LAW, ORDER AND JUSTICE

JUDICIAL DEPARTMENT

District Judge.

The district judge, Dhulia, 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 [Under 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 and judicial posts inferior to the post of 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. Under Article 235 the control over the district court and the courts subordinate to it, including the postings and promotions 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 upto 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.

The district court consists of the court of the assistant judge also. The assistant judge exercises both original and appellate jurisdiction.

Subordinate to the district judge are two cadres of civil judges, senior division and junior 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.

At Dhulia, there are six courts of civil judges, one of senior division and five of junior division. Besides Dhulia, there are courts of civil judges (junior division) at Amalner, Nandurbar, Sakri, Shahada, Shirpur, Sindkheda and Taloda. All the civil judges (junior division) are also judicial magistrates, first class, within their respective jurisdiction.

Criminal Courts.

The district judge, Dhulia, is also the sessions judge of the district. Criminal Courts. 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 sessions judge has also the jurisdiction to try criminal cases falling under section 198-B of the Criminal Procedure Code. The additional sessions judge is appointed by the State government as a special judge for disposing of cases under the Bombay Prevention of Corruption Act (Bombay Act III of 1947), read with Section 161 of the Indian Penal Code. The assistant judge also exercises the powers of an additional sessions judge on criminal side. The sessions judge and additional sessions judge can pass any sentence authorised by law, but any sentence of death passed by them is subject to confirmation by the high court.

The separation of the judiciary from the executive was effected in the district from July 1, 1953. In 1964, there were in all 10 judicial magistrates of the first class in Dhulia district. Out of them, 3 at Dhulia and 1 at Nandurbar were exclusively judicial magistrates and the remaining at Shirpur, Nandurbar, Shahada, Taloda, Sakri and Sindkheda were civil judges and judicial magistrates of the first class.

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 business among them.

There is a circuit court at Dhadgaon to dispose of criminal cases arising out of Akrani mahal. No independent magistrate is posted there. The civil judge (junior division) and judicial magistrate, first class, Taloda, deals with the criminal cases of that court by sitting at Taloda from 1st July to 15th October and by going on deputation to Dhadgaon for one week in a month from 16th October to 30th June every year. Similarly, no independent judicial magistrate is posted for the criminal court at Nawapur for disposal of criminal cases arising out of Nawapur taluka. One judicial magistrate from Dhulia goes on deputation to Nawapur, for two weeks in a month for disposal of criminal eases of that court.

Other Law Officers.

Besides, district government pleader, public prosecutor, and two assistant public prosecutors were functioning at Dhulia.

There is a sub-governrnent pleader working at each taluka head- quarters in the district.

Legal Practitioners.

In August 1965, there were 167 legal practitioners practising in various civil and criminal courts in the district.

Bar Associations.

There were seven associations of lawyers in the district located at Dhulia, Shirpur, Nandurbar, Shahada, Taloda, Sakri and Sindkheda. The objects of the associations are-

(i) to promote contacts among the members of the legal profession;

(ii) to guard the honour and status of the members, as members of the profession;

(iii) to send representatives and deputations to the authorities concerned in connection with legislative and other cognate matters affecting the public in general and legal profession in particular, and

(iv) to take steps to secure greater efficiency and public confidence in the administration of justice.

Nyaya Panchayats.

Under the Bombay Village Panchayats Act, Nyaya Panchayats have been formed in the district. 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 37 to 58-A of the Bombay Village Panchayats Act, 1958. A revision lies with the district court against a decree passed by a Nyaya Panchayat, in any suit or with the sessions court against any order in any case.

Statistics of Civil Courts.

In various civil courts in Dhulia district, 1,728 suits were pending at the beginning of the year 1964. During that year, 3,119 suits were instituted, 2,948 suits were disposed of and 1,899 suits were pending at the end of the year.

Of 3,119 suits instituted, 95 suits were either for money or moveable property; 1,010 were of value not exceeding Rs. 100; 1,603 were above Rs. 100 but not exceeding Rs. 1,000; 300 were above Rs. 1,000 but not exceeding Rs. 5,000 and 111 of the value above Rs. 5,000. The total value of the suits instituted was Rs. 63,44,375.07 paise.

Out of 2,948 suits disposed of, 453 were disposed of without trial; 597 ex-parte ; 284 on admission of claims; 857 by compromise: 690 after full trial and 64 by transfer and 3 on reference to arbitration.

There were 359 appeals (including miscellaneous and B. A. D. R. appeals) pending at the beginning of the year 1964. During the same year 408 appeals were instituted and 371 disposed of. The number of appeals pending at the end of the year was 396.

Of 371 appeals disposed of, 53 were either dismissed or not prosecuted, 222 confirmed; 30 modified; 60 reversed and 6 remanded for trial.

Statistics of Criminal Courts.

In the year 1964, 19,709 offences were reported in the criminal courts of Dhulia district. Persons under trial numbered 34,177; persons discharged or acquitted, 7,215; persons convicted, 13,120; persons committed to Sessions Court, 203; persons died or escaped or transferred to other States, 16. Of 13,120 persons found guilty, 1968 were sentenced to imprisonment and 10,612 to fine. Of the remaining 540 persons, 143 were released on admonitions, 63 were given benefit under the Bombay Probation of Offenders' Act and 334 were ordered to give security.

Statistics of Sessions Court.

In the sessions court, 74 offences were reported during 1964. Persons under trial numbered 322; cases of 272 persons were disposed of during the year. Number of persons acquitted or discharged was 152; 120 persons were convicted of whom 22 were sentenced to imprisonment for life and 96 were sentenced to imprisonment. Of these 2 were ordered to furnish security.

Revenue and Expenditure.

The revenue and expenditure of the Judicial department in Dhulia district for the year 1964-65 were as follows:-

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