confiscation of property or banishment.

2.21.5 The indigenous judicial system of the country was panchayet or jury of arbitration for settlement of all civil and of good many criminal cases. Each town and village had its assessors of justice elected by their fellow citizens and they served, as long as, they conducted themselves impartially in disentangling the intricacies of the complaints preferred to them. A person tried by Panchayet could appeal to the Chief of the State who could reverse the decision, but rarely did so. Another system of trial was by ordeal, especially when the Court of Arbitration had failed to arrive at a decision.

2.21.6 Such was the state of affairs in olden days and even as in 1867 law and system hardly existed in the State. Judges were without training and experience. Their retention of office depended on the capricious will and pleasure of the Chief.

2.21.7 Since then, however, great progress has been made. Some of the States enacted their own Codes and Acts based largely on those of the British India. While in others, British laws and procedure were generally followed. Every State had a number of regular Civil and Criminal Courts ranging from those of the District Officers to the final Appellate Authority.

2.21.8 Two kinds of Courts, more or less, peculiar to Rajputana deserve mention. They were the Courts of the Vakils and Border Courts. There were 5 Courts of Vakils at Deoli, Jaipur, Jodhpur and Udaipur and an upper court at Abu. They were established in 1844 with the special object of securing justice to the travellers and others who had suffered injury in territories beyond the jurisdiction of their own Chiefs. These Courts were simply courts of equity awarding both punishment to the offenders and redress to the injured. Though these courts were far from perfect they were well adapted to the requirements of the country.

2.21.9 Upper Court at Abu was composed of Vakils attendent and the Agent of the Governor General and usually presided over by one of his assistants. Its duties were almost entirely appellate, but sentences of the lower courts exceeding 5 years imprisonment or awards for compensation exceeding Rs.5,000/- required its confirmation.

 

 

2.21.10 Border Courts were some what similar to those courts of the Vakils. But, the procedure adopted in those courts was some what crude than that in the Courts of the Vakils. Those courts dealt with tribal quarrels, affrays in the jungle and the lifting of women and cattle and all the blood-feuds and reprisals. They consisted of British officers in political charge of the States concerned. There would be no appeal against the decisions in which both the officers concurred, but when they differed, the cases were referred to the Agent to the Governor General for Rajputana whose orders were final.

2.21.11 The Governor General in Council with the consent of the Rulers concerned established Courts of Magistrates at Abu, Sambhar, Dadwana and Pachbhadra. These Courts were subordinate to the Resident of Jodhpur who acted both as the District Magistrate and Sessions Judge. Governor General's Agent was the High Court.

2.21.12 There were Special Magistrates with First Class Magisterial powers and a Judge of the Small Causes for the lands occupied by the Indian Midland Railways. District Magistrates, Courts of Sessions and District Judges were appointed in Dholpur and Kutch limits. Governor General's Agent acted as the High Court for this area. Accordingly, Rajputana-Malwa Railway had First and Second Class Magistrates and Courts of Small Causes. The Commissioner of Ajmeer-Merwara was the Sessions Judge for the whole of the Railways in the Province. Governor General's Agent acted as the High Court.

ADMINISTRATION OF JUSTICE IN THE PRINCELY

STATES OF RAJPUTANA

MEWAR STATE :

2.21.13 In Mewar, administration of justice was usually confined to its local authority of the Purgunnah or District for the area under his management. These local authorities were vested with powers of taking cognizance and disposal of civil suits in general. They were also vested with powers to take cognizance of all criminal cases. They were empowered to inflict fine or imprisonment to a limited extent in respect of minor offences, but in no case, they were authorised to inflict capital punishment.

2.21.14 In 1870, Maharana Shambhu Singh took measures to improve the administration of civil and criminal justice. Civil and Criminal Courts were established. Civil Courts were conferred with jurisdiction to decide suits of the value upto Rs.2,000/-. Criminal Courts were empowered to impose a fine upto Rs.500/- and sentence upto one year imprisonment. A new Code of Law for the State of Mewar was enacted by the then Agent to Lt. Col. Keatinge. Administration of justice was dispensed with under the Codes of British India, Hindu Law and local customs.

2.21.15 In 1872-73, Indian Penal Code and Criminal Procedure Code were adopted and promulgated as the law of the land. Criminal cases were usually disposed of in accordance with the said enactments but death sentence was rarely passed.

2.21.16 Judiciary was streamlined. Naib Hakims were appointed to try petty cases such as those triable in British India by a Magistrate of Third Class. They were also conferred with powers to decide civil suits upto the value of Rs.500/-. Hakims of the Districts were authorised to dispose of civil suits not exceeding Rs.5,000/- in value. They could pass sentence of imprisonment upto a term of one year and impose fine upto Rs.500/-. He was the final authority in respect of suits not exceeding Rs.50/- in value. Appeals from the decisions of Hakims would lie to the Courts of Faujdar and Civil Judge at Udaipur.

2.21.17 The Court of Hakim Faujdar presided over by Faujdar was conferred with powers to sentence upto 3 years imprisonment and fine upto Rs.1,000/- and twelve stripes. He also heard appeals from the Court of the District Hakims.

 

2.21.18 Police Superintendent was the ex-officio Judge of the Small Causes Court to decide Small Cause Suits upto the value of Rs.50/- for Udaipur and its suburbs. In criminal cases, he was empowered to sentence one month's imprisonment and fine upto Rs.51/- and 12 stripes. There was no appeal against his decisions. Revision would lie to Mahendraj Sabha. In respect of more heinous offences, he held a preliminary police enquiry and sent cases to the Sadar Criminal Court for trial.

2.21.19 Further, the Court at Udaipur known as Hakim Diwani presided over by Civil Judge had original jurisdiction to decide suits from Rs.50/- to Rs.10,000/- and was also the appellate Court to hear appeals from the Courts of the Hakims.

2.21.20 Mahendraj Sabha or Judicial Council was the highest Court consisting of eight members with His Highness as the President. This council when attended by members only was called Ijlas-mamudi. It was the appellate Court against the decisions of Civil and Criminal Courts at Udaipur and also the Court of Police Superintendent and Hakim of Magra Zila. It had original jurisdiction to decide suits upto the value of Rs.15,000/- and it could also try criminal cases and award imprisonment of seven years and a fine of Rs.5,000/- and 24 stripes. However, all the decisions of the Judicial Council were subject to confirmation by the Maharana. This tribunal was called as Ijlas Kamil, whenever Maharana presided over the same to decide serious and important cases. It was the final Court of Appeal.

2.21.21 As per the Rules of Procedure drawn up in 1878 Jagir Courts were established at Jagir estates of first class nobles at Bari Sadri, Begum etc. These nobles could try all cases in which both the parties were subjects. Appeals from these Jagir Courts would lie to Maharana. Heinous offences such as, murder, sati, dacoity, highway robbery with homicide or threat to life, traffic in children and counterfeit of coins were to be reported to Maharana and the proceedings of the Jagir Courts had to be submitted for approval.

2.21.22 A portion of the Mewar State was occupied by Rajputana-Malwa Railways. Numerous British enactments were extended to that portion of Mewar State and Cantonment Magistrate of Nasirabad who was invested with the powers of Court of Small Causes and District Court was empowered to dispose of civil suits. Criminal cases were decided either by the Asst. Superintendent or Assistant Inspector General, Railway Police, who was invested with the Second and First Class magisterial powers or by Cantonment Magistrate or Nasirabad. The Commissioner of Ajmeer was invested with powers of a Session's Judge. Governor General's Agent was acting as the High Court.

2.21.23 In 1945, an independent High Court with powers of control and superintendence over the subordinate judiciary was established by Letters Patent. There were three puisne Judges constituting a final Court of Appeal. All non-judicial members and Jagirdars were excluded to participate in the court proceedings.

PRATAPGARH STATE :

2.21.24 In the erstwhile Pratapgarh State there was seperate hierarchy of Criminal and Civil Courts. Criminal Courts were of two types viz., State Courts and Jagirdar Courts. State Council or Raj Sabha was the highest Court of adjudication in the State. It was empowered with both original and appellate jurisdiction in civil and criminal cases. It had jurisdiction to try civil suits of the value exceeding Rs.10,000/-. It exercised powers of appeal and revision over all the civil and criminal courts of the State. When this Court was presided over by Maharawat for trial of murder cases, it could pass a sentence of death. Raj Sabha was the final Court of Appeal. However, parties were permitted to file revision to Maharawat against the orders of the Raj Sabha on appeal.

2.21.25 Below the State Council or Raj Sabha there were courts of one First Class Magistrate and one Third Class Magistrate.

 

2.21.26 Civil Judge was conferred with powers of First Class Magistrate. He had also original jurisdiction to try suits of the value of not more than Rs.10,000/-. He was invested with the powers of Small Causes Court to hear and dispose of suits of the value not exceeding Rs.300/-.

2.21.27 After the merger of the princely States into Rajasthan, Pratapgarh was formed as a District. District & Sessions Court with headquarters at Pratapgarh was established for Chittaurgarh district under the administrative control of the High Court of Jodhpur.

JODHPUR - PALI :

2.21.28 In the erstwhile Jodhpur State, in 1839 certain courts were established in the Districts, as well as, at the Capital. The Hakim, the Karkun, the Munsiff, the Waqanavis and the Ittila-navis administered justice in the Districts. However, appeals were provided in all the cases except in cases of trivial nature. There were no set rules and regulations for conducting proceedings in these courts.

2.21.29 In 1870's concrete steps were taken to establish proper judicial system.

2.21.30 In 1882, Court of Sardars was constituted to command obedience of Jagirdars to its decrees.

2.21.31 In 1884 and 1886, Munsiffs' Courts were established to dispose of accumulated arrears. Judicial Superintendents' Courts were constituted for groups of Districts to inspect the work of Hakims and to dispose of such cases at the spot.

2.21.32 Mahakma-Khas with two members presided over by Maharaja was both the legislature and High Court for Jodhpur State. This was the highest Judicial Tribunal in the State both in civil and criminal cases.

 

 

2.21.33 In January 1886, Civil Procedure Code, Limitation Act, Evidence Act and Stamps Act and in March 1887 Criminal Procedure Code, based on similar enactments in British India with certain modifications to suit the local requirements were made and published.

2.21.34 In the trial of civil cases, courts followed the principles of Hindu Law and local usage.

2.21.35 In 1905, the following courts were existing :

1. Hawala Courts,

2. Hukumat Courts,

3. Jodhpur Kotwali Court,

4. Mallani Munsif Court,

5. Courts of Superintendent of Circles,

6. Civil Court or Sadar Diwani,

7. Criminal Court or Sadar Faujdari,

8. Appellate Court,

9. Court of Sardars,

10. Mahakma-Khas.

Apart from the above courts, Jagirdars were running their own courts as Kamdars.

2.21.36 Each Hawala Court was presided over by an official known as Daroga. One Hawala Court presided over by Superintendent was at Jodhpur. He was to hear appeals against the decisions of the Darogas. Darogas were empowered to hear civil suits not exceeding Rs.100/- in value provided both the parties were inhabitants of the village of the same circle.

 

2.21.37 Hukumat Courts were presided over by Hakims. These courts could decide suits of the value not exceeding Rs.500/-. In criminal cases, Hakim could pass a sentence of imprisonment upto four months and impose fine upto Rs.200/- and six stripes.

2.21.38 Appeals in civil cases against the decisions of Hakims and Superintendents would lie to the Civil Court or Sadar Diwani Adalat. This Court had appellate, as well as, original jurisdiction with certain conditions.

2.21.39 In criminal matters, appeals against the decisions of Hakims would lie to the criminal court or Sadar Faujdari Adalat. This Court had also powers to try original criminal cases.

2.21.40 The Appellate Court had jurisdiction to hear appeals from the decisions of the Civil and Criminal Courts. It also exercised jurisdiction to try original suits. However, it was a final court of appeal if the decrees of the lower Courts in civil cases were confirmed. Imposition of sentence not exceeding one year imprisonment and fine upto Rs.500/- in criminal cases, were usually non-appealable.

2.21.41 Courts of Sardars had both original and appellate jurisdiction in civil cases between the Rajput Jagirdars. It consisted of two tribunals, one under the Superintendent and another under Asst. Superintendent. Superintendent was empowered to decide suits of the value not exceeding Rs.2,000/-, as well as, miscellaneous cases. Appeals from the decisions of the Assistant Superintendent would lie to the Superintendent.

2.21.42 The Mahakma-Khas had full powers of revision and control over all the subordinate courts in civil and criminal matters.

2.21.43 In addition to the Courts mentioned above, there were some Jagirdars' Courts in Jodhpur. These Courts were headed by Jagirdars whose judicial powers were dependent on the grade to which they belonged. Appeals against the decisions of these Jagirdars' Courts would lie to Mahakma-Khas.

2.21.44 In 1912, Chief Court was established at Jodhpur replacing Mahakma-Khas of its judicial powers. It had original jurisdiction to decide suits of the value of more than Rs.10,000/-. The State of Jodhpur was divided into four circles, each headed by a Judicial Superintendent.

2.21.45 In 1924, District & Sessions Courts replaced Sadar Faujdari, Sadar Diwani and Courts of Sardars. Courts of Naib-Hakims were created.

2.21.46 In 1945-46, following Courts were in existence :

(i) Chief Court with original and appellate jurisdiction.

(ii) District & Sessions Courts with original and appellate jurisdiction in civil and criminal matters.

(iii) Judicial Superintendents' Courts with original jurisdiction in suits of the value between Rs.1,001/- and Rs.4,000/-. It was the appellate Court to hear appeals against the decrees of Hakims and Naib-Hakims. On the criminal side, it was invested with powers under Section 30 of Marwar Criminal Procedure Code and to hear appeals against the convictions by Magistrates of the Second and Third Classes. It also exercised the powers of District Magistrate.

(iv) Hakims' Court: Hakims on the civil side were empowered to try suits upto the value of Rs.1,000/-; on the criminal side, they were First Class Magistrates. Naib-Hakims were empowered to decide money suits upto the value of Rs.200/- on the civil side. They also exercised magisterial powers of Third Class Magistrates on the criminal side for the first two years after their appointment and thereafter, they would be empowered to decide civil suits of all kinds upto the value of Rs.500/- and magisterial powers of Second Class Magistrates on the criminal side.

 

2.21.47 Soon after the District Officer system akin to British Province was introduced in the princely State, the Courts of Subordinate Judges with jurisdiction to decide suits upto the value of Rs.4,000/- and Munsiffs with jurisdiction to try suits upto the value of Rs.1,000/- were also established.

BIKANER :

2.21.48 Regular Courts were established in the Princely State of Bikaner in the year 1871 during the reign of Maharaja Sardar Singh. The State Council in the exercise of its powers created revenue, criminal and civil courts. Appeals against the decisions of each court would lie to the State Council which was the highest Court of Appeal. Petition could be submitted to Ijlas-e-Khas against the decisions of the State Council. Tehsil Courts were also established in each Tehsil headed by Tahsildar. Tahsildars were of two categories. Tahsildars exercising first class powers were empowered to impose a sentence of 3 months imprisonment or a fine upto Rs.50/- and the Tahsildars who were exercising second class powers were empowered to impose a sentence of imprisonment upto one month or a fine of Rs.30/-. At some places, Naib-Tahsildars were also appointed later.

2.21.49 In 1884-85, Central Civil and Criminal Courts at Bikaner were abolished and four Nizamats were created. These Courts were invested with powers similar to those exercised by the Central Courts in judicial matters. Appeals against the decisions of Nizamat Courts in civil and criminal cases would lie to the State Council. Nizamat Court presided over by Nazim had jurisdiction to decide suits of the value not exceeding Rs.10,000/-. On the criminal side, he could inflict a sentence of imprisonment not exceeding five years and fine not exceeding Rs.500/-. He was the appellate authority against the decisions of Tahsildars. Appeals against the decisions of Nazims would lie to the appellate Court which was constituted by the Regency Council of Maharaja Ganga Singh. Appellate Court could refer cases to the Regency Council at Bikaner, the highest Court of Appeal.

2.21.50 In the beginning of the 20th century, the following courts were in existence:

(i) Mahakma-Khas: The Court of His Highness the Maharaja. This Court had powers to pass death sentence in criminal cases. It was a revisional court against the decisions of the Council.

(ii) Council: This was the highest Judicial Court next to Mahakma-Khas, both on the civil, as well as, criminal side.

(iii) Appeal Court: It was a Court of Sessions to hear criminal cases. It had original jurisdiction to decide civil suits. It was also a court of appeal against the decisions of First Class Magistrates.

(iv) Nazims' Courts: They had first class magisterial powers, had original jurisdiction to decide suits upto the value of Rs.10,000/- and hear appeals against the decisions of the Subordinate Courts.

(v) Tahsildars' Courts: These courts were invested with second class magisterial powers and had original jurisdiction to decide suits upto the value of Rs.500/-.

2.21.51 One Bikaner City Munsiff's Court with jurisdiction to decide original suits upto the value of Rs.500/- and one Honorary Magistrate's Court at Bikaner with second class magisterial powers were in existence. The latter court had also been invested with small cause court's powers. Naib-Tahsildar Courts with III Class magisterial powers were empowered to try suits upto the value of Rs.300/-. One Honorary Magistrate's Court at Honar was functioning with powers of the Small Causes Court.

2.21.52 In 1910, a Chief Court was established with a Chief Judge and two other Judges. It had original, appellate and revisional powers in all civil and criminal cases along with supervisory powers over the work of the lower courts. Consequent upon the establishment of the Chief Court, the Appeal Court was abolished in 1910.

2.21.53 The administration of justice and the procedure followed by the Courts in the erstwhile Bikaner State was governed by the corresponding rules and regulations of the Government of India with certain modifications to suit the local custom and usage.

2.21.54 In 1922, High Court of Judicature was established at Bikaner with original, appellate and revisional jurisdiction in civil and criminal cases. Appeals from the decisions of the High Court could be preferred in certain cases to the Judicial Committee of the Executive Council, which like the Privy Council of Great Britain, was the highest Court in the State. Capital punishment could not be inflicted unless and until it was confirmed by the Ruler.

2.21.55 In 1922-23, Courts of the District Judges and Munsiffs were established at Bhadra and Hanumangarh.

2.21.56 In 1930, Civil Courts Act was passed, which conferred larger powers on the civil courts.

2.21.57 In 1940, judicial system was reorganised by introducing some changes in the constitution and jurisdiction of the Courts.

2.21.58 After the integration of this State with Rajasthan, the district was brought in line with other administrative units of Rajasthan.

DUNGARPUR :

2.21.59 In the early period of this century, various courts were established in the State on the model of British India Courts.

2.21.60 The State was divided into 3 Zilas of Districts, later on reduced to 2. Each District was under the authority of an official called Ziladar who exercised powers of III Class Magistrate. He was empowered to try civil suits of the value not exceeding Rs.100/-. Appeals against the decisions of Ziladars were heard and decided by Faujdar who was invested with powers of First Class Magistrates. He had jurisdiction to decide civil suits upto the value of Rs.10,000/-. The Council was the appellate authority against the orders of Faudars. The council was empowered to try all cases but sentence of death or transportation for life required confirmation of the Agent to the Governor-General in Rajputana.

2.21.61 Later on, Ijlas-council, a Sessions Court and Nizamat Courts were established. In February 1913, a Chief Court which was subordinate to Ijlas-council was created.

2.21.62 In 1918, Legislature Council consisting of eleven members, replaced the Chief Court and Sessions Court. It was the highest court in civil and criminal matters and was also the legislative body. On the original side, it exercised the powers of Sessions Court in criminal cases and that of the High Court in civil suits. On the appellate side, it was the highest court under the Ruler whose confirmation was required for death sentences, transportation for life and imprisonment over and above seven years. Besides this body, there were three more courts of adminsitration of justice in the State viz., (1) Adalat Faujdari (Criminal Court); (2) Adalat Diwani (Civil Court); and (3) Sagwara Zila Court with powers of Second Class Magistrate.

2.21.63 Later on, a High Court was established at Dungarpur.

2.21.64 In 1944-45 following eight courts were in existence and they continued till the merger of the State in Rajasthan.

(i) High Court,

(ii) Legislative Council or Raj Shasan Sabha,

(iii) Court of the Civil Judge at Dungarpur,

(iv) Court of the I Class Magistrate at Dungarpur,

(v) Court of the Second Class Magistrate at Sagwara,

(vi) Court of the Sub-Judge at Sagwara,

(vii) Court of the III Class Magistrate at Aspur, and

(viii) Court of the Munsiff at Aspur.

BUNDI STATE :

2.21.65 Till 1888, there was no written law in this State and cases were decided in accordance with the principles laid down under Hindu Sastras. Pandits were invariably consulted in more important matters. Highest Court in the State was known as Mahakma Nyaya or Nyaya Sabha, presided over by a senior Jagirdar, one or two pandits and a member of the State Council, but the ultimate Tribunal was the Ruler himself.

