LAW, ORDER AND JUSTICE

JUDICIAL DEPARTMENT

The district judge, is the highest judicial authority in the district and presides over the district court. Under Article 233 of the Constitution of India, 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 to be made by the Governor in consultation with the High Court; and under Article 234, appointments of persons other than district judges to the judicial service [In Article 236 of the Constitution of India, "judicial service" is described as a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge.] are made by the Governor in accordance with the rules made by him in consultation with the Maharashtra Public Service Commission and the High Court. 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. 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 establishment and inspects the proceedings of these courts.

In addition to the district court, there is another court in Bhir presided over by an assistant judge. The assistant judge exercises both original and appellate jurisdiction and tries original cases up to the value of Rs. 15,000.

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.

In addition to these courts, there are, in the district, two courts of civil judges (junior division), one at Ambejogai and another at Kaij. Besides, the civil judge, junior division, at Bhir goes on deputation to Kaij for 15 days in a month. The courts at Georai and Manjlegaon and at Patoda and Ashti are linked courts. A civil judge, junior division, presides over for 15 days in a month at Georai and Manjlegaon courts and 20 days at Patoda court. All the civil judges of the junior division are invested with the powers of judicial magistrates, first class.

Criminal Courts

The district judge, Bhir, 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 hears appeals against the decisions of the subordinate magistrates.

The assistant judge also exercises the powers of an assistant sessions judge on the criminal side. Generally, he is invested with the 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. An assistant sessions judge can pass any sentence authorised by law except a sentence of death or of transportation or imprisonment for a term exceeding seven years.

The Bombay Separation of Judicial and Executive Functions Act (XXIII of 1951) has classified the magistracy of the state into two categories, viz., (1) judicial and (2) executive. 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. 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.

Presidency magistrates work in Greater Bombay, and 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 and benches of 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 business among them.

All executive magistrates are subordinate to the district magistrate. Their powers and functions are detailed in paragraphs III-A, IV, and V of Schedule III of the Criminal Procedure Code. Appeals from orders requiring security for keeping the 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 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 refusing to accept or rejecting 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 Section 143 (prohibition of repetition of nuisance), 144 (temporary order in urgent cases of nuisance or apprehended danger), and 145 (procedure where dispute as to. immoveable property is likely to cause breach of the 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 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. They are competent to pass the following sentences: —

(a) Magistrates of the first class—

(1) Imprisonment for a term not exceeding 2 years including such solitary confinement as is authorised by law.

(2) Fine not exceeding Rs. 1,000.

(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.

(c) Magistrates of the third class—

(1) Imprisonment for a term not exceeding one month.

(2) Fine not exceeding Rs. 50.

The Bombay Separation of Judicial and Executive Functions Act came into force on August 1, 1959. Now there are in all six resident magistrates in Bhir district.

Other Law Officers

The following are the other law officers of government functioning in Bhir district—
District government pleader and public prosecutor; assistant government pleader and assistant public prosecutor; the honorary assistant to the district government pleader and public prosecutor; and Sub-government pleaders, one at each of the tahsil places in the district.

Number of Legal Practioners

In April 1961, 68 advocates, 110 pleaders and nine sanadi pleaders were practising in the various civil courts in the district.

Nyaya Panchayats

Under the Bombay Village Panchayats Act (VI of 1933), nyaya panchayats have been formed in a number of villages, and these institutions are empowered to try petty civil suits and criminal cases. The constitution and powers of the panchayats are detailed in Chapter VI, Sections 37 to 58-A, of the Bombay Village Panchayats Act, 1933. 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. There are no nyaya panchayats constituted in the district till to date.

Bar Associations

There are six bar associations in this district, one at the district headquarters and one each at the tahsil places, viz., Georai, Kaij, Ambejogai, Ashti, Patoda and Manjlegaon. The years of establishment and the total membership of each of the associations are given below: —

Statistics of Civil Courts

In the various civil courts in the district, 596 suits were pending at the end of the year 1961. In the year 1962, 957 suits were instituted; 60 suits were revived and one suit was otherwise received; 821 suits were disposed of and 973 suits were pending at the end of the year. Of the 957 suits instituted, 267 suits were either for money or moveable property; 136 were of value not exceeding Rs. 100; 499 were of value above Rs. 100 but not exceeding Rs. 1,000; 235 were of value above Rs. 1,000, but not exceeding Rs. 5,000; 27 of value above Rs. 5,000 but not exceeding Rs. 10,000; 21 of value of above Rs. 10,000, and 39 suits were such that their value could not be estimated in money. The total value of the suits instituted was Rs. 14,63,667.

Out of the 821 suits disposed of, 125 were disposed of without trial; 23 ex parte; 120 on admission of claims; 234 by compromise and 219 after full trial.

There were 544 appeals pending at the end of the year 1961. During the year 1962, 266 appeals were instituted. 448 were disposed of. and 362 appeals were pending at the end of the year.

Of the 448 appeals disposed of during the year 1962, 41 were either dismissed or not prosecuted, 298 confirmed, 23 modified, 63 reversed, 22 remanded for re-trial and one was disposed by transfer.

Statistics of Criminal Courts

In the year 1962, there were 4,250 offences reported in the criminal courts of Bhir district: persons under trial numbered 11,362; persons whose cases were disposed of 7,339; persons discharged or acquitted 4,171; persons convicted 3,002; persons committed to sessions or referred to higher tribunal 146; persons died 11; persons escaped 6; persons transferred to other districts 3; person sentenced to death 1; persons sent to imprisonment for life 5; persons sent to imprisonment 438; persons fined 2,381; persons ordered to furnish bond for good behaviour 121; persons asked to give security 46; and persons released on admonitions 10.

Statistics of Sessions Courts

During the year 1962, 64 offences were reported and 227 persons were under trial in the sessions court. Cases of 171 persons were disposed of during the year; 101 persons were acquitted or discharged and 67 persons were convicted. One hundred and forty-six persons were committed to sessions, 171 persons were tried of whom 101 were acquitted and 67 convicted (one was sentenced to death, 5 imprisoned for life, and 61 were imprisoned) and 3 were transferred for trial to another district.

Revenue and Expenditure

The following are the figures showing the revenue and expenditure of the judicial department in Bhir district for the year 1960: —