LAW, ORDER AND JUSTICE

JUDICIAL DEPARTMENT

District judge.

The higest judicial authority in the district is the District Judge, Amravati. He presides over the District Court. Articles 233, 234 and 235 of the Constitution of India define the powers of the Judicial Department at the district level. Under Article 233, appointments, postings and promotions of District Judges [Under Article 236 of the Constitution of India, the term "District Judge" includes Additional District Judge, Assistant District Judge, Chief Judge of a Small Causes Court, Sessions Judge, Additional Sessions Judge and Assistant Sessions Judge.]are made by the Governor in consultation with the High Court. Under Article 234, appointments of persons other than District Judges to the judicial service[Under Article 236 of the Constitution of India, "judicial service" is described as service consisting exclusively of persons intended to fill the post of a District Judge and other civil Judicial posts inferior to the post of a District Judge.] are made by the Governor in accordance with rules made by him after consultation with the State Public Service Commission and with the High Court. And finally, under Article 235. the control over the District Court and the Courts subordinate to it, including the posting and promotion of, and the grant of leave to. persons belonging to the judicial service and holding any post inferior to the post of District Judge, is vested in the High Court.

Civil courts.

The District Court is the principal Court of original jurisdiction in the district, and it is also a Court of appeal from all decrees and orders up to the value of Rs. 10,000 passed by the subordinate Courts from which an appeal can be preferred. The District Judge exercises general control over all the Civil Courts and  their establishments and inspects the proceedings of these  Courts.

On the introduction of the new judicial set-up in the Vidarbha region from April 1, 1959, two additional Courts, one presided  over by an Assistant Judge and the other by an Extra-Assistant Judge are working along with the Court of the District Judge at Amravati. These judges exercise both original and appellate jurisdiction. They try such original suits and appeals as are transferred to them by the District Judge for disposal.

Subordinate to the District Judge are two cadres of Civil Judges: Junior Division and Senior Division. The jurisdiction of a Civil Judge (Junior Division) extends to all original suits and proceedings of a civil nature wherein the subject matter does not exceed Rs. 10.000 in value, while that of a Civil Judge (Senior Division) extends to all original suits and proceedings of a civil nature irrespective of the value of the subject matter. Appeals in suits or proceedings wherein the subject matter does not exceed Rs. 10,000 in value are taken to the District Court, while in those wherein the subject matter exceeds Rs. 10,000 in value are taken direct to the High Court.

There is one Court of Civil Judge (Senior Division) and 6 Courts of Joint Civil Judges (Junior Division) at Amravati. Resides Amravati, there are four Courts at Achalpur, one of the Civil Judge, Senior Division and three of Civil Judges, Junior Division; two Courts at Daryapur, one of Civil Judge, Senior Division and one of Civil Judge. Junior Division; two Courts of Civil Judges. Junior Division, at Morshi and one Court of Civil Judge, Junior Division, at Chandur. Courts of Civil Judges, Senior Division, at Achalpur and Daryapur are linked and are presided over by one Civil Judge. Senior Division. All the Civil Judges, Junior Division, including four Civil Judges, Junior Division, at Amravati attend to the criminal work.

Criminal Courts,

The District Judge, Amravati, is also the Sessions Judge of the District. The Sessions Judge tries criminal cases which are committed to his Court by the Judicial Magistrates after preliminary enquiry, and, as a Special Judge under the provisions of the various Acts, deals with prevention of corruption. The Sessions Judge also hears appeals against the decisions of the subordinate Magistrates.

The Assistant Judge and the Extra-Assistant Judge also exercise the powers on the criminal side and generally they are invested with powers of an Additional Sessions Judge. The Sessions Judge and Additional Sessions Judge may pass any sentence authorised by law, but any sentence of death passed by any such Judge is subject to confirmation by the High Court.