2.21.66 In 1888 for the first time, an attempt was made to codify the laws and by 1900, the following Courts were in existence in the State:

(1) Council;

(2) Hakim Dewani;

(3) Hakim Faujdari;

(4) Appellate Court;

(5) Kotwali Adalat;

(6) Jagiri;

(7) Fort Taragarh;

(8) Fort Nainwa; and

(9) Pargana Courts.

 

2.21.67 In 1909, the Appellate Court was abolished and its powers were transferred to the judicial branch of the Council.

2.21.68 In 1918, the lowest Court in the capital was that of the Kotwal. He decided petty civil suits of the value not exceeding Rs.25/-. On the criminal side, he could pass a sentence of one month's imprisonment or levy fine upto Rs.11/-. There were also Courts of Tahsildars and two Kiledars or Governors of the Forts of Taragarh (at the capital) and Nainwa. These Courts were invested with the same criminal powers as that of Kotwal. However, they were empowered to decide civil disputes upto the value of Rs.200/-.

2.21.69 The Court of the official known as Jagir Bakshi was empowered to decide petty suits in the estate of Jagirdars. Bundi City was a separate District under a City Magistrate.

2.21.70 Above these Courts, were the Courts of the Nazims situated in each of the Districts of Patan, Dei, Gendoli, Berundhan and Hindoli. These Nazims exercised both Civil and Magisterial powers. On the civil side, they had pecuniary jurisdiction upto Rs.2,000/-. On the criminal side, they were empowered with First Class Magisterial powers to inflict punishment upto one year imprisonment and fine upto Rs.100/-.

2.21.71 Superior Civil Court was Hakim Diwani and Criminal Court was Hakim Faujdari. They were located at the capital. These Courts heard appeals against the decisions of the lower courts. Council was the highest Court. It was the final appellate authority. Council presided over by Maharao could pass sentence of death.

2.21.72 In 1928, Indian Penal Code was introduced in the State. Later, various important British laws were made applicable to the State.

2.21.73 In 1940, Judicial Department was made independent of the executive control and High Court was established with two Judges.

2.21.74 In the same year, Darbar appointed a Judicial Committee to serve as the highest Court of appeal in civil suits of the value of Rs.5,000/- or more. It was the highest appellate authority, if the case was certified as fit for appeal by the High Court. After merger of the State, the High Court of Bundi was abolished.

 

 

MARWAR STATE :

2.21.75 Before 1875, there were no codified laws to administer justice. The cases were disposed of by taking the asistance of panchayats, wherever possible. Majority of the cases were dealt with by Hakims who combined both executive as well as judicial functions.

2.21.76 After Maharao Keshari Singh ascended the throne in 1875, he took keen interest in the administration. Separate civil and criminal Courts were established and codification of laws began.

2.21.77 In 1890, there were three classes of Courts viz., (1) those deriving their authority from Darbar; (2) those established by the Governor General-in-Council with the consent of Maharao; and (3) others or inter-statal. The lowest Court was that of Kotwal of Sirohi who could pass a sentence of imprisonment upto two weeks and fine upto Rs.25/- and decide civil suits of the value not exceeding Rs.25/-. Next in hierarchy came the Courts of various Tahsildars and Magistrates of Kharari (Abu Road). They were empowered to impose sentence of imprisonment upto two months and fine upto Rs.100/-. They had jurisdiction to dispose of civil suits of the value not exceeding Rs.300/-. Appeals against the decisions of these Courts would lie to the judicial officer who was both the District Magistrate and District Judge. Dewan was exercising the powers of Sessions Judge. He heard appeals against the decrees of the judicial officers and decided all suits of the value exceeding Rs.2,000/-. Important cases were submitted to His Highness for decision. He was also competent to impose capital punishment. He was the final appellate authority in all matters, either to alter or modify the order of any Subordinate Court.

2.21.78 Darbar had full jurisdiction throughout the State.

 

 

British Courts :

2.21.79 On October 7, 1940 High Court was established on the lines of those in British India. On the civil side, there was District & Sessions Court which had powers to try all original suits of the value exceeding Rs.5,000/- and to hear appeals from the decrees of the civil and subordinate Judges. On the criminal side, it had powers of a Court of Sessions, as well as, jurisdiction to hear appeals in all criminal cases decided by Magistrates. On the civil side, Court of the District Magistrate had original jurisdiction in all suits of the value upto Rs.5,000/- and appellate powers from the decrees of the Tahsildars and Thikana Courts. On the criminal side, the Court of the District Magistrate exercised powers of First Class Magistrates and it was the appellate Court against the convictions by Tahsildars and Thikana Courts.

2.21.80 With the reorganisation of revenue machinery in December 1940, civil powers which were hitherto exercised by Tahsildars were transferred to the newly appointed Sub-Judges. Magisterial powers of the Tahsildar at Pindawara and Sheogang were raised from second class to that of first class. Sub-Judges had jurisdiction to hear suits upto the value of Rs.500/-.

2.21.81 The Nibaj Thikana was the lowest Court to decide civil suits upto the value of Rs.500/- and invested with second class Magisterial powers. The Padir Thikana had jurisdiction to hear civil suits upto the value of Rs.3,000/- and exercised third class Magisterial powers.

2.21.82 From 1941 to 1946, Honorary Magistrates were appointed from time to time to deal with specified cases.

2.21.83 Some of the Panchayats were given powers to decide petty cases.

 

 

ALWAR STATE :

2.21.84 In the closing years of the 19th century, some sort of judicial set up was brought into effect in Alwar State. Highest Court was the Council presided over by the Ruler who could pass a sentence of death. Below the Council, there were Court of the District & Sessions Judge, Court of the Faujdar, Court of the Asst. Civil Judge in the City of Alwar and Courts of the Tahsildars. The Tahsildars were exercising third class Magisterial powers and had jurisdiction to decide civil suits upto the value of Rs.100/-. There was Bench of Honorary Magistrates in the City of Alwar with jurisdiction to decide suits of the value not exceeding Rs.200/-. Faujdar and Civil Judge could hear appeals against the judgment of the Courts of the Tahsildars. District and Sessions Judge was the appellate authority to hear second appeals. The High Court which was already in existence was reorganised in 1941. Courts of the Munsiff-Magistrate were set up during that period. Those Courts were invested with first class Magisterial powers. On the civil side, they could hear suits upto the value of Rs.3,000/-. After formation of United State of Matsya, a Bench of Matsya High Court consisting of a Chief Judge and two puisne Judges was set up.

BANASWARA STATE :

2.21.85 Till the closing years of the 19th century, judicial administration in the State was of primitive kind. In the beginning of the 20th century, all the Tahsildars were invested with Magisterial powers. They were empowered to decide civil suits upto the value of Rs.100/-. Appeals against the decisions of the Tahsildars would lie to the Faujdar. He had jurisdiction to decide civil suits upto the value of Rs.1,000/-. The highest Appellate Court at that time was the State Council which exercised the functions of Sessions Court to try cases committed by Faujdar. A few leading Jagirdars of the State were also invested with second and third class Magisterial powers within their respective estates. Appeals against their decisions would lie to Faujdar.

2.21.86 In 1923-24, jurisdiction of the State Council was changed. It was no longer a final Court of appeal. A provision was made to prefer appeal to the Ruler for decision. The State Council was renamed as judicial and legislative Council consisting of one President and four Members. It exercised the powers of High Court. It was invested with appellate and criminal & civil jurisdiction. In criminal cases, where punishment of more than seven years rigorous imprisonment was awarded, approval of the Ruler was necessary. On the criminal side, two Courts of District Judges, two Courts of II Class Magistrates and four Courts of III Class Magistrates were established. On the Civil side, Sadr-Adalat Diwani with headquarters at Banswara and two Diwani Adalats at Garhi and Khandoo were established.

2.21.87 In 1940, the State Judicial Council was abolished and in its place High Court was established at Banswara with original, appellate and revisional jurisdiction in civil and criminal matters. Appeals against the decisions of the High Court would be made to Maharawal who alone enjoyed Royal prerogatives. His Court was named as Ijlas Alia.

2.21.88 In 1944-45, Ijlas Alia was renamed as Paramochashansthan (Highest Court).

2.21.89 In 1946-47, the following Courts were in existence in the State :

(1) District and Sessions Court, Banaswara;

(2) Civil Court, Banaswara;

(3) I Class Magistrate's Court for Northern District;

(4) I Class Magistrate's Court for Southern District;

(5) Munsiff and II Class Magistrate's Court, Khandoo;

(6) Courts of Tahsildar vested with II Class Magisterial powers; and

(7) One II Class Magistrate's Court for forest area.

 

UDAIPUR STATE :

2.21.90 Prior to 1865, there was no regular and organised system of judicial administration in the erstwhile Udaipur State. Justice was administered by Hakims and Jagirdars who exercised their powers imperium in imperio.

2.21.91 During the reign of Maharana Shambhu Singh, an attempt was made to reform the work on both civil and criminal courts in the State.

2.21.92 In 1877, the Court of Maharana called Ijlas-Khas comprised of 15 members was established to hear appeals from the decisions of the subordinate Courts, both civil and criminal. It was the highest Court of appeal.

2.21.93 In 1880, Ijlas-Khas was replaced by Mahendraj Sabha consisted of 17 members and one of these members functioned as its Secretary.

2.21.94 In the beginning of the present century, Naib-Hakim was the lower judicial Court in the State. There were 35 Naib-Hakims in the State to assist Hakims who exercised both judicial and executive powers in the districts. There were 17 Hakims in the State. These Courts had powers to impose imprisonment upto one year and fine upto Rs.500/- in civil matters, they could hear suits upto the value of Rs.5,000/-. Appeals against their decisions could be made to the Civil and Criminal Courts at Udaipur. There was Mahendraj Sabha or Judicial Council consisting of 8 members and the Ruler was its President. It was called Ijlas-mamuli, if attended by members only. Ijlas-mamuli had powers to inflict sentence of imprisonment upto 7 years and fine upto Rs.5,000/- and 2 dozen stripes in criminal cases. On the civil side, it had jurisdiction to decide suits upto the value of Rs.15,000/-. However, all the decisions of this Court would be enforceable only after confirmation by Maharana. This Court, when presided over by Maharana in person was called as Ijlas-Kamil. It exercised full criminal and civil powers, both in civil and appellate cases.

2.21.95 In 1937, Chief Court replaced Judicial council.

2.21.96 In 1940, High Court consisting of Chief Justice and four Judges was constituted under Letters Patent, replacing the Chief Court.

2.21.97 On the civil side, Courts of the District Munsiffs were established at Bhilwara and Jahazpur. However, the Hakims and Naib-Hakims continued to exercise jurisdiction already conferred upon them. Appeals against the decisions of District Munsiffs would lie to the District Judge.

2.21.98 On the criminal side, the Collector was invested with powers of a First Class Magistrate. He was the appellate authority against the decisions of the Second and Third class Magistrates. Appeals against the decisions of the Collector would lie to the District and Sessions Judge at Bhilwara.

2.21.99 According to Kaulnamah entered into between Jagirdars and the Ruler, the 1st class nobles were invested with wide criminal and civil jurisdiction to exercise judicial powers in both civil and criminal matters in Jagir areas. Appeals against their decisions would lie to the District & Sessions Judge.

2.21.100 In 1942, these nobles were directed to recruit qualified judicial officers on fixed pay and proper service protection.

2.21.101 The aforesaid judicial set up continued till 1948.

2.21.102 Judicial Administration in Shahpura Chiefship which was merged with Bhilwara District after formation of Rajasthan State was well organised. Mahakma-Khas was the final Court of Appeal. It was presided over by the Ruler who was assisted by Kamdar, the Chief Executive Officer of the Chiefship. The said Court was empowered to hear both criminal and civil appeals against the orders and decrees passed by the criminal and civil courts in the chiefship. It was the final Court of Appeal in respect of revenue disputes.

 

2.21.103 Below Mahakma-Khas, there were two subordinate Courts, viz., (1) Judicial Assistant's Court and (2) Criminal Court. Judicial Assistant's Court was presided over by a Judge who exercised the powers of the Court of Session. Criminal Court was presided over by a Magistrate who was empowered to impose a sentence upto three years imprisonment and fine upto Rs.500/-. Below the Judicial Assistant's Court, there were Civil Court, Tahsildars' Courts and Honorary Magistrates' Courts.

2.21.104 In 1939-40, the Judicial Assistant's Court was abolished and in its place, the Court of the District Judge was established. It was the Court of appeal and revision against the judgements and orders of the Civil Judge. The Court of the Civil Judge had jurisdiction to decide suits upto the value of Rs.3,000/-. Below the Court of Civil Judge, there was the Court of Small Causes with powers to decide suits of the value upto Rs.50/-.

2.21.105 In 1940, High Court of Judicature presided over by Chief Justice was established. It was the highest Court of appeal in the Chiefship. However, the decisions of the High Court would lie in appeal to Mahakma-Khas comprised of the Ruler, Prime Minister and the Prince Regent.

2.21.106 Separation of Judiciary from the Executive was given effect to under the Reorganisation of 1940. Civil and Criminal powers of the Tahsildars were withdrawn. One Court of the Sessions Judge and another Court of the District Magistrate were established.

2.21.107 The aforesaid judicial set up continued upto the integration of the Chiefship in Rajasthan State in 1948.

 

 

 

JAISALMER STATE :

2.21.108 In Jaisalmer State, the lowest Courts were those of Hakims. There were 16 Courts of Hakims in 16 Hukmats. 14 of them were empowered to punish offenders with imprisonment upto 15 days and fine not exceeding Rs.50/-. The remaining two Hakims and the City Kotwal were empowered to pass a sentence of imprisonment for one month. The Courts of Hakims had jurisdiction to dispose of civil suits. Most of the petty civil suits were decided by Panchayats of three or more members appointed by the parties concerned. If the parties could not agree to the decision of the Panchayat, they could approach Sultani Panchayat appointed by Hakim or Kothwal, as the case may be.

2.21.109 Appeals against the orders of Hakims and Kotwal would lie to Sadar Criminal Adalat. This Court was invested with powers to try criminal cases and to inflict sentence of imprisonment upto one year and fine upto Rs.300/-. In Civil cases appeals against the decisions of the Hakims and Sultani Panchayat would lie to the Sadar Civil Adalat. This Court had unlimited pecuniary jurisdiction to decide suits. Decrees passed by this Court for a sum exceeding Rs.5,000/- were subject to confirmation by the Resident. Here again, many of the suits were decided by Arbitrators chosen by the parties. Dewan could hear appeals against the orders of the Sadar Criminal and Civil Adalats. He had original jurisdiction to decide suits which could not be decided by the Sadar Criminal and Civil Adalats. Dewan had powers to pass sentence of imprisonment upto two years and impose fine of Rs.500/-. Sentences of imprisonment exceeding two years and sentences in cases of homicide and dacoity were subject to confirmation by the Resident. Court of the Resident was the highest court in the State.

NAGAUR STATE :

2.21.110 There was no organised judicial set up at Nagaur till 1873. Then the Ruler sought to improve the situation by (1) suppressing crime with the aid of a strong police force; (2) establishing a powerful board of control called Mahakma Musahibat (later styled as Mahakma-Khas); (3) strengthening and reforming the administration of justice by creating new Courts and introducing statutory law; and (4) harnessing the powers of the leading nobles to harmonise with those of the State Law Courts, which were properly defined and classified into three grades.

2.21.111 With a view to command obedience of Jagirdars to the decrees of the State, a strong Tribunal by name Court of Sardars was established in 1882.

2.21.112 Two Munsiffs Courts were created in 1884 and 1886 to dispose of large number of suits. A number of Superintendents Courts were established at the Headquarters of some circles or groups of Districts. These Courts disposed of all cases near the spot and also exercised control and supervision over the work of the Hakims.

2.21.113 During 1885-86, Civil Procedure Code, Limitation Act, Evidence Act, the Stamp Act and Criminal Procedure Code were enacted.

2.21.114 By 1905, a well-defined judicial system had emerged in the State. There were three types of Courts namely, (i) those deriving their authority from the Ruler or the State Courts; (ii) those established by the Governor-General-in-Council; and (iii) Other Courts or inter-statal Courts.

2.21.115 Nine Hawala Courts, 23 Hukumat Courts, Jodhpur Kotwali, the Munsifi, the Courts of the 2 Superintendents of Circles, the Civil Court (Sadar Diwani), the Criminal Court (Sadar Faujdari), the Appellate Court, the Court of Sardars and the Mahakma-Khas belonged to the first group.

2.21.116 Eight Hawala Courts presided over by the darogas, decided civil suits of the value not exceeding Rs.100/-. The ninth Hawala Court was located at the capital. It was known as the Court of the Superintendent. He disposed of appeals against the decisions of the darogas.

 

2.21.117 The Hukumat Courts presided over by Hakims disposed of civil suits not exceeding Rs.500/- or with the permission of the Civil Court, upto the value of Rs.1,000/-. In criminal cases, the Hukumat Court was empowered to pass a sentence of imprisonment upto 4 months and fine upto Rs.200/- and order whipping not exceeding 6 stripes. Appeals from the decisions of the Hakims' Courts and also the Superintendent's Court would lie to the Civil Court, i.e., Sadar Diwani Adalat at the capital. That Court had also original jurisdiction not exceeding Rs.5,000/- or by order of the Appellate Court not exceeding Rs.10,000/-.

2.21.118 The Criminal Court, i.e., Sadar Faujdari Adalat considered of two Tribunals, one presided over by a Magistrate and another presided over by an Assistant Magistrate. The former exercised both appellate and original jurisdiction. He decided appeals from the decisions of (i) Hakims; (ii) Kotwal; (iii) two Superintendents; and (iv) Assistant Magistrates. On the original side, he could pass a sentence of imprisonment not exceeding 2 years and fine upto Rs.1,000/-. The Assistant Magistrate tried criminal cases punishable with imprisonment not exceeding 6 months and fine upto Rs.100/-.

2.21.119 The Appellate Court heard appeals from the decisions of the Civil and Criminal Courts, decided original suits exceeding Rs.5,000/- in value and all adoption cases in which Rajput Jagirdar was not involved and could pass sentence of imprisonment for 10 years and fine upto Rs.5,000/-.

2.21.120 The Court of Sardars exercised both original and appellate jurisdiction in all civil cases in which Rajput Jagirdars were parties. It consisted of two Tribunals, one under the Superintendent and the other under an Assistant Superintendent. The Assistant Superintendent disposed of insolvency proceedings and also decided suits not exceeding Rs.2,000/- in value as well as Miscellaneous Cases. The Superintendent heard appeals against orders of his Assistant and took up all cases beyond his jurisdiction. However, a Thakur nominated by Mahakma-Khas would associate with him as joint judge while deciding land disputes or adoption suits in which Tazimi Sardar was a party.

2.21.121 The Mahakma-Khas exercised full powers of Superintendence and control over all the Subordinate Courts. It was the highest Judicial Tribunal in the State exercising appellate or revisional jurisdiction against the decisions of the Court of Sardars, the Superintendent of Western Districts and the various Jagirdars' Courts. It was practically the final court of Appeal on both civil and criminal matters. However, capital sentences and orders in important cases in which the Jagirdars were involved required the confirmation of the Ruler.

2.21.122 Jagirdars' Courts were divided into three grades, namely, (i) those authorised to try civil suits not exceeding Rs.1,000/- in value and to pass a sentence of imprisonment for 6 months and fine of Rs.300/-; (ii) those exercising exactly half of these powers; and (iii) those which could decide suits of the value not exceeding Rs.300/- and inflict sentence of imprisonment for one month and fine upto Rs.100/-. Appeals against the decisions of the Jagirdars' Courts would lie to Mahakma-Khas.

2.21.123 The British Courts exercised civil and criminal powers over certain specified areas, viz., Railway line, Sambhar, Didwana, Kuchaman and Pachpadra Salt resources, etc.

2.21.124 In 1912, the Chief Court was established with all the judicial powers of the Mahakma-Khas. The said Court had original jurisdiction to decide suits of the value exceeding Rs.10,000/-.

2.21.125 In 1924, the District and Sessions Court replaced the Court of the Faujdari, the Civil Courts and the Courts of Sardars. Courts of Naib-Hakims were created for the first time.

 

 

RAJASTHAN CIVIL COURTS ORDINANCE :

2.21.126 After integration of all the princely States, the State of Rajasthan came into being. Under the First Schedule to the Constitution, it was part 'B' State and the Ordinance to consolidate and amend the law relating to Civil Courts in the State was promulgated on 24th January 1950. Under the said Ordinance, the following classes of subordinate civil courts in the State of Rajasthan were created:

1. Court of the District Judge,

2. Court of the Civil Judge,

3. Court of the Munsiff.

District Court and the Courts subordinate thereto are under the administrative control of the High Court at Jodhpur.

