JUSTICE AND PEACE

THE JUDICIAL DEPARTMENT

District Judge.

THE DISTRICT JUDGE, JALGAON, 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 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 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 establishment and inspects the proceedings of these courts.

In addition to the District Court, there are two other courts in the district presided over by an Assistant Judge and an extra Assistant Judge. Both the Assistant Judges exercise appellate jurisdiction.

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. Civil Judge, Senior Division, also deals with all suits by or against Government arising in the district. 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 in value Rs. 10,000 are taken direct to the High Court.

There are four courts of Civil Judges, one of Senior Division and three of Junior Division at Jalgaon. Out of the three Civil Judges, Junior Division, two Civil Judges, Junior Division, are also Judicial Magistrates, First Class. Outside Jalgaon, there are seven Civil Judges, Junior Division. Of them, two are at Erandol, one is at Yawal, one is at Chopda and one is at Chalisgaon. Of the above seven Civil Judges, Junior Division, the Civil Judges, (Junior Division) at Yawal, Chopda, Erandol and Chalisgaon and the Joint Civil Judges (Junior Division) at Bhusawal and Erandol are Judicial Magistrates, First Class, also.

Criminal Courts.

The District Judge, Jalgaon, 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 and revision applications against the decisions of the subordinate Magistrates.

The Assistant Judge exercises the powers of an Additional Sessions Judge and the Extra Assistant Judge exercises the powers of an Assistant Sessions Judge on the criminal side. 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 Assistant Sessions Judge can pass any sentence authorised by law except a sentence of death or imprisonment for a term exceeding ten 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 Magistrates and (2) Executive Magistrates. Judicial Magistrates are of the following classes: (1) Presidency Magistrate: (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. 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 Magistrates. Their powers and functions are detailed in paragraphs III-A, IV and V of Schedule III of the Criminal Procedure Code (Act V of 1898). 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). Again, under section 406-A of the Code any persons 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 Schedule III, parts I, II and III respectively of the Criminal Procedure Code. They may be invested with additional powers by the State Government in consultation with the High Court and these additional powers are detailed in Schedule IV of the Code, They are competent to pass the following sentences:—

The Bombay Separation of Judicial and Executive Functions Act came into force on the 1st July 1953. There are in all nine Judicial Magistrates in the district, two at Jalgaon, three at Bhusawal, one at Amalner, one at Erandol, one at Pachora and one at Chalisgaon. The Judicial Magistrate, First Class, First Court, Bhusawal, holds his Circuit Court at Raver for four days in every fortnight to try criminal cases arising out of Raver taluka. Similarly the Judicial Magistrate, First Class, Second Court, Bhusawal, holds his Circuit Court at Edlabad for four days in every fortnight to try the cases arising out of Edlabad Peta. The Judicial Magistrate, First Class, Erandol, holds his Circuit Court at Parola for four days in every fortnight to try cases arising out of Parola taluka. The Judicial Magistrate, First Class, Chalisgaon, and the Judicial Magistrate, First Class, Pachora, hold their Circuit Courts at Bhadgaon and Jamner, respectively, for four days in every fortnight to try criminal cases arising out of the said talukas.

Other Law Officers.

The following are the other law officers of Government functioning in Jalgaon district: —

District Government Pleader and Public Prosecutor;

Additional District Government Pleader and Additional Public Prosecutor;

Assistant District Government Pleader and Public Prosecutor; One Honorary Assistant to the District Government Pleader and Public Prosecutor; and

Sub-Government Pleaders, one at each of the following places, viz., Bhusawal, Yawal, Chopda, Erandol and Chalisgaon.

Number of Legal Practitioners.

In December 1957, 16 Advocates and 268 Pleaders were practising in the various Civil and Magisterial 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.

Statistics of Civil Courts.

In Jalgaon district in the various Civil Courts, 1,974 suits were pending at the end of the year 1956. In the year 1957, 4,237 suits were instituted; 4,225 suits were disposed of and 1,986 suits were pending at the end of the year. Of the 4,237 suits instituted, 2,666 [This figure should not be included while totalling the number of suits in the analysis as it is already include4 in the respective figures in the analysis.] were either for money or moveable property, 42 were of value not exceeding Rs. 10; 613 were of value of Rs. 10 to 50; 688 of value of Rs. 50 to 100; 1,716 of value of Rs. 100 to 500; 364 were of value of Rs. 500 to 1,000; 412 of value of Rs. 1,000 to 5,000; and 65 were of value about Rs. 5,000. 337 were of value of which cannot be estimated in money. The total value of the suits instituted was Rs. 27,39,224.07.

Out of the 4,225 suits disposed of, 762 were without trial; 768 ex parte; 228 on admission of claims; 1,309 by compromise; 1,121 after full trial; 33 by transfer and 4 by reference to arbitration.

There were 692 appeals (including Miscellaneous and Debt Adjustment Board Appeals) pending at the end of the year 1956. During the year 1957, 438 appeals were instituted, 408 were disposed of; 722 appeals were pending at the end of the year. Of the 408 appeals disposed of, 46 were either dismissed or not prosecuted; 214 confirmed; 63 modified; 64 reversed and 21 remanded for re-trial.

Statistics of Criminal Courts.

In 1957, there were 20,628 offences reported in the criminal courts of Jalgaon district. Persons under trial numbered 31,753; persons whose cases were disposed of 26,758; persons discharged or acquitted 7,542; persons convicted 19,185; persons died or escaped or transferred to another State 31. Three were sentenced to transportation or penal servitude; 2,817 to imprisonment and 16,091 to fine, and 274 were asked to give security.

Statistics of Sessions Courts.

During the year 1957, in the Sessions Court 47 offences were reported: 172 persons were under trial. Cases of 191 persons were disposed of during the year, 166 persons were acquitted or discharged, 25 persons were convicted. Two hundred and forty persons were committed to Sessions, 191 persons were tried in the Sessions Court, of whom 166 were acquitted and 25 were convicted, and of the latter three were awarded sentence for transportation for life and 22 were imprisoned.

Revenue and Expenditure.

The following are the figures showing the revenue and expenditure of the Judicial Department in Jalgaon district for the year 1957-58; —

Revenue

Expenditure

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