The Bombay Separation of Judicial and Executive Functions Act (XXIII of 1951) read with Bombay Separation of Judicial and Executive Functions (Extension) and the Code of Criminal Procedure (Provision for Uniformity) Act, 1958 (XCVII of 1958), has classified the magistracy of the State into two categories, viz..,(1) Judicial Magistrates and (2) Executive Magistrates. Judicial Magistrates are of the following classes: (1) Presidency Magistrates; (2) Magistrates of the First Class; (3) Magistrates of the Second Class; (4) Magistrates of the Third Class and (5) Special Judicial Magistrates. But on the separation of the judicial functions from the executive ones in the Vidarbha region from September 1, 1959, only the Courts of Judicial Magistrates, First Class, were established in the district to try all cases. The Executive Magistrates fall under the following classes: (1) District Magistrates; (2) Sub-Divisional Magistrates; (3) Taluka Magistrates; (4) Presidency Magistrates specially empowered by the State Government and (5) Special Executive Magistrates. The State Government may in consultation with the High Court, direct any two or more Judicial Magistrates in any place outside Greater Bombay to sit together as a bench and invest such bench with the powers of a Magistrate of the First, Second or Third Class.

The Presidency Magistrates work in Greater Bombay. The Special Judicial Magistrates are appointed by the State Government in consultation with the High Court to try particular cases or classes of cases or cases generally in any local area. Special Executive Magistrates are appointed by the State Government for particular areas, or for the performance of particular functions.

All Judicial Magistrates are subordinate to the Sessions Judge who may from time to time make rules or give special orders as to the distribution of work among them.

All Executive Magistrates are subordinate to the District Magistrate. Their powers and functions are detailed in paragraphs II-A, IV and V of Schedule III of the Criminal Procedure Code. Appeals from orders requiring security for keeping peace or for good behaviour, however, lie from Executive Magistrates to the Court of Sessions (Section 406, Criminal Procedure Code). The State Government has power by notification to direct that appeals from such orders made by a Magistrate other than the District Magistrate shall lie to the District Magistrate and not to the Court of Sessions. Again, under Section 406-A of the Code, any person aggrieved by an order of refusal to accept or reject a surety under Section 122 may appeal against such order, if made by a District Magistrate, to the Court of Sessions under Section 435 (4). The High Court is empowered to call for and examine the record of any proceeding under Sections 143 (prohibition of repetition of nuisance), 144 (temporary order in urgent cases of nuisance or apprehended danger to public peace) and 145 (procedure where dispute as to immoveable property is likely to cause breach of peace), even though such proceeding was before an Executive Magistrate.

The ordinary powers of the Magistrates of the Third, Second and First Class are detailed in Schedule III, Parts I, II and III, respectively, of the Criminal Procedure Code (Act V of 1898).  They may be invested with additional powers by the State Government in consultation with the High Court, These additional  powers are detailed in Schedule IV of the Code. These Magistrates are competent to pass the following sentences: -

(a) Magistrates of the first Class.. (1) Imprisonment for term not exceeding 2 years
                                                         including such solitary confinement as
                                                         is authorised by law, (2) Fine not exceeding Rs.
                                                         1,000, and (3) Whipping.

(b) Magistrates of the Second Class.. (1) Imprisonment for a term not exceeding 6
                                                            months, including such solitary confinement
                                                            as is authorised by law, and (2) Fine not
                                                             exceeding Rs. 200.

(c) Magistrates of the Third Class.. (1) Imprisonment for a term not exceeding one
                                                          month, and (2) Fine not exceeding Rs. 50.

There are six Judicial Magistrates and 10 Civil Judges (Junior Division) and Judicial Magistrates, First Class, attending to the criminal work in Amravati district.