PRESENT SET UP OF JUDICIAL STRUCTURE :

2.21.127 There are two categories in the Judicial Service, i.e. Higher Judicial Service, which is governed by the Rajasthan Higher Judicial Service Rules, 1969 and the State Judicial Service, which is governed by the Rajasthan Judicial Service Rules, 1955.

2.21.128 The Higher Judicial Service consists of District Judges (both selection scale and ordinary scale) and Addl. District Judges.

2.21.129 The State Judicial Service consists of two categories, namely, (i) Civil Judge /Additional Civil Judge (Senior Division) cum Chief Judicial Magistrate /Additional Chief Judicial Magistrate and (ii) Civil Judge /Additional Civil Judge (Junior Division) and Judicial Magistrate.

2.21.130 There are four scales of pay for Rajasthan Judicial Service Officers, namely, ordinary, senior, selection and super time. The promotion from the post of ordinary scale to senior scale is made 100% on the basis of seniority, from senior scale to selection scale 50% on the basis of merit and 50% on the basis of seniority cum merit and from selection scale to super time scale, 100% on the basis of merit.

2.21.131 Promotion from the post of Civil Judge/Addl. Civil Judge (Junior Division) to the post of Civil Judge/Addl. Civil Judge (Senior Division)-cum-Chief Judicial Magistrate/Addl. Chief Judicial Magistrate is made on the basis of seniority cum merit.

2.21.132 The recruitment to the lowest cadre of Civil Judge (Junior Division) cum Judicial Magistrate is made on the basis of competitive examination held by the Public Service Commission. Later on, promotion/scale is granted as indicated above.

2.21.133 The cadre strength of RJS as per the revised schedule together with the pay scale is as follows:-

Pay Scale No. of Posts

1. Ordinary Rs.2200-4000 (old) 345

Rs.8000-13500 (new)

2. Senior Rs.3000-4500 (old) 115

Rs.10000-15200 (new)

3. Selection Rs.3700-5000 (old) 92

Rs.12000-16500 (new)

4. Super time Rs.4500-5700 (old) 23

Rs.14300-18300 (new)

2.21.134 The total number of courts of each category as on today are as follows:-

At present, there are 307 courts of Civil Judge/Additional Civil Judge (Junior Division)-cum-Judicial Magistrate, 154 Courts of Civil Judge (Senior Division)-cum-Addl. Chief Judicial Magistrate, and 32 Courts of Civil Judge (Senior Division)-cum-Chief Judicial Magistrate.

2.21.135 As per the present pay structure, each category of officer is entitled to get two scales, namely, the Civil Judge (Junior Division) gets ordinary as well as senior scale; the Civil Judge (Senior Division)-cum-Additional Chief Judicial Magistrate gets senior as well as selection scale and the Civil Judge (Senior Division)-cum-Chief Judicial Magistrate gets selection as well as super time scale.

2.21.136 In Higher Judicial Service recruitment is made by direct recruitment as well as by promotion from amongst the officers of RJS in the ratio of 1:3. However, there is a rider that the number of direct recruitees will not exceed one third of the total cadre strength at any given point of time. As per the revised schedule, the total cadre strength of RHJS is 150, out of which, 44 posts belong to selection scale. However, in view of some judicial pronouncement, the cadre strength has been taken to be 234.

2.21.137 The total number of courts and Tribunals of District Judges/Addl. District Judges / Special Judges as on today is 171.

2.21.138 The ordinary pay scale of RHJS officers is Rs.5100-6300 (old) and Rs.16400-20000 (new). The selection scale is Rs.5900-6700 (old) and Rs.18400-22400 (new).

2.21.139 As on today 236 officers are working in Rajasthan Higher Judicial Service.

JURISDICTION :

2.21.140 Rajasthan Civil Courts Ordinance, 1950 regulates the jurisdiction of the respective subordinate Courts.

2.21.141 Court of the Civil Judge (Junior Division) shall have pecuniary jurisdiction to hear and determine any suit or original proceedings, the value of which does not exceed Rs.25,000/-.

2.21.142 Court of the Civil Judge (Senior Division) has pecuniary jurisdiction to hear and determine any suit or original proceeding of the value not exceeding Rs.50,000/-.

2.21.143 District Court has unlimited jurisdiction to hear and determine all suits or original proceedings cognizable by civil courts. District Judge has also appellate jurisdiction from the decrees or orders of the Civil Judge (Junior Division). Appeal from the decree or order of the Civil Judge (Senior Division) would also lie to the District Judge.

TERRITORIAL JURISDICTION :

2.21.144 The State Government may by notification in the official gazette fix and alter the local limits of the jurisdiction of any civil court from time to time.

2.21.145 The pecuniary jurisdiction of the civil courts in Rajasthan is as follows:-

1. Civil Judge / Additional Civil : Suits of the value upto Rs.25,000/-.

Judge (Junior Division)

2. Civil Judge / Additional Civil : Suits of the value exceeding

Judge (Senior Division) Rs.25,000/- & upto Rs.50,000/-.

3. District Judge / Additional : Suits of the value exceeding

District Judge Rs.50,000/- upto any limit.

* * * * *

 

2.22 SIKKIM

2.22.1 On 26-4-1975 Sikkim joined the Indian Union as the 22nd State. Until the merger, the Chogyal, the Maharaja of Sikkim, was the fountain-head of justice.

2.22.2 The administration of justice was carried out by authorities like Jongpons (District Officer), feudal landlords, Pipons (Head man), Mandals etc. In Lachen and Lachung in North Sikkim, the authorities like Gyen-me, the body of the elders formed by the elected Pipons had jurisdiction to decide all matters civil and criminal except murder cases. Both the Judges and the parties used to take oath - Dhang-na (Dhang means honest and na means oath) by Judges and Gnen-na (Gnen means to abide and na means oath) by parties in disputes.

2.22.3 When Sikkim was brought under the superintendence of the British Political Officer, the entire State was divided into several estates for the purpose of revenue and judicial administration. Each estate was put under the control of a Lessee-landlord who was vested with some judicial powers.

2.22.4 In 1909 as per the State council resolution Kazis, Thikadars and Lamas were vested with power to decide civil suits with limited pecuniary jurisdictions. First class Kazis, Thikadars and Lamas got jurisdiction for adjudicating money suits upto the value of Rs.500/-; second class upto the value of Rs.300/-; third class upto the value of Rs.200/- and fourth class upto the value of Rs.100/-.

2.22.5 The courts of the landlords were called the Adda Courts which had jurisdiction to decide some civil and criminal cases. First Class Adda courts exercised criminal powers to impose punishment upto one month's imprisonment and fine upto Rs.100/-. On the civil side, they could decide suits upto the value of Rs.500/-. Second Class Adda Courts were invested with powers to inflict punishment of fine only upto Rs. 50/-. They had jurisdiction to decide suits upto the value of Rs.300/-. Third Class Adda Courts could impose fine upto Rs.25/- in criminal cases and decide suits upto the value of Rs.200/-. Fourth Class Adda Courts could impose punishment of fine upto Rs.15/- only on the criminal side and could decide suits upto the value of Rs.100/-.

2.22.6 In 1916 a modern type of Court designated as Chief Court was created with jurisdiction to try important original cases and also to hear appeals against the decisions of Landlords Courts. The Chief Court exercised supervisory and appellate jurisdiction over the Adda Courts. On the original side, it decided cases which were beyond the jurisdiction of the Adda Courts or litigations between the residents of different estates. On the appellate side, it heard appeals and references from the decisions of the Adda Courts. The Chief Court was also invested with jurisdiction to decide revenue suits.

2.22.7 The Chief Court was not the final court of justice in Sikkim. The appeal against the decisions of the Chief Court would lie to the Supreme Court of His Highness, the Maharaja. The Court of the Maharaja was the final court of appeal in the State. It had no original jurisdiction. A board, on the lines of the Judicial Committee of the Privy Council in England, would hear the parties and scrutinise the evidence regarding merit of the case and then tender its opinion to the Maharaja.

2.22.8 The Political Officer also exercised Judicial powers side by side with the Darbar Court. The British subjects were not amenable to the jurisdiction of the Darbar Courts in the trial of criminal cases. They were required to approach the Court of the Political Officer in the first instance. However, the Political Officer could waive his right of trial in favour of the Darbar Court. In civil litigation, if the plaintiff happened to be a British subject, he had a choice to select the forum between the Darbar Court and the Court of the Political Officer. The Political Officer exercised the powers of the District Magistrate and District and Sessions Judge. No appeal would lie against his orders except in certain classes of crimes.

 

 

2.22.9 In 1949, Mr. J.S. Lall took over the administration of Sikkim as Dewan. A Judicial Proposal Committee was set up under the Chairmanship of Mr. H. Pradhan. On the recommendation of the Committee, the Judicial powers conferred on the landlords were abolished. Sikkim was divided into four revenue districts. Magistrates were appointed in each district with original and appellate jurisdiction on the criminal and civil sides. The Court of the Assistant Magistrate and the Court of the Tahsildars were created. In the lowest rung, a few Honorary Courts of the Magistrates were created to dispose of petty criminal and civil cases. These Honorary Courts were established at suitable places in the locality for the convenience of the public. Above the district level courts, there was a Court of the Chief Magistrate. The Chief Magistrate had both original and appellate jurisdiction on civil and criminal sides. He had unlimited powers.

2.22.10 In 1955, the Maharaja issued High Court of Judicature (Jurisdiction and Powers) Proclamation for the establishment of a High Court of Sikkim and thereby established a High Court in Sikkim. The Judges of the High Court were to hold office for such period as provided in the terms of their appointment by the Maharaja. The High Court was the final court in all judicial matters, civil or criminal subject to the exercise of prerogative by the Maharaja to grant mercy, pardon, remission, commutation and reduction of sentence in case of conviction. All Courts and Tribunals in Sikkim were subordinate to the High Court. Appeals or Revisions against the decisions of all Courts and Tribunals would lie to the High Court. The High Court dispensed justice according to the Laws and Usages prevalent in Sikkim.

2.22.11 The Maharaja had also retained his prerogative to set up a Special Tribunal for the review of any case, civil or criminal. The proclamation provided that the President of such Tribunal should be from amongst the Judges of the High Court.

 

2.22.12 The Tahsildars and Assistant Magistrates were later designated as District Magistrates and Deputy District Magistrates. They exercised powers both on criminal and civil sides. Since the Judiciary was not separated from the executive, the Magistrates exercised both Judicial and Executive Powers.

2.22.13 In 1955, the Council Members felt that the insufficiency of local laws were detrimental to the security of life and property of the Sikkimese people. They also demanded the enactment of Sikkim's own laws and reorientation of Judiciary to impart justice in a manner befitting the conditions of the Sikkimese people. A Deputy Magistrate was appointed in the Eastern Circle with powers of the Magistrate of the Second Class. He had jurisdiction to decide Civil Suits upto the value of Rs.2,000/-. He was also conferred with powers to record statements and confessions made during the investigation of criminal cases by the police. A Deputy Magistrate was appointed in the West Tahsil with the powers of the Magistrate of the First Class. He had jurisdiction to decide Civil Suits upto the value of Rs.5,000/-.

2.22.14 In 1963, an attempt was made to separate the Judiciary from the Executive by creating the post of Munsiff-Magistrate with purely Judicial functions. The Chief Magistrate was invested with powers to dispose of all appeals from the decisions of the Courts of all Magistrates in Sikkim in respect of both Civil and Criminal cases. All the cases triable by a Court of Session or Magistrate of the First Class were to be filed before the Chief Magistrate's Court for trial and disposal. Other cases triable by the Magistrates were to be filed in the respective Courts of the Magistrates.

2.22.15 In 1970, one separate Munsiff-Magistrate was appointed for South & West Districts with headquarter at Gyalshing (West Sikkim) and with his appointment District Officers / District Magistrates were divested of the powers to try Civil Suits. This was the first step towards separation of Judiciary from the Executive.

2.22.16 After the tripartite agreement of 8th May, 1973 between the Chogyal, the Foreign Secretary, Government of India and the representatives of three political parties of Sikkim, was entered into, certain changes in the Judicial structure were made. The lowest Court of law at the District level was designated as District Court and the Presiding Officer was designated as Assistant District Judge or District Judge according to seniority in status. The post of Munsiff-Magistrate was abolished. The Court of the Chief Magistrate was designated as the Central Court of Sikkim and the Presiding Officer was designated as the Judge of the Central Court. The High Court of Judicature in Sikkim remained as the High Court presided over by the Chief Justice of Sikkim. The Government of Sikkim Act, 1974 provided that the Judges should be independent in the exercise of their Judicial functions, subject only to the said Act and the Laws.

2.22.17 Before Sikkim became the 22nd State of India, the Courts were dispensing substantive justice based on the principles of equity and good conscience which were largely according to the principles prevailing in India and customs prevalent in Sikkim. The technicalities of procedure and law of evidence were not allowed to defeat. The purpose of justice and law of limitation was not rigid but elastic.

2.22.18 The Constitution (thirtysixth Amendment) Act, 1975 made special provisions for Sikkim on its merger with the Indian Union. Upon merger, Sikkim became the 22nd State of India. Article 371F(i) of the Constitution of India provides that the High Court then functioning as such would be deemed to be the High Court for the State of Sikkim. Article 371F(j) provides that all Courts of Civil, Criminal and Revenue Jurisdiction, all authorities and all Officers, Judicial, Executive and Ministerial, throughout Sikkim would continue to exercise their respective powers subject to the provisions of the Constitution. Article 371F(k) provides that all laws in force immediately before the appointed day in Sikkim shall continue to be in force therein until amended or repealed by a competent legislature or other competent authority. In exercise of the power conferred by Clause (l) of Article 371F of the Constitution, the President, vide Adaptation of Sikkim Laws (No.1), Order, 1975, modified suitably the High Court of Judicature (Jurisdictions and Powers) Proclamation of 1955.

2.22.19 Subject to the provisions of the Constitution of India, the High Court is the final authority in all Judicial matters, Civil or Criminal. Under clause (i) of Article 371F the High Court functioning immediately prior to the date of merger became the High Court for the State of Sikkim under the Constitution like any other High Court in the Country.

2.22.20 In 1975, the District Officers were designated as District Magistrates with powers as provided in the Criminal Procedure Code of 1898.

2.22.21 In 1978, Sikkim Civil Courts Act was passed with a view to consolidate the laws relating to the Constitution of Civil Courts subordinate to the High Court and other relevant matters.

2.22.22 The subordinate judiciary consists of District & Sessions Judges, Chief Judicial Magistrates, Civil Judges and Judicial Magistrates. District Judges are members of the Sikkim Superior Judicial Service and the Chief Judicial Magistrates, Civil Judges and Judicial Magistrates are the members of the Sikkim Judicial Service.

2.22.23The pecuniary jurisdiction of Civil Judges is upto Rs.50,000/- and that of the District Judge is unlimited.

2.22.24 An appeal from a decree or order of the District Judge lies to the High Court.

 

 

 

PRESENT SET UP OF JUDICIAL STRUCTURE IN THE STATE :

2.22.25 At present, there are two cadres in the State Judiciary, viz.,

(i) Sikkim Superior Judicial Service and

(ii) Sikkim Judicial Service.

Sikkim Superior Judicial Service consists of :

1) Secretary, Law-cum-Legal Remembrancer 1 (one)

2) District and Sessions Judge (E & N) 1 (one)

3) District and Sessions Judge (S & W) 1 (one)

4) Registrar General 1 (one)

5) Registrar 1 (one)

6) Joint Secretary-cum-Joint Legal Remembrancer 1 (one)

Sikkim Judicial Service consists of :

1) Chief Judicial Magistrates 2 (two)

2) Civil Judges-cum-Judicial Magistrates 4 (four)

2.22.26 The Sikkim Judicial Service Rules governs the initial recruitment of Civil Judges-cum-Judicial Magistrates, conditions of service and promotion to the cadre of Chief Judicial Magistrates.

2.22.27 The initial recruitment to the cadre of Civil Judges-cum-Judicial Magistrates is done by the selection committee consisting of (i) Chief Justice or Puisne Judge of Sikkim High Court nominated by the Chief Justice; and (ii) Chief Secretary, Government of Sikkim from amongst the candidates who have put in three years of practice at the Bar as advocates on the basis of interview. After appointment, the selected candidates will have to undergo initial training at any place within or outside Sikkim. The nature, duration and place of such training shall be as determined by the High Court. Thereafter, he/she will be on probation for a period of two years.

2.22.28 There are four posts of Civil Judge-cum-Judicial Magistrates in the cadre in the pay scale of Rs.7000-225-11500. On satisfactory completion of five years of service, the Civil Judge-cum-Judicial Magistrate would be entitled to the Senior Scale of Rs.9000-300-13800. After ten years of service, he will be placed in the Selection Grade in the scale of Rs.11000-350-16250.

2.22.29 After completion of three years of service, a Civil Judge-cum-Judicial Magistrate would be eligible for promotion to the higher cadre of Chief Judicial Magistrate in the pay scale of Rs.11000-350-16250. There are two such promotional posts of Chief Judicial Magistrates.

SIKKIM SUPERIOR JUDICIAL SERVICE RULES, 1980 :

2.22.30 The Rules regulate the appointment to the Superior Judicial Service by direct recruitment and also by promotion. 33 per cent of the posts are filled up by direct recruitment from amongst the members of the bar with seven years practice and the remaining 67 per cent of the posts are filled up by promotion from Sikkim Judicial Service.

2.22.31 At present, there are 6 posts in the cadre carrying the pay scale of Rs.10650-325-15850. One post of selection grade in the pay scale of Rs.15100-400-18300 is available for promotion to eligible members of the service on completion of 9 years of service in the cadre. Further, one post is available in the super time scale of Rs.18400-500-22400 to an eligible member on completion of 6 years of service in the selection grade subject to availability of vacancy.

2.22.32 Direct recruits to the service will be on probation for a period of two years and promoted officers, if appointed against permanent posts, will be on probation for a period of one year.

* * * * *

 

2.23 TAMIL NADU

A HISTORICAL ACCOUNT OF THE COURTS OF MADRAS :

2.23.1 Madras Patnam, the present site of Fort St. George, was a grant made by the Hindu Raja of Chandragiri called Chinnappa Naickar for the East India Company.

2.23.2 The history of the courts of Law in Madras falls into three distinct periods. The first period runs from 1600 to 1800; the second period is from 1801 to 1862; the third period synchronizes with the history of the present High Court.

2.23.3 The Charters dated 31st December, 1600, 31st May 1609 and 4th February, 1622 granted powers to the East India Company to Chastise and correct all English persons committing any misdemeanour in the East Indias. As a result, the Choultry Court was formed from 1622 onwards.

2.23.4 The Choultry Courts tried petty cases, Civil or Criminal. They remitted important cases, where English Subjects were involved, to England, while they persuaded the local Naik to deal with cases in which Indians were the parties. To meet the insufficiency of the Choultry Court, Streynsham Master in March, 1678, established the First Court of Judicature in Madras. Causes were decided according to the Laws of England. After 1678, the Justices of the Choultry, act as the Court of Execution, because Constables were attached to the Choultry Court. The jurisdiction of the Choultry Court was fixed at fifty Pagodas. The Presidency Officer of the old Choultry Court was called as the Chief Justice of the Choultry.

2.23.5 The Charter dated 9th August, 1683, granted by Charles II emphasized the qualifications of the persons to preside in Court. On 22nd July, 1687, the First legally qualified person, Sir John Biggs, entered upon his duties as Judge-Advocate.

 

2.23.6 In 1687, East India Company issued a Charter dated 30th December, 1687, to the Mayor, Aldermen and Burgesses of Madras, by which they constituted the Town of Fort St. George and all the territories thereunto belonging, not exceeding the distance of ten miles from Fort St. George, to be a Corporation, by the name of Mayor, Aldermen and Burgesses of the Town of Fort St. George and city of Madras Patnam. The Charter constituted the Mayor and Aldermen into a Court of Record. Appeal against the Order of the Mayor’s Court lie to the court of Admiralty where the value of the subject matter was about 3 pagodas. In terms of the Charter, the Mayor’s Court was duly constituted in Madras in 1688. Appeals were allowed to be preferred from the Mayor’s Court to the Governor and Council within 14 days of the Judgment where the subject matter of the litigation did not exceed one thousand pagodas. But, where the value of the suit exceed one thousand pagodas, a further appeal lay from the decision of the Governor and Council to the King in Council.

2.23.7 After removing the Old Mayors Court, New Mayors Court, Madras was established in 1726. To curtail appeals in Small Causes, a New Court of Small Causes called the "Sheriff’s Court" was created. The Court of Directors was vested with the powers of the Sheriff’s Court and so, on 21st July, 1729 the Sheriff’s Court was abolished. In 1763, the Mayor’s Courts were re-established under the revised Letters Patent.

2.23.8 Thereafter, the Court of Requests was established to deal with Suits for the recovery of Small Debts. On 1st November, 1798, the Court of the Recorder of Madras was established. The Recorder was required to be a Barrister of England or Ireland, with not less than 5 years standing. The Recorders’ Court was opened on 3rd November, 1798. At that time, about a dozen persons were admitted and enrolled as Advocates and Attorneys of the Court. Each of them was also sworn on as a Notary Public from the moment of their enrolment till the Supreme Court of Madras was established. The 12 Advocates and Attorneys of the Court constituted the Bar of Madras.

 

2.23.9 On 26th December, 1800 the Letters Patent establishing a Supreme Court of Judicature at Fort St. George, was issued. The new Supreme Court was to be a Court of record. It was invested with a Jurisdiction similar to the Jurisdiction of the Kings Bench in England. From 1801 to 1862, Courts of two distinct descriptions existed in the Presidency of Madras, i.e. (1) the Courts established under and by the statutes and charters of the Justice granted by Royal Authority and presided over by Judges appointed by the Monarch of England, and (2) the other Courts were established by the authority of, and presided over by Judges appointed by the East India Company and which were usually denominated as the "Sudder and Mofussil Courts, the Company’s Courts or the Courts for the provinces". In 1802, the new system was introduced through Regulations. As per the Regulations, Native Commissioners were appointed with power to try Suits not exceeding in value of Rs. 80/-. The Registrars of the Zilla Courts had jurisdiction to try suits, Original or on Appeal from the Native Commissioners when the property in dispute did not exceed Rs. 200/-. Above Rs. 200/-, an appeal lay to the Zilla Judge. The Provincial Courts try appeals from the Zilla Courts and Original Suits referred to them by the Sudder Adalat. The Sudder Adalat consisted of the Governor in Council.

2.23.10 The administration of Criminal Justice in the mofussil was administered through Magistrates and Assistant Magistrates. The Foujdari Adalat or the Chief Criminal Court, consisted of the Governor and Members of the council. In 1806, Zilla Courts were established in the Districts. In 1818, the Governor-General formally relinquished his right of hearing appeals from the Sudder Adalat at Madras. In 1820, by a statute, the Company’s Courts were vested with jurisdiction to hear "Suits brought by Natives against British Subjects residing, trading or holding immovable property in the interior". But, in 1836, the right of appeal to the Supreme Court from the Mofussil Court was taken away.

2.23.11 In 1843, the Provincial Courts of Appeal were abolished and new Zilla Courts were established with original jurisdiction of the value less than ten thousand rupees. Appeals from the new Zilla Courts would lie to the Sudder Adalat.

2.23.12 In 1820, the Zilla Magistrates were conferred with the jurisdiction to try British Subjects residing in the interior.

2.23.13 By the Act for the establishment of High Court of Judicature in India (24 and 25 Vict.C.104) passed on the 6th August, 1861, the Queen of England was empowered by Letters Patent to establish, a High Court of Judicature at Madras. In pursuance of this Act, Her Majesty Queen Victoria by Letters Patent dated 26th June, 1862 and published in the Fort. St. George Gazette of 19th August, 1862, established the High Court of Judicature at Madras. Consequently the Supreme Court of Madras, the Court of Sudder Adalat and Foujdari Adalat were abolished. The new High Court was opened on Friday, the 15th August, 1862.

2.23.14 The jurisdiction and powers of the High Court were required to be fixed by its Letters Patent. The High Court was also conferred with the powers of Superintendence over Subordinate Courts and to frame Rules. The High Court became the symbol of serenity, unity and power.

2.23.15 According to the Letters Patent, the High Court was vested with ordinary Original Civil Jurisdiction in respect of suits of every description, within the presidency town. Appeal from the Judgment of a single Judge would lie to a bench of the Judges. The High Court was also a Court of Appeal from all the decisions of Subordinate Civil Courts. The High Court was also vested with Jurisdiction to grant relief to the insolvents and in matrimonial matters, between Christian subjects of His Majesty and all the Admiralty, ecclesiastical, testamentary and intestate Jurisdiction of the Supreme Court. The High Court had original Jurisdiction also. The Original Criminal Jurisdiction of the High Court was in respect of all persons in and out of Madras.

2.23.16 The first Law Commission was constituted in 1834 which prepared the draft for codification of the penal law. It was followed by the Second Law Commission. The Code Civil Procedure, Indian Penal Code and Code of Criminal Procedure were enacted in 1859, 1860 and 1861, respectively.

2.23.17 In order to relieve the High Court at Madras of the pressure of work on the Original Side, City Civil Court was constituted under Madras City Civil Courts Act, 1892 (Act No. VII of 1892).

2.23.18 The Tamil Nadu Civil Courts Act, 1873 (Act No. III of 1874) came into force on the 1st Day of March 1873. Under the Tamil Nadu Civil Courts Act, the Zilla Courts, Principal Sadar Amins and District Munsiffs were designated as District Courts, Subordinate Judges Courts and District Munsiffs Courts, respectively.

2.23.19 In 1877, the Governor general of India in Council passed an Act No. IV to regulate the procedure and increase the Jurisdiction of the Courts of Magistrates in the Presidency Town. Under the said Act, the local Government with the sanction of the Governor General in Council could constitute divisions within the town of Madras and establish Presidency Magistrates Courts and appoint sufficient number of persons as Magistrates for Madras. Such Magistrates were called as Presidency Magistrates.

2.23.20 The Presidency Small Cause Courts Act, 1882 (Act No. XV of 1882) was passed to consolidate and assess the law relating to the Courts of Small Causes established in the Presidency Towns of Calcutta, Madras and Bombay. The said Act shall come into force on the First day of July, 1882. The Small Causes Courts at Madras comprised of a Chief Judge, and as many other Judges and the Registrar as the State Government thought fit.

 

2.23.21 The Criminal Courts in the District were re-organised under the Criminal Procedure Code and they continued till the enactment of the Government of India Act, 1915 Section 107 of the Government of India Act, 1915, contained a provision on the powers of the High Courts with respect to Subordinate Courts.

2.23.22 The Government of India Act, 1935, was enacted while Sir Owern Beasley was the Chief Justice of the Madras High Court. Under the Government of India Act, 1935, the powers to appoint and promote to the cadre of District Judges were conferred on the Governor of the Province in consultation with the High Court. The said Act of 1935 also contained a provision for the establishment of the Federal Court.

TAMIL NADU STATE JUDICIAL SERVICE :

2.23.23 At present, recruitment to the Subordinate Judiciary in Tamil Nadu is governed by the Provisions of Tamil Nadu State Judicial Service (Cadre and Recruitment) Rules 1995. Selection to the Cadre of Civil Judges (Junior Division) / Judicial Magistrate of First Class is made by the Tamil Nadu Public Service Commission from amongst the practicing Advocates or Pleaders, having practiced as Advocate or as a Pleader for a period of not less than four years and Assistant Public Prosecutors Grade-I or Grade-II who have put in not less than four years of service and appointment is made by Government. Every person so appointed to the post of Civil Judge (Junior Division) / Judicial Magistrate of First Class shall from the date on which he/she joins duty, be on probation for a period of two years on duty within a continuous period of three years inclusive of the training. The newly recruited Civil Judges (Junior Division) / Judicial Magistrates of First Class are also given training for 12 weeks in various departments connected with the Judiciary and 2 weeks training by the High Court. As per the revised pay scale their pay is fixed in the scale of Rs. 9100-275-14050. At present, 376 Civil Judges (Junior Division) / Judicial Magistrates out of 408 posts are functioning in the State of Tamil Nadu.

 

2.23.24 The next higher cadre in the Tamil Nadu State Judicial Service is the Civil Judge (Senior Division). As per the revised time scale, their pay is fixed in the scale of Rs. 12000-375-16500. Civil Judge (Senior Division) is a promotional post from the cadre of Civil Judge (Junior Division) / Judicial Magistrate of First Class. However, as a special case selection of Civil Judges (Senior Division) was made once by direct recruitment in the year 1988. At present, 119 Civil Judges (Senior Division) are working in the Tamil Nadu State Judicial Service including deputation posts, out of 122 posts.

2.23.25 The posts of District Judges / Additional District Judges/ Additional District Judge-cum- Chief Judicial Magistrates/ Chief Metropolitan Magistrates are filled up by direct recruitment from amongst the members of the Bar/ Pleader with seven years of practice and by Promotion from the cadre of Civil Judges (Senior Division) at the ratio of 1:5.

2.23.26 At present, there are 97 Officers functioning in the cadre of District Judges in the pay scale of Rs. 15000-400-18600 including deputation posts out of 107 posts.

2.23.27 Every person appointed to the category of District Judge / Addl. District Judge / Chief Judicial Magistrate, by direct recruitment shall undergo :-

(i) training as Civil Judge (Junior Division) / Judicial Magistrate of First Class for a period of not less than 6 months;

(ii) training as Civil Judges (Senior Division) for a period of not less than 6 months; and

(iii) training in Forensic Science for a period of not less than 2 months.

2.23.28 Further, they shall be on probation for a total period of 2 years on duty within a continuous period of three years. Order declaring the completion of probation shall be issued by the High Court.

 

2.23.29 The post of District Judge (Super Time scale) is purely promotional post from the cadre of District Judge/ Addl. District Judge/ Chief Judicial Magistrate, who should have five years of service in the said cadre. At present, there are 10 District Judges (Super Time Scale) functioning in the Tamil Nadu Judicial Service, out of 18 posts in the time scale of Rs. 16400-450-20000.

JURISDICTION :

2.23.30 The High Court shall fix and may from time to time modify, the local jurisdiction of District Munsiff. The pecuniary jurisdiction of the Court of the Civil Judge (Junior Division) in respect of Suits and Proceedings is fixed at Rs. 30,000/-. The Small Cause Jurisdiction of the Civil Judge (Junior Division) is Rs. 5,000/-. All the Civil Judges (Junior Division) also have the power to try Rent Control cases.

2.23.31 The State Government shall fix the local Jurisdiction of the District Court or Subordinate Judge’s Court from time to time under the Tamil Nadu Civil Courts Act, 1873. Appeals from the decrees or orders of Civil Judge (Junior Division) shall lie to the Subordinate Judge, Civil Judge (Senior Division). The Civil Judge (Senior Division) has unlimited pecuniary jurisdiction in respect of Original Suits. Civil Judge (Senior Division) has also Small Cause Jurisdiction up to Rs. 20,000/-.

2.23.32 Appeals from the decrees and orders of Subordinate Judges shall lie to the High Court when the amount or value of the subject matter of the Suit exceeds Rs. 3,00,000/-.

2.23.33 All the District Courts and the Courts in the cadre of Civil Judges (Senior Division) have been constituted as Motor Vehicle Accident Claims Tribunals. Civil Judges (Senior Division) have also been invested with Appellate powers to try Rent Control Appeals.

 

2.23.34 The Additional District Judge-cum-Chief Judicial Magistrates is the head of Criminal Unit in respect of Judicial Magistrates and Principal District Judge is the Head of the District Judiciary, both Civil and Criminal Courts in so far as, Civil Judges (Senior Division) and Civil Judges (Junior Division) are concerned.

JURISDICTION OF CITY CIVIL COURT :

2.23.35 The pecuniary jurisdiction of the City Civil Court is fixed at Rs. 10 lakhs in respect of all suits and other proceedings of civil nature arising within the City of Chennai with effect from 1-12-1995.

2.23.36 Suits above the value of Rs. 10 lakhs shall be filed in the High Court.

2.23.37 An appeal shall lie to the High Court from any decree or order appealable under the provisions of the Code of Civil Procedure, 1908, in any Suit or Proceeding where the amount or value of the Subject matter exceeds Rs. 3 lakhs. If the amount or value of the Subject matter is below Rs. 3 lakhs, then an appeal shall lie before the Principal Judge, City Civil Court, Chennai.

 

* * * * *

2.24 TRIPURA

2.24.1 Before the commencement of the Constitution, Tripura was a Chief Commissioner’s Province. By the first schedule of the Constitution, it was Part "C" State.

2.24.2 Under the North-Eastern Areas (Re-organisation) Act, 1971, Tripura became an independent State in the Indian Union.

2.24.3 Now, Tripura has independent judicial system under the High Court of Gauhati.

2.24.4 Tripura Judicial Service Rules, 1974 regulates the recruitment and conditions of service of the State Judiciary.

2.24.5 There are three grades in the Judicial Service, viz.,

i) Judicial Officer - Grade I

ii) Judicial Officer - Grade II, and

iii) Judicial Officer - Grade III.

2.24.6 Judicial Officer-Grade I consists of Legal Remembrancer / Registrar in High Court / District and Sessions Judges / Additional District and Sessions Judges / Chief Judicial Magistrates / Additional Chief Judicial Magistrates and one Leave Reserve Post.

2.24.7 Judicial Officer-Grade II consists of Deputy Legal Remembrancer / Deputy Registrar in High Court / Assistant Sessions Judges / Civil Judges (Senior Division) and two Leave Reserve Posts.

2.24.8 Judicial Officer-Grade III consists of Civil Judges (Junior Division) / Judicial Magistrates / Sub-Divisional Magistrates / Registrars in the Court of the District Judges and four Leave Reserve Posts.

2.24.9 The posts in Grade I and Grade II are Class I Gazetted and the posts in Grade III are Class II Gazetted.

2.24.10 The initial recruitment to the posts in Grade III is partly done by the Public Service Commission to fill up 50 per cent of the posts on the basis of competitive written examination and viva-voce from amongst the Law Graduates in the age group of 22 years and 35 years. The remaining 50 per cent of the posts is filled up by the High Court by selection from amongst the Advocates with three years standing at the Bar in the age group of 25 years and 40 years.

2.24.11 After appointment, an officer in Grade III will be on probation for a period of two years. During the period of probation, he is required to undergo such training and pass Departmental Examination as prescribed by the High Court.

2.24.12 The pay scale of the Judicial Officer in Grade III is Rs.2100-75-2250-80-2490-85-3000-90-3720-95-4100-100-5000. At present, there are 45 posts in Grade III.

2.24.13 After four years of service, a Judicial Officer in Grade III would be entitled to Selection Time Scale of pay of Rs.3000-90-3720-95-4100-100-5000.

2.24.14 Grade II posts are purely promotional posts from Grade III on merit-cum-seniority. There are 10 posts in that grade carrying a pay scale of Rs.3600-130-4900-150-5800.

2.24.15 Judicial officer-Grade I is a mixed cadre to be filled up partly by direct recruitment and partly by promotion. 25 per cent of the posts are filled up by direct recruitment from amongst the advocates with seven years standing at the Bar in the age group of 35 years and 45 years. The remaining 75 per cent of the posts are filled up by promotion from Grade II.

 

 

2.24.16 The scale of pay of the Judicial Officers in Grade I is Rs.4000-140-4700-150-5900. There are 18 posts in the cadre.

2.24.17 20 per cent of the posts are Selection Grade posts in the pay scale of Rs.5900-200-6700. However, the appointment to the post of Legal Remembrancer and Secretary, Law Department in Grade I, Deputy Legal Remembrancer and Deputy Secretary, Law Department in Grade II is made by the Governor on selection from the members of the service in Grade I and Grade II respectively in consultation with the High Court. The posts of the Registrar and Deputy Registrar are filled up by the Chief Justice.

2.24.18 At present, the High Court selects the officers for undergoing training in North Eastern Judicial Officers’ Training Institute at Gauhati.

2.24.19 The direct recruitment to the service shall be subject to the orders issued by the Government from time to time regarding representation for Scheduled Castes and Scheduled Tribes.

JURISDICTION :

2.24.20 Tripura (Courts) Order, 1950 as amended from time to time regulates the jurisdiction of the Civil Courts in Tripura.

Pecuniary Jurisdiction :

2.24.21 The Civil Judge (Junior Division) has pecuniary jurisdiction to decide original suits upto the value of Rs.7,000/-. The Civil Judge (Senior Division) has unlimited pecuniary jurisdiction to decide suits.

Territorial :

2.24.22 The Courts of the District Judges, Additional District and Sessions Judges, Civil Judges (Senior Division) and Assistant Sessions Judges and Chief Judicial Magistrates have jurisdiction in their respective districts.

2.24.23 The Courts of the Civil Judges (Junior Division) and Judicial Magistrates have jurisdiction in their respective sub-divisions.

Appellate powers :

2.24.24 An appeal from a decree or order of an Assistant District Judge would lie to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed Rs.50,000/- and to the High Court in any other case.

2.24.25 An appeal from a decree or order of a Civil Judge (Junior Division) would lie to the District Judge.

2.24.26 The High Court, may, with the previous sanction of the State Government, direct by notification in the official gazette, that any appeal lying to the District Judge under Sub-para (2) of Para 30 of Tripura Courts Order, 1950 as amended by the (Second) Amendment Act, 1992 from any of the decrees or orders of any Civil Judge (Junior Division) shall be preferred to the Court of such Assistant District Judge as may be mentioned in the notification and then such appeals shall thereupon be preferred accordingly.

 

* * * * *

 

2.25 UTTAR PRADESH

2.25.1 Under the First Schedule of the Constitution of India, the territories comprised in the province of United Provinces, before the commencement of the Constitution came to be known as the State of United Provinces.

2.25.2 Under the States Reorganisation Act, 1956, the State of United Provinces came to be known as "Uttar Pradesh".

2.25.3 By Clause (b) of Sub-section (i) of Section 3 of Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 certain territories were integrated into the State of Uttar Pradesh.

JUDICIARY IN ANCIENT INDIA

2.25.4 According to the "Artha-Shastra" of Kautilya, who is generally recognised as the Prime Minister of the First Maurya Emperor (322-298 B.C.), the realm was divided into administrative units called Sthaniya, Dronkamukha, Kharvatika and Sangrahana (the ancient equivalents of the modern districts, tehsils and parganas). Sthaniya was a fortress established in the centre of eight hundred villages, a Dronmukha in the midst of 400 villages, a Kharvatika in the midst of 200 villages and a Sangrahana in the centre of ten villages. Law courts were established in each Sangrahana, and also at the meeting places of districts (Janapada sandhishu). The Court consisted of three jurists (Dhramastha) and three ministers (Amatya).

2.25.5 This suggests the existence of circuit courts, for it is hardly likely that three ministers were permanently posted in each district of the realm.

2.25.6 The great jurists, Manu, Yajnavalkya, Katyayana, Brihaspati and others, and in later times commentators like Vachaspati Misra and others, described in detail the judicial system and legal procedure which prevailed in India from ancient times till the close of the Middle Ages.

Hierarchy of Courts in Ancient India :

2.25.7 According to "Brihaspati Smirti", there was a hierarchy of courts in Ancient India beginning with the family Courts and ending with the King. The lowest was the family arbitrator. The next higher court was that of the judge; the next of the Chief Justice who was called Prasdvivaka, or adhyaksha; and at the top was the King's Court.

2.25.8 The jurisdiction of each was determined by the importance of the dispute, the minor dispute being decided by the lowest court and the most important by the King. The decision of each higher Court superseded that of the Court below.

2.25.9 According to Vachaspati Misra, "The binding effect of the decisions of these tribunals, ending with that of the King, is in the ascending order, and each following decision shall prevail against the preceding one because of the higher degree of learning and knowledges".

2.25.10 It is noteworthy that the Indian judiciary today also consists of a hierarchy of courts organised on a similar principle - the village courts, the Munsiff, the Civil Judge, the District Judge, the High Court, and finally the Supreme Court which takes the place of the King's Court. We are following an ancient tradition without being conscious of it.

2.25.11 The institution of family judges is noteworthy. The unit of society was the joint family which might consist of four generations. Consequently, the number of the members of a joint family at any given time could be very large and it was necessary to settle their disputes with firmness combined with sympathy and tact. It was also desirable that disputes should be decided in the first instance by an Arbitrator within the family. Modern Japan has a somewhat similar system of family courts. The significance of the family court is that the judicial system had its roots in the social system which explains its success.

Administrative Courts :

2.25.12 An important feature of the judicial system of ancient India were the Special Courts of criminal jurisdiction called the Kantaka Sodhana Courts. The "Artha Shastra" says - "Three Commissioners (Pradeshtarah) or three ministers shall deal with measures to suppress disturbance to peace (Kantaka sodhanam kuryuh). According to the Artha Shastra these courts took cognizance not only of offences against the States but also violations of the law by officials in the discharge of their official duties. Thus if traders used false weights or sold adulterated goods, or charged excessive prices, if the labourer in the factory was given less than a fair wage or did not do his work properly, the Kantaka sodhana courts intervened to punish the culprits. Officers charged with misconduct, persons accused of theft, dacoity and sexual offences had to appear before the same Court. These Courts had all the characteristics of administrative courts. The existence of an Administrative Code is indicated in the Fourth Part of the Artha Shastra.