There are live Courts of Judicial Magistrates, First Class, and three Courts of Joint Civil Judges (Junior Division), and Judicial Magistrates, First Class, at Amravati. Besides Amravati, there are also one Court of Judicial Magistrate and three Courts of Joint Civil Judges (Junior Division), and Judicial Magistrates, First Class at Achalpur, one Court of Joint Civil Judge, Junior Division and Judicial Magistrate, First Class at Daryapur, one Court of Civil Judge, Junior Division and Judicial Magistrate, First Class at Chandur and two Courts at Morshi, one of Civil Judge, Junior Division and Judicial Magistrate, First Class and another of Joint Civil Judge, Junior Division and Judicial Magistrate, First Class.

The Judicial Magistrate at Achalpur sits at Dharni and Chikhaldara for four days in every alternate week in the month and tries cases from Melghat tahsil.

Other Law Officers. Legal Practitioners.

The Public Prosecutor and the Additional Public Prosecutor  and the other Law Officers of Government are functioning in Amravati district. In December 1960, there were 13 advocates and 232 pleaders practising in the various Civil Courts in the practitioners. district.

Nyaya Panchayats.

Under the Bombay Village Panchayats Act (No. 3 of 1959),  Nyaya Panchayats have been formed in a number of villages. They are empowered to try petty civil suits and criminal cases. The constitution and powers of the Nyaya Panchayats are detailed in Chapter VI, Sections 63 to 89, of the Bombay Village Panchayats Act, 1959. An appeal lies to the District Court against a decree passed by a Nyaya Panchayat in any suit and to the Sessions Court against any order in any case.

Statistics of Civil Courts.

In Amravati district, in the various Civil Courts, 2,366 suits were pending at the end of the year 1959. In 1960, 3,723 suits were instituted and 4,976 suits were disposed of. 2,057 suits were pending at the end of the year. Of the 3,723 suits institut ed, 2,809 involved monetary transactions or moveable property. Of these 1,114 were of value not exceeding Rs. 100; 2,184 were Of valueabove Rs. 100 but not exceeding Rs. 1,000.; 29.5 were of value above Rs. 1,000 but not exceeding Rs. 5,000: 38 of value above Rs. 5,000 and 92 were of value which could not be estimated. The total value of the suits instituted was Rs. 24,88,045.

Out of the 4,976 suits disposed of, 366 were disposed of without trial; 660 ex parte; 430 on admission of claim; 944 by compromise; 1,735 after full trial; 839 by transfer and 2 by reference to arbitration.

There were 273 appeals (including Miscellaneous Appeals), pending at the end of the year 1959. During the year 1960, 397 appeals were instituted, 499 were disposed of and 246 were pending at the end of the year.

Of the 499 appeals disposed of during the year 1960, 75 were cither dismissed or not prosecuted; 202 confirmed; 41 modified; 90 reversed; 15 remanded for re-trial and 76 disposed of by transfer from one Court to another.

Statistics of Criminal Courts.

In the year 1960, there were 22,233 offences reported in the Criminal Courts of the district. Persons under trial numbered 59,970; persons whose cases were disposed of, 43,343; persons discharged or acquitted, 14,154; persons convicted, 29,189; persons committed to Sessions Court, 30 and persons died or escaped or transferred to another State 13. Of the convicted persons, 1,257 were imprisoned, 27,569 sentenced to pay line, 198 released on admonition and 165 were asked to give security.

Statistics of Sessions Court.

During the year 1960, in the Sessions Court, 36 offences were reported and 99 persons were under trial. Cases of 83 persons were disposed of during the year of whom 29 persons were acquitted or discharged and 54 persons were convicted. Out of those convicted, 1 person was awarded death sentence, 16 transportation for life, 4 sentenced to pay fine and 33 to imprisonment.

Revenue and Expenditure.

The revenue of the Judicial Department in Amravati district for the year 1960-61, amounted to Rs. 1,29,593.00 as against the expenditure of Rs. 4,83,574.55.

Bar Associations.

There are five bar associations, one each at Amravati, Achalpur Chandur, Daryapur and Morshi. The years of their establishment and membership are given below: -

They are established with a view to promoting contacts among the members of the legal profession and for safeguarding the honour and status of the profession.

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