JUDICIAL SYSTEM IN MEDIEVAL INDIA

2.25.13 After the disintegration of the Harsha empire a veil of obscurity descends on the history of India which does not lift till the Muslim invasion. The country was divided once more into small kingdoms. But this did not result in any great change in the judicial system which had taken roots during the preceding thousands of years. The standards and ideals of justice were maintained in each kingdom, inspite of political divisions, the unity of civilisation was preserved, and the fundamental principles of law and procedure were applied throughout the country. This is indicated by the fact that the great commentaries on law like Mitakshara and Shukarneeti Sar were written during this period which enjoyed all India authority. But the establishment of the Muslim role in India opened a new chapter in our judicial history. The Muslim conquerors brought with them a new religion, a new civilisation, and a new social system. This could not but have a profound effect on the judicial system.

2.25.14 The ideal of justice under Islam was one of the highest in the Middle ages. The prophet himself set the standards. He said in the Quran :- "Justice is the balance of God upon earth in which things when weighed are not by a particle less or more. He is further reported to have said that to God, a moment spent in the dispensation of justice is better than the devotion of the man who keeps fast every day and says prayer every night for 60 years".

2.25.15 Thus the administration of justice was regarded by the Muslim Kings as religious duty.

2.25.16 This high tradition reached its zenith under the first four Caliphs. The first Qazi was appointed by the Caliph Umar who enunciated the principle that the law was supreme and that the judge must never be subservient to the ruler. It is reported of him that he had once a personal law suit against a Jewish subject and both of them appeared before the Qazi who on seeing the Caliph rose in his seat out of deference. Umar considered this to be such an unpardonable weaknesss on his part that he dismissed him from office. "The Muslim kings in India brought with them these high ideals. It is reported by Badaoni that during the reign of Sultan Muhammad Tughlaq the Qazi dismissed a libel suit filed by the King himself against Shaikhzada Jami, but no harm was done to him. (This however did not prevent the Sultan from executing the defendant without a trial). Individual Sultans had very high ideals of justice. According to Barani, Balban regarded justice as the keystone of sovereignty, wherein lay the strength of the sovereign to wipe out the oppression". But, unfortunately the administration of justice under the Sultans worked fitfully. The reason was that the outstanding feature of the entire Sultanate period was confusion and chaos. No Sultan felt secure for a long time. One dynasty was replaced by another within a comparatively short period and the manner of replacement was violent. Consequently the quality of justice depended very much on the personality of the sovereign.

2.25.17 Under the Moghal Empire the country had an efficient system of government, with the result that the system of justice took shape. The unit of judicial administration was the Qazi - an office which was borrowed from the Caliphate. Every provincial capital had its Qazi and at the head of the judicial administration was the Supreme Qazi of the empire (Qazi ulquzat). Moreover, every town and every village which large enough to be classed as a Qasba had its own Qazi. In theory, a Qazi had to be "a Muslim Scholar of blameless life, thoroughly Conversant with the prescriptions of the sacred law".

2.25.18 The Emperor was the fountain souce of justice. He held his court of justice every Wednesday and decided a few cases selected personally by him but he functioned not as an original court but as the court of highest appeal. There is overwhelming evidence that all the Emperors from Akbar to Aurangzeb took their judicial function seriously and discharged their duties. Jahangir made a great show of it and his Golden Chain had become famous in history.

2.25.19 After the death of Aurangzeb, the Mughal Empire collapsed within two generations. The provincial Governors and Faujdars arrogated to themselves the status of sovereigns and awarded punishment for criminal offences in their own names. A relic of this usurpation of the Emperor's power is the name Faujdari given to criminal trials even today.

2.25.20 After the conquest of Bengal by the British the process of replacement of the Mughal system of justice by the British began, but it took a long time. In fact, the Sadar Diwani Adalat continued to function till it was replaced by the High Courts.

2.25.21 The Mughal judicial system had left its imprint on the present system, and a good part of our legal terminology is borrowed from it. Our civil courts of first instance are called Munsiffs. The plaintiff and the defendant are termed Muddai and Muddaliya and score of other legal terms remind us of the great days of the Mughal Empire.

 

THE DEVELOPMENT OF THE JUDICIAL SYSTEM FROM THE TIME OF THE EAST INDIA COMPANY (1600-1857)

2.25.22 Parts of the territories, now comprised in the State of Uttar Pradesh were known as Regulation provinces, because they were administered by Regulations made by the Governor-General under the Charter Acts of British Parliament. The other parts, e.g., Oudh, were non-Regulation territories because they were administered not by Regulations but by the executive orders of the Governor-General. The Judicial system, therefore, originally differed, in its character, in the two parts. This accounts for the existence, formerly, of two judicial services in this State, one in Oudh and the other in the rest of the State, though they are now amalgamated.

2.25.23 Early in the Company's career, in 1618, Sir Thomas Roe, the ambassador of King James I, had, by treaty with the then Mughal Emperor, secured, for the Factory at Surat, the privilege, giving a power to the Company to decide disputes between the Europeans only. As already pointed out, the Tribunals established by the Company for the administration of justice between Europeans usurped jurisdiction to try cases between Indians settled within the fortifications also.

2.25.24 By the Charter of 1726 granted by George I, the Crown established Municipalities and Mayor's Courts at Madras, Bombay and Fort William, each consisting of a Mayor and nine Alderman, seven of whom, with the Mayor, were required to be natural-born British subjects. This was the first type of courts established by the British Crown. They were empowered to try, hear and determine all Civil suits, actions and pleas between the parties. By the same Charter, the Governor and Council of each of the three towns were constituted Government Court of Record, to which appeals from the decisions of the Mayor's Court might be made, in cases involving sums under 1,000 pagodas; a pagoda was then equal to about 8 shillings. The decision of the Government Court was final, but, if the sum involved was 1,000 pagodas or more, an appeal lay from the Government Court to the King-in-Council.

2.25.25 By the same Charter, the Governor and five of the Members of Council of each town were appointed Justices of the Peace and were constituted a criminal court with powers to try and punish all offences, except high treasons, with the aid of Grand and petty juries in the same manner as the Commissioners of Oyer and 'Terminer and Goal Delivery' did in England.

2.25.26 George I's Charter of 1726 was renewed by another Charter, granted to the Company in 1753 by George II, which continued the Mayor's Courts, with certain amendments intended to remedy defects of which the Company had complained against. The new Charter also established a Court of Quarter Sessions for trying criminal cases, and also a small cause court to be called a Court of request, in each of the three Presidency towns, for the determination of suits "where the debt, duty or matter in dispute did not exceed five pagodas". All these Courts were made subject to the control of the Court of Directors, who were authorised by the Charter to make bye-laws, rules and ordinances for the good government and regulation of the several courts of judicature established in India.

2.25.27 The Chief alteration effected by the new Charter was that the Courts, which they established, were limited in their Civil jurisdiction to suits between parties who were not "Natives" of the several towns to which the jurisdiction applied. Suits between 'natives' were directed not to be entertained by the Mayor's Courts unless by consent of the parties. They were all Courts of His Majesty, the King of England and brought in the Common Law of England. But their jurisdiction was limited within the Company's fortification. Outside these fortifications, the Qazis and Muftis continued to adminsiter justice, under the Mughal rule, in criminal matters according to Mohammadan Law and in Civil matters according to personal law.

 

2.25.28 The territories now comprised in the State of Uttar Pradesh came under the authority of the Company by stages. Hence the judicial system in these territories underwent change by stages. William Crooks, in his book 'N.-W.P. of India" (1897), summarises, at pages 122 and 123, the stages by which the various parts of this State came under the authority of the Company.

2.25.29 Up to 1835, the territories, now comprised in Uttar Pradesh, except Oudh, formed part of Bengal Presidency and were governed by the Governor-General as part thereof. The judicial system introduced in Bengal extended to this State as and when the various parts of the territory of this State came under the jurisdiction of the Company.

2.25.30 Lord Clive landed in India for the last time in 1765. He decided to avail himself of the sovereignty of the Mughals. He proceeded to obtain the grant of the Diwani, the power of collection of revenue, from the Mughal Emperor and succeeded in this by obtaining the Farman dated the 12th August, 1765, granted by King Shah Alam. The collection of revenue in India involved than the whole administration of civil justice. The Nizamat or the administration of criminal justice was for the time being left with the Mughal's Lieutenant, the "Nabob" of Murshidabad. The administration, for the most part, of the revenues, and still more of civil justice, was conducted through 'native' agency till the 11th May, 1772, when the Company, by its proclamation of the same date, 'stood' forth as 'Dewan' and assumed the direct charge of the collection of revenue and administration of justice through its own servants.

2.25.31 In the same year Warran Hastings became the Governor of Bengal. He established under the Judicial Regulations passed on August 21, 1772, Mofussil Diwani Adalats presided over by the Collectors of revenue in each district. These courts took cognizance of all disputes, real and personal, all causes of inheritance marriage and caste, and all claims of debts, contracts and demand of rent. The questions of succession to the Zamindari and Taluqdari property were, however, not submitted to these courts but were reserved for the decision of the Governor-in-Council. A court of criminal jurisdiction, called the Faujdari Adalat, was also established in each district under the same Regulations. In it, a Qazi and a Mufti, with the assistance of two Moulvies appointed to expound the Mohammadan Law, sat to hold trial of all criminal offences. The English Collectors of Revenue were directed to superintend the proceedings of these courts. Under the same Regulations, the Sadar Diwani Adalat and Sadar Nizamat Adalat, were established and they heard appeals from the Civil and the Criminal Courts, respectively.

2.25.32 In 1774, the Mayor's Court at Calcutta was abolished and, in its place, a new Crown Court, called the Supreme Court of Judicature, was established in that town, by the Charter granted under the East India Company Act, 1772 (13 Geo. III c.63), popularly known as the Regulating Act of 1773. An appeal from it lay to the Privy Council. By another Act of Parliament, passed in 1781 and known as the Act of Settlement (21 Geo. III c.70), it was expressly declared that the Supreme Court would not have jurisdiction in any matter concerning revenue, or any acts done in the collection thereof according to the practice of the country or the Regulations of the Governor-General-in-Council. The Sadar Diwani Adalat was constituted, by the aforesaid Act, to be a Court of Record; and it was also provided for the first time, by the same Act, that the decisions of this Court, in cases valued at L 5,000 (Rs.50,000) or upwards, would be appealable to the Privy Council. Thus, although this Court was not established by a Royal Charter, it was nevertheless distinguishable from the ordinary courts of the Company, and traced its final establishment to the recognition by, and sanction of, the British Parliament.

2.25.33 In 1793, Cornwallis completely reorganized the Mofussil Courts. The Governor-General-in-Council passed in that year a large number of regulations establishing Courts of Zillah and City Magistrates for trying petty offences, and four Courts of Circuit in the Presidency of Bengal under the Superintendence of English Judges assisted by Indians versed in Mohammadan Law for trying in the first instance, persons charged with crimes or misdemeanours, and enabling the Governor-General-in-Council to be in the Sadar Nizamat Adalat and superintend the administration of Criminal Justice throughout the Presidency. For the hearing of civil actions, Courts of Zillah and City Judges were created. Four Provincial Courts of Appeal were established within the province of Bengal, Bihar and Orissa for the purpose of hearing civil appeals from the several Zillah and City Courts; the Sadar Diwani Adalat at Calcutta being vested with appellate jurisdiction and general power of supervision over the inferior courts in all suits of a value above Rs.1,000/-. Below the City and Zillah Courts, there were two classes of inferior Judges. "First in order, the Registrars of those courts who, when authorised by the Judges, were empowered to try and decide causes of the value not exceeding Rs.200/-; their decrees not being valid until revised and countersigned by the Judge. The next and lower grade of Judges were the Native Commissioners who were empowered, by Regulation XL of 1793, to hear and decide civil suits for sums of money or personal property of value not exceeding 50 Sicca rupees. Of these officers the head Commissioners were called Sadar Ameens and the rest were called Moonsiffs".

2.25.34 Diwani and Faujdari Adalats on the Bengal pattern were established in Benares in 1795, and in the Ceded and Conquered provinces, i.e., the rest of the present Uttar Pradesh, except Oudh, in 1803-1805. At the same time, two provincial Courts of Appeal and Courts of Circuit were also established, one at Benares and the other at Bareilly; and the jurisdiction of the Sadar Adalats at Calcutta was extended, by various Regulations, upto these places. It was in 1832, that a separate Sadar Diwani and Nizamat Adalat was established by Regulation VI of 1831, for the North-Western Provinces (the present U.P., except Oudh), with similar powers at those possessed by the Sadar Courts at Calcutta.

2.25.35 This is the general outline of the system which was established for the administration of civil and criminal justice. The year 1793 marks the era of judicial independence. The Government endeavoured to separate their judicial and executive functions and to render the officers who performed the latter functions amenable to the authority of those who exercised the former. The Courts so established lasted for a considerable time, nearly eighty years, but because of the process of occasional extension and repeal, the statutory provisions which created them are enveloped in some obscurity.

2.25.36 Regulation V of 1831 made some important alterations. The object was recited in the preamble to be the gradual introduction of respectable Native into the more important trusts connected with the administration of the country. Munsiffs were invested with power to try and determine suits for money and other personal property of the value of Rs.300/- and suits with regard to land of the value of Rs.300/- except such land as was exempt from the payment of revenue. The Judges were empowered to refer to the Sudder Ameens any suit the value of which did not exceed Rs.1,000/-. A new office, that of Principal Sadar Ameen, was created to whom suits of value not exceeding Rs.5,000/- might be referred. Registrar's Courts were abolished; Provincial Courts of Appeal were gradually superseded, and in two years, finally abolished, and original jurisdiction was given to the Judges in all suits exceeding in value Rs.5,000/- with an appeal direct to the Sadar Dewani Adalat.

2.25.37 In the period which intervened between 1793 and 1831, the relations of the Collectors to the Civil Courts underwent considerable alterations.

2.25.38 With regard to the Civil Courts throughout the Presidency of Bengal, the course of legislation had introduced considerable confusion as to the precise functions of some of the Judges. The original legislation on the subject was contained in the Regulations of 1793, the provisions of which had been extended in 1795, 1803 and 1804 to Benares and the Ceded and Conquered provinces, respectively.

 

 

2.25.39 The Adalat system intself remained in some obscurity, as far as the legislation on which it rested was concerned, till a very recent period. In order to ascertain the constitution and the jurisdiction of the Civil Courts at any time before 1871, it is necessary to trace out and piece together various bits of legislation which were distributed over no less than thirteen different enactments.

2.25.40 It was in 1868, that the old designations of various Judges in the Presidency of Bengal, including the North-Western Provinces, were altered. By Act XVI of 1868, the office of Sadar Ameen was abolished, and Principal Sadar Ameens were designated 'Subordinate Judges'. Three years later, the Bengal Civil Courts Act, VI of 1871, which repealed all the previous Acts and Regulations relating to the constitution of Civil Courts in the Presidency of Bengal, provided for the appointment of 'District Judges, Additional Judges, Sub-ordinate Judges and Munsiffs'. Ultimately came the present Bengal Agra, and Assam Civil Courts Act, XII of 1887, which also provided for the same four classes of Civil Courts in the aforesaid provinces.

2.25.41 The Courts established by the British Crown and Parliament, for the most part, applied English law, both civil and criminal; exceptions being-made in favour of Hindus and Mohammadans. In suits against parties belonging to either of these religions, by whomsoever, instituted, whether by Europeans or Indians, the law applicable to the defendant prevailed. The proceedings of the Courts were governed by the English law of procedure. Until at least 1834, they, for the most part, were amenable only to the Legislative authority of Parliament and to such Regulations of Government as the Supreme Court might choose to acknowledge and register.

 

 

2.25.42 The Mofussil Courts, on the other hand, had nothing to do with English law, but were amenable, in all respects, to the Regulations of Government, and, when Hindu or Mohammadan Law did not apply, or when no Regulations were applicable, were directed to proceed according to justice, equity and good conscience.

2.25.43 Oudh was annexed in 1856, to which the judicial Regulations of Bengal did not apply. Like all other non-regulation provinces, it also remained a non-regulation territory and the judicial system in Oudh followed the pattern of other non-regulation territories and was different from that of the N.W. Provinces.

2.25.44 Various grades of Courts were established in Oudh, by Act XIV of 1865, similar of those provided for the Central Provinces under the same Act. But, as this Act was framed chiefly with reference to the Central Provinces, it was found incomplete and inconvenient as regards Oudh. Accordingly, in 1871, the Oudh Civil Courts' Act was passed, which applied to all civil courts in Oudh. It reconstituted, almost on the same model as that of the 1865 Act, five grades of Courts, viz., those of (1) the Tahsildar; (2) The Assistant or Extra Assistant Commissioner; (3) the Deputy Commissioner or the Civil Judge of Lucknow; (4) the Commissioner, and (5) the Judicial Commissioner. The Governor-General-in-council was empowered to fix, and from time to time to vary, the number of Courts of each grade. The general control over all the courts of the first and second grades in any District vested in the Deputy Commissioner, and the control over the courts of the first three grades, in any division, vested in the Commissioner, subject to the superintendence of the Judicial Commissioner. The Court of the Deputy Commissioner was the Principal Civil Court of Original jurisdiction in any district and he could direct the business in the Courts of the first and second grades to be distributed among such courts as he thought fit, having regards to the limits of their jurisdiction. He entertained appeals from those courts except when the amount in dispute exceeded Rs.1,000 in which case the appeal lay to the Commissioner. Appeals lay also from the Deputy Commissioner to the Commissioner and from the latter to the Judicial Commissioner, who was empowered to refer cases, in which he entertained any doubt, to the High Court of the North-Western Provinces, which latter Tribunal was directed to deal with the case so referred as if it were an appeal instituted in that very court.

2.25.45 Civil Courts, on the lines of those in the N.W. Provinces, were established in Oudh by Act XIII of 1879, which Act, as amended by Act XVI of 1891, established the following grades of Civil Courts in Oudh; namely, (1) the Court of the Judicial Commissioner; (2) the Court of the District Judge; (3) the Court of the Subordinate Judge, and (4) the Court of the Munsiff. The Oudh Courts Act IV of 1925, created another Court in Oudh, namely, that of the Additional Judge and also altered the designation of the 'Subordinate Judge' to 'Civil Judge'. This alteration of designation took place in the erstwhile provinces of Agra in 1936. Under the same Act, the Court of the Judicial Commissioner of Oudh was replaced by a Chief Court, which was ultimately amalgamated with the Allahabad High Court in 1948. The Bengal, Agra and Assam Civil Courts Act 1887, was extended to Oudh in 1956 by U.P. Act No.II of that year; and thereupon all the Civil Courts of Oudh, constituted and the powers conferred thereon, by the Oudh Court Act, 1925, were deemed to have been respectively constituted and conferred under the provisions of the Act of 1887.

EARLY COURTS IN UNITED PROVINCES

2.25.46 United provinces consisted of Allahabad, Uttar Kashi, Rae-Bareli, Fatehpur, Farrukhabad, Faizabad, Almora, Jhansi, Pratapgarh, Kanpur and Sultanpur with independent judicial system.

2.24.47 In Allahabad, the judicial administration of the East India Company was introduced in 1801 when the district was ceded to the British by the Nawab Vizir of Avadh. A Judge-Magistrate was appointed in the district to decide civil suits as Judge and Criminal Cases as Magistrate. An Assistant called Register later termed as Registrar was appointed to assist the Judge-Magistrate. Cases not exceeding Rs.200/- in value referred to the Registrar for decision. Some Indian Judicial Officers such as Sadar Amins and Munsiffs were also appointed to assist the Judge.

2.25.48 In 1803, a Court of Appeal and Circuit was established for the ceded territory with headquarter at Allahabad. Appeals against the orders of the Judge-Magistrate of Allahabad would lie to the said Court of Appeal. This Court was under the jurisdiction of the Sadar Diwani Adalat (Civil Court) and Sadar Nizamat Adalat (Criminal Court) at Fort-William. This Court was abolished in 1829. The Revenue Commissioners were made Circuit Judges under the supervision of the Sadar Nizamat Adalat.

2.25.49 By 1827, the Munsiffs had jurisdiction to decide suits of the value not exceeding Rs.150/- and Sadar Amins had powers to decide suits of the value not exceeding Rs.1,000/-.

2.25.50 In 1831, an independent Sadar Diwani Adalat (Civil Court) and Sadar Nizamat Adalat (Criminal Court) were extablished in Allahabad with provision to decide appeals against the decisions of the Judge-Magistrate. He was invested with full powers to try Sessions cases.

2.25.51 A new post of Principal Sadar Amin with powers to decide suits upto the value of Rs.5,000/- was established. Appeals against his decision would lie to the English Judges. Under Regulation II of 1833, the Court of Appeals and Circuit was aboloshed and all the pending cases were referred to the Sadar Diwani Adalat of the District.

 

 

2.25.52 In 1843, the Sadar Diwani and Sadar Nizamat Adalats were transferred to Agra and a general code of justice was enacted and adopted in 1859.

2.25.53 In 1866, the Sadar Diwani and Sadar Nizamat Adalats were abolished. On March 17, 1866, a separate High Ccourt of Judicature was constituted for the North-Western provinces in accordance with the Indian High Courts Act, 1861. This Court sat at Agra from 1866 to 1868 and was shifted to Allahabad in 1869.

2.25.54 The Head of the Civil and Criminal judiciary in the district was the District and Sessions Judge. Under him, there were 3 temporary Civil and Sessions Judges, a Judge of the Small Causes Court, a Civil Judge, 2 Munsiffs and 4 Additional Munsiffs. The District Judge had over-all administrative control over the civil judiciary in the District. He had Appellate Jurisdiction against the decisions of Munsiffs in Civil cases and in respect of the suits upto the valuation of Rs.10,000/- decided by the Civil Judges. The territorial jurisdiction of the Civil Judge extended the whole of the district. He had pecuniary jurisdiction to decide civil suits exceeding Rs.5,000/- in value and to hear appeals against the orders of the Munsiffs. The Judge of the Small Causes Court had territorial jurisdiction over the whole of the district and he exercised powers similar to those of the Civil Judge. He had pecuniary jurisdiction to decide small cause suits upto the value of Rs.1,000/-.

2.25.55 The Munsiff had jurisdiction to decide property suits of the value not exceeding Rs.5,000/-. The scheme of the separation of judicial and executive functions was introduced in Allahabad in 1960.

UTTARAKASHI :

2.25.56 In 1803, the Ghurkhas occupied the territory of Garhwal. Uttarakashi district was part of Garhwal. The Ghurkhas introduced their own way of administering justice. Civil and Criminal cases were disposed by the Commandant of the troops to whom the tract was assigned or by his deputies in the absence of the Commandant. A brief oral examination of the parties was conducted in court. If there was doubt about the veracity of the statement, the witness was made to swear by the Harivamsha Purana, a Sacred Book of the Hindus. Punishment was inflicted by ordeals.

2.25.57 In 1815, when the British annexed this region, Garhwal was divided into Eastern Garhwal and Western Garhwal. Eastern Garhwal was placed directly under the British Rule and Western Garhwal formed the State of Tehri Garhwal which was made over to Sudarshan Sah.

2.25.58 The Raja who had absolute powers within his State often delegated them to his officers, but the sentence of death could be passed by him alone. Crime was rare and usually not serious. Appeals would lie in all cases to the Raja who frequently transferred them to the Vizir who was invested with executive authority and had powers of First Class Magistrate.

2.25.59 After the merger of the State in the Indian Union in 1949, there were two deputy collectors in Uttarkashi region, posted at Rajgarhi and Uttarkashi exercising Civil, Criminal and Revenue powers. Appeals against their orders would lie to the Court of Civil and Sessions Judge, Tehri.

RAE BARELI :

2.25.60 In about the year 1900, the district was in the charge of a District Judge with civil jurisdiction. He was assisted by a Civil Judge usually called the Subordinate Judge. On the Criminal Side, he exercised the powers of an Assistant Sessions Judge. There were two Munsiffs. Appeals against the judgments of the Munsiffs would lie to the Subordinate Judge.

2.25.61 The Magistracy in the district consisted of three Magistrates of the First Class and one Magistrate of the Second Class. The Deputy Commissioner was the District Magistrate. In addition, there were four Tahsildars exercising Magisterial powers of the Third Class within their Tahsils. There was also a bench of three Honorary Magistrates at Rae Bareli exercising Second Class Magisterial powers in the town.

2.25.62 In 1904, there were five Honorary Magistrates with jurisdiction in the areas outside the Rae Bareli Municipality. The district judiciary was then subordinate to the Avadh Chief Court with High Court at Allahabad. The district fell under the concurrent jurisdiction of the High Court at Allahabad and its bench at Lucknow.

2.25.63 At present, the permanent Civil Courts in the district are those of the District and Sessions Judge, the Civil and Assistant Sessions Judge and the Munsiffs, Rae Bareli. The Court of the District and Sessions Judge is the highest Court in the district. The District Judge had unlimited original civil jurisdiction.

2.25.64 Chief Criminal Court of the district is the District and Sessions Judge. In sessions trials, he is assisted by the Assistant Sessions Judge who is empowered to inflict a sentence of imprisonment upto 10 years.

2.25.65 The Munsiff, Rae Bareli has also exercised the magisterial powers of the First Class.

FATEHPUR AND FARRUKHABAD :

2.25.66 The administration of justice during the Mauryan period was under Dharma Sutra and Arthasastra, code of State Law on the one hand and that of Manu's code on the other. Mutilation and torture were some of the invariable punishments for various crimes including some petty offences like theft. Besides the scriptures, contracts, customs and the royal ordinances were also sources of law. The Judges were usually appointed from the priestly class and were beyond and above the Royal fiat in the performance of their duties.

 

 

2.25.67 Before the introduction of a uniform Criminal Code under the British Government, the Mohammadan Law of Crimes was enforced like in other parts of the country. The Qazi administered Islamic Law in criminal matters. The personal law was applicable in civil cases.

2.25.68 The introduction of the Indian Penal Code and the Criminal Procedure Code in the second half of the nineteenth century brought about a world of change in both substantive law and procedural matters concerning the administration of justice.

2.25.69 In the pre-independence period, the Judicial Courts in the district consisted of a permanent Court of Civil and Sessions Judge and a permanent Court of Munsiff. Several temporary courts were created from time to time. These courts were subordinate to the Court of the District Judge at Kanpur.

FAIZABAD :

2.25.70 It is a part of Avadh. During the period of Asaf-id-daula, the judicial history of Faizabad centred on the Nazims of Sultanpur. Chakledars collected revenue and each pargana was in the charge of a Faujdar who was assisted by a Dewan, a qanoongo and other Subordinate officials.

2.25.71 In 1858, the British set about the task of establishing their own system of administration in the lines which were already in force in the province. The Commissioner of the Division was the Chief of Revenue, Police and Judicial Authority. The Deputy Commissioner of the district exercised the same powers in respect of the district and was the head of the Magistracy.

2.25.72 In 1871, the Oudh Civil Courts Act was passed and the Courts were reorganised.

2.25.73 In 1879, the Civil Courts were separated from the Revenue and Criminal Courts. Regular Courts of Munsiffs, Subordinate Judges and District Judges were established.

2.25.74 The Regular Courts of the district of Faizabad were those of the District Judge, two Additional Civil and Sessions Judges, one Assistant Civil and Sessions Judge, one Civil Judge and three Munsiffs. Munsiffs had jurisdiction to decide suits upto the value of Rs.5,000/-.

2.25.75 The jurisdiction of the Civil Judge was unlimited. The District Judge acted as Sessions Judge on the Criminal Side.

2.25.76 There were two Additional Sessions Judges and a Assistant Sessions Judge. There were four Magistrates with First Class Magisterial powers each in-charge of a sub-division. There is a City Magistrate with First Class Magisterial powers.

2.25.77 Tahsildars of four tahsils exercised the powers of Second Class Magistrates in their respective tahsils. The Sub-Registrar of Tanda was also invested with Second Class Magisterial powers. The Sessions Judge had appellate powers against the judgments of the First Class Magistrates. The Assistant Sessions Judge heard appeals against the judgments of the Second Class and Third Class Magistrates.

ALMORA :

2.25.78 The Ghurkhas who occupied this region in 1790 largely adopted the system of dispensation of justice which was prevalent under the Chand Rajas. They, however, made such modifications in the old system as were necessiated by the predominantly military basis of their rule. All Civil and Petty Criminal cases were disposed of by the Ghurkha Commandant. Important Criminal cases were decided by the Civil Governor of the Province after recording a brief oral statement of the parties. The witness was made to swear by the Harivamsha Purana. When the evidence of eye-witnesses was not available or the testimony was conflicting as in the case of boundary disputes, resort was taken to certain ordeals to ascertain the truth.

 

2.25.79 Judgment was recorded on the spot and handed over to the successful party. The unsuccessful party was punished with heavy fine disproportionate to his means rather than to the merits of the case. Cases relating to the disputed inheritance and commercial dealings were frequently disposed of by drawing lots before an idol in a temple or by swearing before an idol.

2.25.80 Under the Chand Rajas, death sentence was executed by hanging or beheading. But, the Ghurkhas inflicted torture in addition to capital punishment. Murder, if committed by a Brahmana earned a sentence of banishment. For all other crimes, fines were imposed and property confiscated.

2.25.81 After the British took over, the Commissioner made certain arrangements for the administration of Civil Justice. For a number of years, there was only the Commissioner's Court for the adjudication of civil claims.

2.25.82 In 1820, the practice of affixing court-fee stamp of the value of eight-anna on all the plaints was brought into force. If the plaint was not rejected summarily, a notice was handed over to the plaintiff to be served on the defendant. It was found that this practice resulted in the compromise of three-fourths of the cases.

2.25.83 The First Munsiff was appointed in Kumaun in 1829 to decide civil suits. Later, the Kanungos in the region were invested with the powers of a Munsiff. The Pandit of the Court at Almora designated as Sadar Amin was invested with civil powers.

2.25.84 In 1838, the offices were abolished and Kumaun was placed under the jurisdiction of the Sadar Diwani Adalat, Agra in civil matters. The Assam Rules with certain limitations were applied to the districts in 1839 for the administration of civil and criminal justice. Those rules remained in force till they were superseded by the Jhansi Rules which were extended to Kumaun in 1864. The Laws of Limitation and Indian Penal Code were also applied to Kumaun.

2.25.85 The Deputy Commissioner was also the District Judge for the trial of civil cases except those under the Indian Succession Act.

2.25.86 Assistant Commissioners of the First Class were invested with powers to decide all civil suits upto the value of Rs.5,000/-. Assistant Commissioners of the Second Class had jurisdiction to decide civil suits upto the value of Rs.500/- and Tahsildars were empowered to decide suits upto the value of Rs.100/-.

2.25.87 The Commissioner's Court functioned as High Court in respect of civil matters. However, the Government could refer the matter decided by the Commissioner to the High Court at Allahabad for opinion in order to arrive at a final decision.

2.25.88 From April 1926, the Courts exercising civil jurisdiction in the Kumaun division were subjected to the jurisdiction of the High Court of Judicature at Allahabad. The District Judge, Pilibhit was designated as the District Judge of Kumaun and Pilibhit. A Deputy Commissioner in the Kumaun division was invested with the powers of a Civil Judge in his district. His jurisdiction extended to all original suits cognizable by the civil court.

2.25.89 An Assistant Collector of the First Class had similar powers in respect of original suits of the value not exceeding Rs.5,000/-. An Assistant Collector of the Second Class other than the Tahsildar had jurisdiction to decide original civil suits, the value of which did not exceed Rs.500/-.

2.25.90 The Assistant Collector who was a Tahsildar had jurisdiction to decide suits cognizable by the Court of Small Causes under the provincial Small Causes Courts Act, 1887, of the value not exceeding Rs.100/-.

2.25.91 With regard to the dispensation of Criminal Justice, a Commissioner was appointed for the trial of heinous offences in Kumaun region under Regulation X of 1817. He was required to submit his report to the Sadar Nizamat Adalat for final sentence to be executed by local officers.

2.25.92 In 1838, Rules were framed for administration of justice in Criminal cases. Elaborate Rules were later enacted in the form of the Code of Criminal Procedure, 1898. The Commissioner was also invested with the powers of the Sessions Judge to try cases committed to the Court of Sessions by the Deputy Commissioner as District Magistrate and his Subordinate Magistrates. The Commissioner was also the Appellate Authority to hear and decide appeals against the decisions of the District Magistrate and his Subordinates.

2.25.93 In 1914, a new Sessions Division known as Kumaun Sessions Division consisting of Almora, Garhwal, Naini Tal and Pilibhit was created.

2.25.94 In 1930, Pilibhit district was excluded from the Kumaun Sessions Division and the Court of the District and Sessions Judge of Kumaun was established at Naini Tal. Since then, the Sessions Judge of Kumaun has been exercising jurisdiction over Almora district.

2.25.95 Under the Uttar Pradesh Panchayat Raj Act, 1947, Panchayat Adalats, now called Nyaya Panchayats were established in 1949 to decide petty local disputes.

2.25.96 In February 1952, the powers of the Civil Judge was withdrawn from the Deputy Commissioner, Almora and the Sub-Divisional Officers and the Judicial Officers were invested with the powers of the Munsiff in respect of original suits of the value not exceeding Rs.5,000/-. In July 1953 the powers exercised by the Sub-Divisional Officers and the Judicial Officers were withdrawn and the Court of Munsiff was established at Almora.

2.25.97 The Court of the Munsiff is the only court in the district; the other Civil Courts namely, the Courts of the District Judge, the Civil and Sessions Judge and the Additional Civil Judge are at Naini Tal. The Munsiff, Almora has also been empowered to dispose of the suits cognizable by the Court of Small Causes of the value not exceeding Rs.250/-.

JHANSI :

2.25.98 After the British acquired possession of the State of Jhansi by way of escheat in 1854, Jhansi superintendency was formed by including the districts of Jhansi, Jalaun and Chanderi (Lalitpur). However, each district was separately administered by a Deputy Superintendent who was invested with the powers of the Commissioner. He had the powers of a Judge to decide civil cases. In summary suits his decisions were final. In Regular Suits, an appeal would lie to the Commissioner of the Sagar Division and further appeal to the Board of Revenue. In Criminal cases, appeals against his decisions would lie to the Sadar Nizamat Adalat at Agra. The Deputy Superintendent of Jhansi had the powers of a Collector under the control of the Superintendent of Jhansi; while the Deputy Superintendent of Chanderi had the powers of a Principal Sadar Amin and appeals against his decisions would lie to the Superintendent.

2.25.99 In 1858, the Jhansi Division consisting of Jhansi, Jalaun, Chanderi and Hamirpur districts was formed under a separate Commissioner. The designation of the Deputy Superintendent was changed to that of the Deputy Commissioner. Regulations were formally introduced to supersede the Local Rules.

2.25.100 In 1860-61, there were 14 Magistrate Courts and 15 Civil Courts in Jhansi Division.

2.25.101 Till 1862, a separate Judicial Agency known as Paragana Courts under a Principal Sadar Amin were functioning at Jhansi. In 1862, those Paragana  Courts were abolished by a resolution. Judicial and Fiscal functions at every stage of the hierarchy were vested with the officer from the rank of the Commissioner to the Tahsildar.

2.25.102 In 1866, the Sadar Diwani and Sadar Nizamat Adalats were abolished and High Court of Judicature was set up at Allahabad in accordance with the Indian High Courts' Act, 1861.

2.25.103 By the Jhansi Courts Act (Act No. XVIII of 1867), the Civil, Criminal and Revenue jurisdiction was placed in the hands of one officer. The Tahsildars of each of the four tahsils of Jhansi were given original civil jurisdiction within their territorial jurisdiction. Appeals against their decisions would lie to the officer-in-charge of the tahsil and from him to the Deputy Commissioner.

2.25.104 From that year, the Code of Criminal Procedure which came into force in 1862 and the Laws of North-Western provinces were made applicable to Jhansi for carrying on the administration with the exception of revenue and rent suits which were conducted in accordance with the old Regulations.

2.25.105 In 1873, the Court of the Commissioner of the Division started functioning at Jhansi. There were one Deputy Commissioner, an Assistant Commissioner, 3 Extra Assistant Commissioners, 4 Tahsildars, a Cantonment Magistrate and 3 Indian Honorary Magistrates. A Deputy Commissioner, an Assistant Commissioner, 2 Extra Assistant Commissioners and two Tahsildars were functioning at Lalitpur. All of them were invested with judicial powers varying in degree.

2.25.106 Under the provisions of Act XX of 1890, the Jhansi Division ceased to be a scheduled district. All the enactments in force in the Allahabad Division were extended to Jhansi and Lalitpur.

2.25.107 By the Reorganisation which took effect from April 1, 1891, the Revenue Officers were relieved of their judicial duties. Judicial staff was appointed. The Deputy Commissioner was designated as Collector. He was relieved of external powers conferred by Section 30 of Code of Criminal Procedure.

 

 

2.25.108 On December 1, 1891, the District of Lalitpur was annexed to that of Jhansi and this enlarged district became one of the regulated districts of the North-Western Provinces.

2.25.109 In 1909, the Judicial set up in Jhansi consisted of the Court of the District and Sessions Judge, the Subordinate Judge of Jhansi and the Munsiffs of Jhansi and Lalitpur as well as the Court of the Cantonment Magistrate who was invested with the powers of a Small Cause Court Judge, Courts of six Tahsildars and a bench of Honorary Magistrates with Second Class powers having jurisdiction within the Municipality of Jhansi. The District and Sessions Judge, Jhansi was assisted by a Civil and Sessions Judge, an Additional Civil Judge, a City Munsiff and an Additional Munsiff.

2.25.110 The District Judge had over-all administrative control over the civil judiciary. He had appellate jurisdiction in civil cases against the decisions of the Munsiffs and also in respect of the suits of the value not exceeding Rs.10,000/- decided by the Civil Judges. As Sessions Judge, he tried sessions cases and heard appeals against the judgments and certain orders of all the Magistrates. Appeals against orders and sentence of the Assistant Sessions Judges not exceeding four years imprisonment would lie to him. The Civil Judges were also invested with the powers of the Assistant Sessions Judges under the Criminal Procedure Code, 1898.

2.25.111 The pecuniary jurisdiction of District Judges and Civil Judges was unlimited. But, their territorial jurisdiction was confined to the limits of Jhansi. The Civil Judge and the Additional Civil Judge, Jhansi were also invested with powers to decide suits cognizable by the Court of Small Causes upto the value of Rs.500/-. Revision would lie to the District Judge against the decisions of the Civil Judge/Additional Civil Judge in Small Cause suits. The territorial jurisdiction of the Court of the Munsiff, Jhansi extended to the whole of the district. But, its pecuniary jurisdiction was limited to Rs.5,000/- in regular civil suits and to Rs.250/- in Small Cause suits.

2.25.112 The scheme of the separation of the judiciary from the executive was introduced in this district on July 6, 1949.

2.25.113 Under the United Provinces Panchayat Raj Act, 1947, Panchayat Adalats (now called Nyaya Panchayats) were established.

KUMAUN :

2.25.114 On 26th April, 1815, Almora was captured by the British forces, and under the treaty of Sigauli in 1816, Nepal formally ceded the territory now comprised in the Kumaun and Uttarakhand Divisions, district of Dehra-Dun, and certain other areas to the East India Company. A province of Kumaun was formed consisting of the erstwhile districts of Almora, Garhwal and Naini Tal. Garhwal was separated from Kumaun under Act X of 1838, and Terai district was created. Thus the province of Kumaun included the districts of Kumaun, Garhwal and Terai. But, on 13th October, 1891, Naini Tal district was formed by combining the Tarai and Bhabar area, with certain hill patties which were formerly included in what was known as Kumaun district which thereafter came to be known as Almora, the three districts of Almora, Naini Tal and Garhwal constituted the Kumaun Division. On the merger of the erstwhile Tehri State in 1949, Tehri district was also added to this Division.

2.25.115 On the absorption of Kumaun with the rest of British India, the then Governor-General appointed one Hon'ble E.Gardner to assume the office and title of Commissioner for the affairs of Kumaun and Agent to the Governor-General on 3rd May, 1815, and Mr. G.W. Traill as his Assistant. But as the former mostly remained busy with his military and political duties in Nepal, the burden of administration fell on his Assistant, Mr. Traill.

2.25.116 The administrative history of Kumaun Division, in the words of Whalley in his "Law of Non-Regulation-Provinces" divides itself into three periods "Kumaun under Traill; Kumaun under Batten and Kumaun under Ramsay". The regime in the first period was essentially paternal, despotic and personal. It resisted the centralising tendency which the policy of the Government had developed. It, though arbitrary, was a just, wise and progressive administration. Mr. Traill's administration lasted from 1815 to 1835.

2.25.117 "Mr. Batten ruled Kumaun during 1836-56, but the early stages of his rule were marked by an influx of codes and rules and a predominance of official supervision which gradually subsided as he gained influence position and experience. Thus the second period glided insensibly, into the third period which nevertheless has a distinctive character of its own. In Sir Henry Ramsay's administration we see the two currents blended. The personal sway and unhampered autocracy of the first era, combining with it the orderly procedure and observance of fixed rules and principles which was the chief feature of the second."

2.25.118 It may be stated that in the earliest times administration of justice, civil or criminal, was hardly any problem to the British Government. From 1st of January, 1820 to 31st December, 1821 the total number of Criminals confined in Jail amounted to sixty-five out of whom 4 had been convicted of murder, 3 for thefts above Rs.50 and the rest for petty thefts, assaults, defamation, forgery, etc. In the words of Traill himself in his Statistical Sketch of Kumaun, "affrays of a serious nature are of rare occurrence and even petty assaults are most infrequent ..... Applications to court on the subject of caste are numerous; these are invariably referred to the Pandit of the Court, whose decree delivered to the party concerned is conclusive ..... In civil judicature the simple forms of the preceding Government have been generally retained. The petition originating the suit is required to be written on an eight-anna stamp but no institution or other fees are levied. A notice in the form of an ittalanama is then issued when process is served by the plaintiff in three cases out of four produces a compromise between the parties. In case the compromise is not effected it is returned by the plaintiff in to court, and the defendant is summoned. The parties then plead their cause in person and in case the facts are disputed on either side, evidence is called for. Oaths are never administered except in particular cases and at the express desire of either parties. Suits for division of property or settlement of accounts are commonly referred to arbitrators selected by the parties. In the matter of execution of decrees, the established forms are followed bu the leniency of native creditors renders imprisonment and sales in satisfaction of decrees uncommon ..... At present only one court (Commissioner's Court) exists in the province for trial of civil cases."

2.25.119 Untramelled by any laws, rules and regulations Mr. Traill made his own arrangements for administration of Civil and Criminal justice. He was not only the head of the civic administration but the sole legislator and dispenser of civil justice. He had framed his own rules of procedure for presentation of plaints on an eight-anna stamp irrespective of the valuation of the claim on presentation of which the plaintiff was required to serve notice on the defendant himself. In seventy-five per cent of cases the claims were compromised. In other cases the parties were first examined whereafter their witnesses, if any, were examined, but oath was generally not administered.

2.25.120 There were no lawyers and no one was permitted to act as an agent of the contending parties, and the maximum duration of a suit was twelve days. Incidentally, it may be stated that Mr. Traill also conducted the first 'Nazarandazi' survey of Kumaun in Samvat 1880 i.e., 1818 A.D. (Commonly known as "Sal assi") which still continues to form the basic document for determining village boundaries. There was no actual survey, but Mr. Traill nationally allotted land amidst the different villages by reference to natural or prominent features existing on the northern, southern, eastern and western boundaries of each village. Actual survey operations in most of the areas of Kumaun were undertaken for the first time by Mr. Beckett in 1856.

2.25.121 According to Walton's Gazetteer for the District of Almora first Munsif was appointed in 1829 and seven Kanungos were invested with the title and powers of Munsiff and title of Sadar Amin was conferred on Court Pandit. These officers continued to exercise powers of Civil Judges till 1838. Afterthese offices were abolished, the Act X of 1838 was enforced under which the districts of Kumaun and Garhwal each had one Senior Assistant, one Sadar Amin and one Munsiff under Sudder Dewani Adalat. In civil administration Kumaun Province was placed under the jurisdiction of Sudder Dewani Adalat in 1838 and remained subject to its jurisdiction till 1864. The Assam Rules with certain modifications were adopted for the administration of civil and criminal justice in 1839. These rules were superseded in 1863 by a set of Civil and Revenue Rules known as Jhansi Rules, Statutory authority was given to these rules by section 2 of the Non-Regulation District Act (Central Act XXIV of 1864). Under section 4 of the said Act, Civil Procedure Code was also made applicable. Rules for service of processes were based on the lines laid down by Mr. Traill.

2.25.122 Thereafter, a new set of rules under notification No.628/VII-569-B dated 27th June 1894 were promulgated under which the Commissioner was constituted as the High Court of Kumaun except in the cases under Succession Act, in respect of which he acted as a District Judge and an appeal would lie to the High Court of Allahabad against his decision. The other revenue officers (eg., Assistant Collectors) were invested with the powers to decide civil cases with varying extent of jurisdiction. Under Rule 17 the Government had however been vested with power to make reference to the High Court of Allahabad against the decision of the Commissioner. Thereafter the Commissioner sitting as the High Court of Kumaun would decide the cases in accordance with the opinion of the High Court.

2.25.123 The Commissioner of Kumaun, however, continued to exercise the powers of a High Court until the enforcement of Notification No.543/VII-421 dated 1st April, 1926 (Published at page 57 of the Rules and orders relating to Kuman). A District Judge was appointed to exercise jurisdiction over Pilibhit and the three districts Almora, Garhwal and Naini Tal constituting the Kumaun Division. Later on Pilibhit was separated from Kumaun judgship. The Deputy Commissioners of the three districts were invested with the powers of a subordinate judge and Assistant Collectors who were revenue officers were empowered to try civil suits up to a valuation of rupees five thousand.

2.25.124 The arrangement of investing revenue officers with the powers of Civil Judges and Munsiffs did not work satisfactorily. After 1926 the District Judge of Kumaun became the Appellate Court in respect of civil case decided by them. These revenue officers were not very much conversant with civil laws. Their judgments were subjected to severe criticism at the hands of the District Judge. Consequently they were hesitant to try civil cases which had been thrust upon them by virtue of their office as Assistant Collectors. This led to an appalling state of affairs in the accumulation of arrears in the disposal of civil cases. Sir Iqbal Ahmad the then Chief Justice drew the attention of the Government to this fact. In 1942 the U.P. Government agreed to post one judicial Officer at Almora with powers of an Assistant Collector of first class, who by virtue of his office became a Civil Judge with jurisdiction to try civil suits up to a valuation of Rs.5,000/-.

 

 

2.25.125 This experiment proved very successful. Consequently in 1947 the Government appointed a number of young and promising lawyers as Revenue Officers exclusively to try and dispose off civil cases. In 1952 the High Court appointed its own Munsiffs and Civil judges under Bengal and Assam Civil Courts Act.

2.25.126 After the merger of the erstwhile Tehri State one more Civil and Sessions Judge was posted to Kumaun under the District and Sessions Judge of Kumaun. On account of administrative convenience his headquarters were fixed at Tehri. The District and Sessions Judge of Kumaun was also a Civil Judge of Kumaun and as such he tried and disposed off original suits of higher valuation. An Additional Civil and Sessions Judge was also appointed to assist him whenever the workload increased.

2.25.127 As regards administration of criminal justice, criminal jurisdiction was conferred on Kumaun officers in July 1817 under Regulation X of 1817 except in certain serious offences like murder, robbery, treason, etc., for the trial of which a Commissioner had to be specifically appointed by the Governor-General in Council. After recording evidence in the case, the Commissioner used to submit his report to the Nizamat Adalat which passed the final sentence. It seldom became necessary to appoint a Commissioner under this provision. This Regulation was subsequently repealed by Act X of 1838, as a result of which criminal courts in Kumaun came directly under the control of Nizamat Adalat. Rules were made under the Act for administration of criminal justice which were later on superseded by the Criminal Procedure Code under which the Commissioner of Kumaun was appointed as the Sessions Judge.

 

 

2.25.128 It appears the Commissioner of Kumaun ceased to be a Sessions Judge on the enforcement of Notification No.1314/VI-48-1914 dated 26th March, 1914 (published at page 53 of the Rules and Orders relating to Kumaun), under which the districts of Almora, Garhwal, Naini Tal and Pilibhit were placed under Kumaun Sessions Division. Later on Pilibhit was removed from the jurisdiction of the Kumaun Sessions Court.

2.25.129 Kumaun was throughout a Scheduled District. The Government exercise powers to frame rules and issue notifications under section 6 of the Scheduled Districts Act.

2.25.130 The Government continued to exercise its rule-making powers till 1935 when the Scheduled District Act was repealed.

2.25.131 It may not be out of place to mention that under a U.P. Government Revenue (C) Department Notification, dated 24th February, 1960, a new division styled as Uttarakhand has been carved out of the territories within the limits of the erstwhile Kumaun Division Pithoragarh, Chamoli and Uttar Kashi tahsils of Almora, Garhwal, and Tehri District respectively have been upgraded into three districts which together constitute the Uttarakhand Division.

PRATAPGARH :

2.25.132 The history of judiciary of Pratapgarh district is really the history of the judicial system of Avadh before the annexation in 1856. Under the Kings of Avadh, the judicial system of Avadh was based on the Muslim Law. The King was the ultimate head of the judiciary, but the powers of the highest court of appeal were vested in Mujahid-ul-Asr who was the highest court of civil jurisdiction as well as the highest court of settlement of religious cases. The said court was presided over by the Chief Shia priest. Adalat-i-Alia at Lucknow presided over by the Munsiff-ud-Daula was the highest trial court. There were separate courts presided over by the Musahib-us-Sultan to decide civil suits and a Court of Small Causes for recovery of small debts. The Chief Criminal Court was presided over by the Kotwal who was the Chief Magistrate as well as Head of the City Police.

2.25.133 After the annexation of Avadh, the British proceeded to reorganise the administrative machinery including that of the judiciary in the region. Accordingly, authority was concentrated in the hands of the Commissioner and Deputy Commissioner in Revenue, Police, Magisterial and Judicial matters. The Commissioner of the division was invested with the powers of the Chief Revenue Authority, the Superintendent of Police and the Sessions Court. He was empowered to try all Sessions cases and pass sentences other than death and transportation for life.

2.25.134 The Deputy Commissioner was assisted by three First Class Magistrates and one Magistrate with lower powers. They exercised the powers of the Revenue and Criminal Courts.

2.25.135 A Subordinate Judge was posted at Pratapgarh to decide civil suits. Two Munsiffs stationed at Pratapgarh and Kunda were invested with powers to decide petty civil suits. The Tahsildars exercised powers of a Second Class Magistrate and those of a Revenue Court. The Judicial Commissioner was the highest court in criminal cases and civil suits. He heard appeals against the orders of the Commissioner sitting as Sessions Court. He also tried criminal cases punishable with death or transportation for life. The death sentence passed by him required confirmation by the Chief Commissioner of Avadh.

 

 

 

2.25.136 The Courts in Avadh were reorganised in 1871, under the Oudh Civil Courts Act. But the Civil Courts were separated from those of the Magistrates and Revenue Officers only in 1879. Regular Courts of Munsiffs, Subordinate Judges, the District Judge and the Judicial Commissioner with powers of a High Court were established. The Court of the Judicial Commissioner was raised to the status of a Chief Court for Oudh in 1925 under the Oudh Courts Act, 1925. The Chief Court of Oudh was later abolished.

2.25.137 In the beginning of the 20th century, the District Judge of Rae Bareli had jurisdiction over the district. He was assisted by a Subordinate Judge whose headquarters was at Pratapgarh and two Munsiffs. There were also three Honorary Munsiffs for the administration of Criminal Justice. There were a Deputy Commissioner, three Magistrates of the First Class and another Magistrate with lower powers. There were also three Tahsildars with Third Class Magisterial powers. In addition, there were four Honorary Magistrates.

2.25.138 At present, the Civil Courts in the district are those of the District Judge, two Civil Judges and the Munsiffs at Pratapgarh and Kunda.

2.25.139 The District and Sessions Judge constitutes the Chief Criminal Court of the district. He is assisted in Sessions trials by two Sessions Judges. As Sessions Judge, he tries Sessions Cases and hears appeals against the judgments and certain orders of the Magistrates working in the district. The Additional District Magistrate (Judicial) and the Judicial Magistrate are subordinate to the District and Sessions Judge, Pratapgarh. The Munsiffs have also been invested with Magisterial powers of the First Class to try criminal cases transferred to their Courts by the Additional District Magistrate (Judicial) and the Judicial Magistrate.

 

 

KANPUR :

2.25.140 The administration of justice in Kanpur formed a separate administrative branch more or less detached from the executive. The Ruler was the fountain head of justice. He administered justice personally or through his representatives. Mainly, there were three institutions related to the administration of justice viz., the Village Panchayat in the village, the Judge in the Town and the King-in-Council at the Apex. Civil cases were sometimes decided by arbitration. Offenders were punished with fines varying in amount, but, heavy penalties were also imposed. The modes of punishment included mutilation and torture. The aggrieved person was heard regarding the punishment to be imposed on the accused.

2.25.141 The sacred texts, contracts, customs and royal ordinances were the sources of the law. The Judges were appointed from among those who were well-versed in the sacred texts. They usually belonged to the priestly order and often went beyond the royal fiat in the performance of their duties. The petty cases in the village were decided by the Gramyavadin or Village Judge.

2.25.142 Justice was administered to Muslims according to the Islamic Law by the Qazis and Muftis in the Towns. Panchayats continued to function in the rural areas as usual eventhough there was change in Government or the Ruler. Criminal Justice was administered in accordance with Islamic Law.

 

2.25.143 Civil cases were decided on the basis of Personal Law of the parties. Ordinarily, the Officers dispensing justice did not disregard customary laws and sometimes followed principles of equity.

 

 

2.25.144 The Judicial Administration of the British was introduced in Kanpur by the East India Company in 1801. A Collector, Magistrate and Judge were appointed. In a short-time, the revenue administration was separated. Two Sadar Amins designated as Mufti and Pandit were entrusted with the trial of petty civil suits.

2.25.145 In 1817, the Office of the Munsiff was established for outlying tracts. In the next year, one Sadar Amin was appointed. In 1821, the Munsiffs and Sadar Amins were empowered to decide suits upto the valuation of Rs.100/- and Rs.500/- respectively. The jurisdiction of Sadar Amins was increased to Rs.1,000/- in 1827. In that year, the Magistracy was separated.

2.25.146 In 1832, the following Courts were in existence :

i) Principal Sadar Amin with jurisdiction to decide suits upto the value of Rs.5,000/-,

ii) Sadar Amin to decide suits upto the value of Rs.1,000/-, and

iii) 4 Munsiffs at Kanpur, Gajner, Sheorajpur and Rasulabad with jurisdiction to decide suits upto Rs.300/- in value.

2.25.147 In 1868, the Principal Sadar Amin who functioned as a Subordinate Judge was also invested with the powers of a Judge of Small Causes Court.

2.25.148 The separation of judiciary from executive was enforced on October 2, 1967. The State Government declared the City of Kanpur as a Metropolitan Area from October 11, 1976.

2.25.149 The District Judge is the Head of the Judiciary in the district. He is also the highest Criminal Court of the district. He is the Sessions Judge of the Metropolitan Area. He is assisted by a number of Additional District and Sessions Judges.

2.25.150 On the Civil side, there are Civil Judges, a Small Cause Judge and the Munsiff. On the Criminal side, there are Metropolitan Magistrates and Chief Judicial Magistrates. The Munsiffs have been invested with the First Class Magisterial powers to try criminal cases.

SULTANPUR :

2.25.151 Sultanpur was part of Avadh State. After the annexation of Avadh, the British established their own system of Administration of Justice at Sultanpur similar to that of Pratapgarh.

2.25.152 In 1903, the District Judge of Faizabad was the Head of Civil Justice of Sultanpur. He was assisted by a Subordinate Judge and two Munsiffs stationed at Sultanpur.

2.25.153 The Raja of Kurwar was invested with the powers of a Honorary Munsiff exercising jurisdiction within the parganas of Miranpur and Baraunsa.

2.25.154 In 1911, the number of Munsiffs was increased to three.

2.25.155 In 1903, on the criminal side there were four Magistrates of the First Class and a Deputy Commissioner in the district. There were also four Tahsildars who exercised the Third Class Magisterial powers within their respective tahsils. A few leading Talukedars were also invested with Third Class Magisterial powers within the limits of their estates.

2.25.156 The Rajas of Dera, Kurwar and Hassanpur and the Talukedars of Shahgarh and Baraulia were the Honorary Magistrates.

2.25.157 In 1911, the Subordinate Judge was also invested with the powers of an Assistant Sessions Judge. There was one Honorary Magistrate. In 1921, in addition to the regular officers on the criminal side, the Talukedar of Damodra was invested with Magisterial powers. There were five other Honorary Magistrates, of whom, two exercised First Class Magisterial powers, one exercised Second Class Magisterial powers and the remaining exercised Third Class Magisterial powers. A bench of Honorary Magistrates was also functioning at the headquarters  of the district to try petty offences.

2.25.158 In 1931, all the Tahsildars exercised Second Class Magisterial powers except Tahsildar of Kadipur. There were five Honorary Magistrates, of whom, two exercised Second Class Magisterial powers and the remaining exercised Third Class Magisterial powers. The district then came under the jurisdiction of the Oudh Chief Court at Lucknow. After the amalgamation of the Chief Court with the High Court at Allahabad, both the High Court and its bench at Lucknow exercised concurrent jurisdiction.

2.25.159 At present, the District and Sessions Judge constitutes the highest Criminal Court of the district. He is assisted in sessions trials by Additional Sessions Judges. As District Sessions Judge, he tries sessions cases and hears appeals against the judgements and certain orders of the Magistrates subordinate to him.

2.25.160 The Deputy Commissioner of the district exercises First Class Magisterial powres under the designation of the District Magistrate. As the head of the district, he has jurisdiction and control over the Magistrates. The City Magistrate and the four Sub-Divisional Magistrates also exercise First Class Magisterial powers. The Tahsildars have been invested with Second Class Magisterial powers. But, rarely they exercise these powers. The Magistrates of the First Class have power of passing sentence of imprisonment not exceeding two years and of imposing fine upto Rs.1,000/-. Magistrates of the Second Class have similar powers of passing sentence of imprisonment not exceeding six months and imposing fine upto Rs.200/-.

 

2.25.161 In 1956, a District Judge was appointed for the district.

2.25.162 At present, the Civil Courts in the district are those of the District Judge, three Civil Judges and the Munsiffs North and South. The Munsiffs have jurisdiction to decide regular suits upto the valuation of Rs.5,000/-. The territorial jurisdiction of the judges extends to the whole of the district and those of the Munsiffs North to the parganas Chanda, Miranpur, Asal and Amethi and of Munsiffs South to the remaining part of the district.

2.25.163 As a further step towards separation of the Judiciary from the executive at the Magisterial level, the Additional District Magistrate (Judicial) and the Judicial Magistrate working under him were transferred to the control of the District and Sessions Judge, Sultanpur in 1967. They try or commit all cases under the Indian Penal Code.

Present set up of judicial administration in the State :

2.25.164 At present, there are two cadres in the subordinate judiciary, viz., Higher Judicial Service and Judicial Service. Higher Judicial Service consists of District and Sessions Judges, Additional District and Sessions Judges and Additional Sessions Judges. The Judicial Service consists of Civil Judges (Senior Division, Additional Civil Judges (Senior Division),Chief Judicial Magistrates, Additional Chief Judicial Magistrates, Judges, Small Causes Courts and Additional Judges, Small Causes Courts and Civil Judges (Junior Division) / Judicial Magistrates First Class.

2.25.165 Under the Uttar Pradesh Nyayik Sewa Niyamavali, 1951, initial recruitment to the cadre of Civil Judges (Junior Division) / Judicial Magistrates First Class is made by the Public Service Commission through written examination and interview from amongst the advocates who have put in three years of practice at the Bar.

2.25.166 The Civil Judges (Junior Division) /Judicial Magistrates First Class on appointment will be on probation for a period of two years. The newly recruited Civil Judges (Junior Division) are imparted training in court work and office administration for about 12 weeks in the Institute of Judicial Training and Research Uttar Pradesh at Lucknow.

2.25.167 The initial pay of the Civil Judge (Junior Division) is in the pay scale of Rs.8000-275-13500. After five years of satisfactory service, he gets the higher scale of pay of Rs.10000-325-15200. At present, there are 674 posts in the cadre.

2.25.168 The promotional cadre to the post of Civil Judge (Junior Division) /Judicial Magistrate First Class is that of Civil Judge (Senior Division) / Chief Judicial Magistrate /Additional Chief Judicial Magistrate /Additional Civil Judge (Senior Division) /Judge, Court of Small Causes /Additional Judge, Court of Small Causes in the scale of pay of Rs.10000-325-15200. There are 563 posts in the cadre.

2.25.169 The Civil Judges (Senior Division) / Chief Judicial Magistrates are entitled to the Selection Grade pay in the scale of Rs.12000-375-16500. Such pay scale would be available upto 20 per cent of the cadre strength of the posts.

2.25.170 The Uttar Pradesh Higher Judicial Service Rules, 1975 regulates the appointment and promotion to the Higher Judicial Service. Initial appointment to the Higher Judicial Service is made both by promotion and direct recruitment. 15 per cent of the posts are filled up by Direct Recruitment from amongst the Advocates with seven years practice. The remaining 85 per cent of the posts are filled up by promotion from the cadre of Civil Judges (Senior Division).

2.25.171 There are 798 posts in the Higher Judicial Service. Out of them, 594 posts are Ordinary Pay Scale posts in the pay scale of Rs.16400-450-20000, 148 posts are Selection Grade posts and the remaining 56 posts are Super Time Pay Scale posts, both carrying the pay scale of Rs.18400-500-22400.

 

2.25.172 JURISDICTION :

(1) District and Sesions Judge /Additional District and Sessions Judge/Additional Sessions Judge.

(Additional District and Sessions Judge exercises same jurisdiction as District and Sesions Judge over the cases transferred / allotted by the District and Sessions Judge).

(a) Territorial : Whole of the District / Sessions Division in which he is posted and / or special jurisdiction under the Special Acts.

(b) Economical : 1. First Appeal from a decree or order of the Civil Judge (Senior Division) upto the valuation of Rs.5 lakhs.

2. Original Suits / Small Causes Court cases and other Civil matters.

3. Cases under Consumer Protection Act.

4. Prescribed Authority cases under U.P. Act No.13 of 1972.

5. Cases of Testamentary, Probate and Guardian and Wards Act and other Civil matters.

6. Cases under Family Courts Acts.

Criminal Side : 1. Jurisdiction as Sessions Judge in accordance with Criminal Procedure Code and other Penal Statutes.

2. Cases under Essential Commodities (Special Provisions) Act, 1981.

3. Cases under Anti-Dacoity (Dacoity Affected Areas) Act, 1983.

 

4. Cases under Motor Accident Claims Tribunal.

5. Cases under S.C./S.T. Act and Human Rights.

6. Cases under Anti-Corruption Acts.

2(a) Judge, Small Causes Court / Additional Judge, Small Causes Courts.

(Additional Judge, Small Causes Court exercises same jurisdiction as Judge, Small Causes Court over the cases transferred / allotted by Judge, Small Causes Court).

Territorial : Whole of the district in which he is posted.

Economical : 1. Rent and Ejectment nature cases upto the valuation of Rs.25,000/-.

2. Money recovery suits upto the valuation of Rs.5,000/-.

3. Original suits above Rs.25,000/- upto the unlimited valuation and other matters received by transfer from Civil Judge (Senior Division).

4. The cases under Insolvency Act.

5. Appeals pertaining to assessment of rent etc.

Criminal Side : First Class Magisterial powers in accordance with Criminal Procedure Code over the cases transferred/allotted by the Chief Judicial Magistrate.

2(b) Civil Judge (Senior Division)/Additional Civil Judge (Senior Division)

[Additional Civil Judge (Senior Division) exercises same jurisdiction as Civil Judge (Senior Division) over the cases transferred / allotted by the Civil Judge (Senior Division)]

Territorial : Whole of the district in which he is posted.

Economical : 1. Original Suits above the valuation of

Rs.25,000/- upto the unlimited valuation.

2. Small Causes Courts cases upto the valuation of Rs.5,000/-.

3. Various Civil jurisdiction as Tribunal created under Special Act, like E.S.I. and Wakf Acts etc.

4. Succession matters.

5. First Appeal as transferred by the District Judge.

Criminal Side : First Class Magisterial powers in accordance with the code of Criminal Procedure over the cases transferred / allotted by the Chief Judicial Magistrate.

2(c) Chief Metropolitan Magistrate/Additional Chief Metropolitan Magistrate, Chief Judicial Magistrate/Additional Chief Judicial Magistrate

(Additional Chief Metropolitan Magistrate and Additional Chief Judicial Magistrate exercises same jurisdiction as Chief Metropolitan Magistrate and Chief Judicial Magistrate respectively over the cases transferred /allotted by the Chief Metropolitan Magistrate and Chief Judicial Magistrate).

Territorial : Whole of the district in which he is posted (in the Additional Courts as allotted by CMM/CJM).

Economical

Criminal Side : 1. Criminal works in accordance with Criminal Procedure Code.

2. All kinds of criminal cases except those specifically excluded.

 

3(a) Civil Judge (Junior Division)

Territorial : As notified by the Government. In some district, there is only one Court of Civil Judge (Junior Division) whose territorial jurisdiction is whole of the district in which he is posted.

Economical : 1. Original Suits upto the valuation of Rs.10,000/- for the newly appointed Civil Judge (Jr. Dn.).

2. After conferring powers by the High Court, the Civil Judge (Junior Division) tries the original suits upto the valuation of Rs.25,000/-.

3. Suits upto the valuation of Rs.2,000/- under Small Causes Courts Act.

Criminal Side : First Class Magisterial powers and all kinds of cases according to Criminal Procedure Code over the cases allotted / transferred by the Chief Judicial Magistrate / Chief Metropolitan Magistrates.

 

* * * * *

2.26 BENGAL [WEST BENGAL]

East India Company Courts :

2.26.1 In 1698, the Mughal King’s grandson granted Zamindari rights of three villages to the East India Company. The Company thereupon exercised all the powers, which the Mughal administration had granted to the native Zamindars. The Company appointed a Collector to carry on administration of all the three villages. The Collector began to hold Zamindari Courts regularly for both Civil & Criminal cases.

2.26.2 In 1699, Calcutta was given the status of Presidency Town. Its Governor and Council were entrusted with all the necessary administrative and judicial powers.

2.26.3 Accordingly, Fauzdaree Court presided over by English Collector was established to decide criminal cases regarding the natives of the three villages and petty crimes committed by English people. The Governor and Council were authorised to try serious crimes committed by the English people under the Charter 1661.

2.26.4 The Court of Cutchhery or Civil Court presided over by a Collector was established to adjudicate civil disputes. Appeals were allowed only in rare cases to the Governor and Council.

2.26.5 The Collector was also responsible for the collection of land revenue from the natives of all the three villages. In respect of revenue matters, appeals would lie to the Governor and Council.

2.26.6 The establishment and constitution of courts in all the three Presidency Towns was found necessary and that led to the constitution of Mayor’s Court presided over by a Mayor and nine Aldermen. Mayor’s Court was declared to be a Court of Record and was authorised to try, hear and determine all civil actions. It had testamentary jurisdiction to grant letters of administration and also had jurisdiction over all persons within the Presidency Town and working in the Company’s subordinate offices.

2.26.7 Appeals from the decisions of Mayor’s Court would lie to the Governor and Council. The decision of the Governor and Council was final in all cases involving a sum less than 100 Pagodas. Further appeal would lie to the King-in-Council (Privy Council) from the decisions of the Governor and Council.

2.26.8 Under Charter of 1726, Justice of Peace consisting of Governor and five Senior Members of the Council was established in each Presidency Towns.

2.26.9 Criminal Jurisdiction was conferred on the Justices of Peace. They were empowered to arrest and punish persons for petty criminal offences and they were also to act as a Court of Oyer, Terminer and Goal delivery and were empowered to hold quarter Sessions, four times a year for the trial of all offences excepting high treason.

2.26.10 In general, these courts were entrusted with the same powers similar to that of the courts in England.

2.26.11 Again, the Charter issued on 8 January 1753, which applied uniformly to all the Presidency towns, brought about certain changes in the method of appointment of Mayor and Aldermen. The changes effected are as indicated below:

(i) Alderman was to be appointed by the Governor and Council;

(ii) As regards the Mayor’s appointment, the Governor and Council were to select one out of panel of two names of Aldermen submitted to it by the Corporation every year.

 

2.26.12 Thus, the Mayor and Aldermen became the nominees of the Government.

2.26.13 Under the aforesaid Charter, the Government held large measure of control over the Corporation. The jurisdiction of the Mayor’s court was expressly restricted to Indians.

2.26.14 This Charter of 1753 also created a new Court called as ‘Court of Request’ in each Presidency Town to decide all the cases up to five Pagodas or Rs. 15/-, summarily and quickly. The Court of Request was manned by 8 to 24 Commissioners who were initially appointed by the Government mainly from amongst the Company’s servants. Half of the Commissioners were to retire every year and their places were to be filled in by ballot by the remaining Commissioners. This process of co-option would go on from year to year. On every court day, three Commissioners used to sit by rotation.

Evolution of Judicial Institutions :

2.26.15 As time passed, the Company expanded its political activities and acquired new territories surrounding the Presidency Towns. This new territory came to be known as Mofussil in contra-distinction to the Presidency Towns. The Company had to provide an administrative system in Mofussil for which Adalat System came into being for administration of Justice. Such Adalat System was initially introduced in the first territory acquisitions of the Company in Bengal, Bihar and Orissa.

2.26.16 In 1772, Warren Hastings introduced a scheme of judicial administration along with the system of revenue collection, which laid a foundation of Adalat system in India. Under this scheme, Bengal, Bihar and Orissa were divided into number of Districts. A District was considered as Unit and in each District an English Servant of the Company was appointed as Collector who was responsible for collection of land revenue. Judicial System was integrated with this scheme.

 

2.26.17 Accordingly, in each District, Mofussil Diwani Adalat was established with the Collector as the Judge. The Collectors being Englishmen did not know about these legal systems. Therefore, to make the system work and to enable the Collector-Judge to decide the cases according to Indian Law, native Law Officers, Khazis and Pandits were appointed to expound Muslim and Hindu Laws respectively applicable to the facts and circumstances of cases in dispute.

2.26.18 A provision was made for the disposal of small cases up to the value of Rs. 10/- to be decided finally by the Head Farmer of the Pargana where the dispute arose.

2.26.19 Mofussil Fouzdari Adalat or Mofussil Nizamat was established in each District to try all kinds of criminal cases. The said Adalat consisted of Muslim Law Officer, Kazi, Mufti and Moulvies. The Collector was required to exercise general supervision over the Adalats.

2.26.20 Over and above Mofussil Adalats, two superior Courts, viz., Sadar Diwani Adalat consisting of a Governor and Members of the Council and Sadar Nizamat Adalat consisting of a Chief Mufti formally appointed by the Nawab on the advice of the Governor and an Indian Judge known as the Daroga-i-Adalat and three moulvies were established at Calcutta. The Governor and Council exercised general supervision over the proceedings of Sadar Nizamat Adalat.

 

2.26.21 The Regulating Act, 1773 empowered the Crown to establish Supreme Court of Judicature by a Royal Charter. Accordingly, Supreme Court of Judicature at Fort William consisting of a Chief Justice and three puisne Judges was established. The Judges were appointed by the Crown and they held the office during his pleasure. Only Barrister of at least 5 years standing was eligible to be appointed as a Judge. The jurisdiction of the Court was restricted to only few defined categories of persons, viz., British subjects and His Majesty’s subjects residing in Bihar, Bengal and Orissa and persons employed either directly or indirectly under the Services of the Company.

2.26.22 The Supreme Court of Judicature was also a Court of Admiralty for Bengal, Bihar and Orissa to hear and try all cases — Civil and Maritime and all Maritime crimes committed upon the High Seas with the help of Jury who were British subjects resident in Calcutta, in the same way, as the Admiralty Court in England.

2.26.23 Each of the Judges of the Supreme Court was also the Justice of Peace with jurisdiction and authority similar to that of Judges of the Court of King’s Bench in England under common law. This system continued for over a period of 100 years with minor reforms here and there. The minor reforms that were experimented included the steps taken by Warren Hastings for the separation of judiciary and revenue administration and re-unification of all functions under hand of the Collector by Lord Cornwallis, abolition of Fouzdari Adalat in the District and establishment of Circuit Courts.

Chartered Courts :

2.26.24 In 1861, the Indian High Courts Act, 1861 was enacted by a Royal Letters Patent issued by Her Majesty, the Queen. Under this Act, the Crown was empowered to establish High Courts of Judicature for Bengal, Madras and Bombay and eventually for the Province of Agra. It was provided that upon the establishment of these High Courts, both the Supreme Court and Sadar Courts should be abolished. Accordingly, Charters were issued in 1862 and re-issued in 1865 to constitute High Courts at those Presidency Towns.

2.26.25 King’s Court in the Presidency Towns and Company’s Courts in Mofussil area were amalgamated into a single judicial system by the Indian High Courts Act.

Qualification for Appointment of Judges of the High Court :

2.26.26 No person could be appointed as the Judge of the High Court unless he was an Advocate of Scotland or a Barrister of England or a Pleader of 10 years standing in British India. However, Officers of Indian Civil Services having some minimum number of years of service could also be appointed as a Judge. He could not be removed from his office before retirement unless the Judicial Committee of the Privy Council would remove him on one of the grounds of misbehaviour or physical or mental infirmity.

2.26.27 The High Courts of Calcutta / Madras / Bombay were conferred with original and appellate jurisdiction.

2.26.28 Appeals from the decisions of the High Courts were to lie to the Judicial Committee of the Privy Council.

2.26.29 This position continued upto the enactment of the Government of India Act, 1915.

2.26.30 In the passage of time, the present structure of High Court is as follows:

Original Side :

2.26.31 The Courts of Original Side function as original courts for dealing with civil matters valued above Rs.10,00,000 arising within the ordinary original civil jurisdiction of High Court, i.e., within the district of Calcutta. The criminal cases arising within the area of Calcutta are now being dealt with by the Metropolitan Magistrates’ Courts, Calcutta and City Civil & Sessions Court, Calcutta. The applications under Art.226 of the Constitution of India arising within the area of Calcutta irrespective of valuation are also dealt with by the Courts of Original Side.

 

Appellate Side :

2.26.32 Appeals from the Original Decree or Appellate Decree and/or order from the subordinate judiciary, revisional application from the order of the subordinate courts, criminal revision or criminal appeals are dealt with by the Courts of Appellate Side. Appeals against the order of single Bench of the High Court are also dealt with by the Division Bench of the High Court, Appellate Side. All applications under Art.226 of the Constitution of India relating to matters arising outside jurisdiction of Calcutta are also entertained by the Appellate Side.

2.26.33 Appeals from the decisions of the High Courts lie to the Hon’ble Supreme Court of India.

2.26.34 The present strength of the Hon’ble Judges is as follows:

Approved strength : 50

Sanctioned strength : 48

Present strength : 32 (as on 15-11-1998)

2.26.35 After the enactment of Code of Criminal Procedure in 1861, the constitution of Criminal Courts styled as Courts of Sessions and Courts of Magistrates were established in every Province. Every Province outside the Presidency Town was divided into Sessions Divisions and the local Government appointed Sessions Judge and Additional and Assistant Sessions Judges, as the case may be. Below the Sessions Courts, there were Courts of Magistrates. An appeal would lie to the District Magistrates or to any specially empowered First Class Magistrate from the convictions by the Second or Third Class Magistrates. Original convictions by Magistrates of First Class were appealable to the Sessions Judge. Likewise, original convictions by Sessions Judge were appealable to the High Court in the Province.

 

2.26.36 The inferior civil Courts were established under the Special Act and Regulations, like the Court of District Judges, the Subordinate Judges and that of the Munsiffs.

2.26.37 These patterns were uniform in all the Provinces and the Presidency Towns of Calcutta, Madras and Bombay.

2.26.38 Small Causes Courts had taken the place of old Courts of Request and those Small Causes Courts were invested with jurisdiction to dispose of money suits, the subject matter of which did not exceed Rs. 2,000/-.

2.26.39 Presidency Small Causes Court Act, 1882 was passed to consolidate and amend the law relating to the Courts of Small Causes established in the Presidency Towns of Calcutta, Madras and Bombay. In each Small Causes Court, there were to be a Chief Judge and such other Judges as the local Government thought fit. However, 2rd of the persons so appointed were to be the Advocates of one of the said High Courts.

 

Presidency Magistrate :

2.26.40 Under the Presidency Magistrates Act, 1877 (Act IV of 1877), the Local Government with the sanction of the Governor General-in-Council could constitute divisions within the towns of Calcutta, Madras and Bombay and appoint sufficient number of fit persons to be Magistrates called ‘Presidency Magistrates’ for each of such divisions.

2.26.41 Every Presidency Magistrate by virtue of his office was to be a Justice of Peace for the town for which he was the Magistrate. The Local Government was to appoint one of the Presidency Magistrates to be the Chief Magistrate.

2.26.42 The Government of India Act, 1935 provided for the establishment of Federal Court in India, which was established in 1937. The said Act provided for the structure of Indian Judiciary as it is obtained today with the difference of Federal Court being replaced by the Supreme Court of India as stipulated in the Constitution.

Present system of subordinate judiciary in WEST bengal :

2.26.43 At present, West Bengal Civil Service (Judicial) Recruitment Rules regulate the recruitment and conditions of service of the Higher Judicial Service and Subordinate Judicial Service.

2.26.44 The Subordinate Judicial Service consists of :

a) Civil Judge (Senior Division) and Asst. Sessions Judge / Sub-Divisional Judicial Magistrate.

b) Civil Judge (Junior Division) / Judicial Magistrate First Class.

2.26.45 At present, there is single mode of recruitment of the Judicial Officers at the lowest level i.e., Civil Judge (Junior Division) / Judicial Magistrate First Class. These Officers are selected by the State Public Service Commission through a competitive examination, named West Bengal Civil Service (Judicial) Examination. The interview in the Public Service Commission is conducted amongst others by a High Court Judge to be nominated by the Hon’ble Chief Justice of High Court, Calcutta. The minimum qualification necessary for appearing in this examination is that the applicant should have LL.B. degree and minimum three years practicing experience at the Bar.

2.26.46 Officers so recruited are placed in the initial pay of Rs. 2200/- in the pay scale of Rs. 2200-80-3000-100-4000 (Pre-revised scale). After six years of service, these Officers are entitled to be placed in the higher scale posts of Rs. 3000-100-3500-125-4750 on the basis of 6 : 3 : 1 quota are available. The cadre of Civil Judge (Senior Division) and Asst. Sessions Judge / Sub-divisional Judicial Magistrate in the pay scale of Rs. 3000-100-3500-125-4750 is the promotional cadre from the posts of Civil Judge (Junior Division) / Judicial Magistrate First Class. After thirteen years of service, a Civil Judge (Senior Division) / Sub-divisional Judicial Magistrate is entitled to a higher pay scale of Rs. 3700-125-4950-150-5700 on the basis of 6 : 3 : 1 quota.

2.26.47 At present, there are 337 posts of Civil Judge (Junior Division) / Judicial Magistrate First Class and 206 posts of Civil Judge (Senior Division) / Assistant Sessions Judge / Sub-Divisional Judicial Magistrate.

2.26.48 The Higher Judicial Service consists of Chief Judicial Magistrate / Chief Metropolitan Magistrate / Additional Chief Metropolitan Magistrate / Additional District & Sessions Judge / District & Sessions Judge / Chief Judge, Small Causes Court / Judge, Special Court / Judge, City Civil Court / Secretary and Joint Secretary, Judicial Department / Legal Remembrancer, Joint Legal Remembrancer, Additional Joint Legal Remembrancer / Secretary Legislative Department / Registrars High Court, Calcutta, Appellate Side / Inspecting Judicial Officers, High Court Calcutta / Registrar, Human Rights Commission / Judge, State Administrative Tribunal / Registrar, Central Administrative Tribunal etc.

2.26.49 There are 230 such posts. All these posts are promotional posts from the cadre of Civil Judge (Senior Division) / Assistant Sessions Judge / Sub-Divisional Judicial Magistrate. The pay scale, after revision of the said posts is now Rs. 10650/- to 15850/-.

2.26.50 After five years of service, the Officer of the Higher Judicial Service is entitled to a higher pay scale of Rs. 12750-375-16500. After 9 years of service he may be placed in the Selection Grade in the pay scale of Rs. 15,100-400-18300. There are Super Time Scale posts in the pay scale of Rs. 18400-500-22400 and the above Super Time Scale posts in the pay scale of Rs. 22400-525-24500. The Officers working as District Judges are also entitled to a Special Pay of Rs. 500/- per month.

2.26.51 The Officers in the pay scale of Rs. 18400-500-22400 and Rs. 22400-525-24500 are eligible for Special Allowance of Rs. 500/- per month.

2.26.52 The members of the West Bengal Higher Judicial Service are governed by All India Services Pay Rules from time to time.

JURISDICTION OF COURTS :

2.26.53 Pecuniary Jurisdiction of the Courts to hear and dispose of suits is as follows :

i) Civil Judge (Junior Division) - up to Rs. 30,000/-.

ii) Civil Judge (Senior Division) - unlimited.

TRAINING AND REFRESHER COURSE :

2.26.54 After recruitment, Judicial Officers are provided with training. However, no Judicial Academy so far has been established in this State for the training of the Judicial Officer.

2.26.55 Under Rule 5(1) & (2) of the West Bengal Service (Appointment, Probation and Confirmation) Rules 1979, a Judicial Officer shall be deemed to be on probation on completion of continuous temporary service for two years after his initial appointment in a post of service or cadre. Further, he shall be confirmed and made permanent on satisfactory completion of a period on probation and on passing a departmental examination within further one year.

 

* * * * *