LAW, ORDER AND JUSTICE

THE JUDICIAL DEPARTMENT

District judge.

The District Judge, Kolaba, 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 pro" motion 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 case 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 ser-vice [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.

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 in value Rs. 10,000 are taken direct to the High Court.

At Alibag, there are two Courts of the Civil Judge, one of Senior Division and one of Junior Division. There is no permanent Civil Judge, Senior Division, posted at Alibag as the work is insufficient. On the report of the District Judge, the Civil Judge, Senior Division, from outside the district is sent on deputation to Alibag when there is sufficient work for hearing. In absence of the Civil Judge, Senior Division, the charge of that Court remains with the District Judge, who disposes of only urgent matters relating to the jurisdiction of the Court of the Civil Judge, Senior Division. Besides Alibag, there are Courts of Junior Division at eight places namely Pen, Panvel, Karjat, Roha-Pali (linked Courts), Mangaon, Mahad and Murud. The Court of the Civil Judge, Roha, sits at Roha from 1st to 15th of a month and at Pali, from 16th to the end of the month. The period of sitting at Pali is, however, curtailed to 10 days in a month, if necessary. All the Civil Judges are also invested with criminal powers and they are Judicial Magistrates with First Class powers.

Criminal Courts.

The District Judge, Kolaba, is also the Senior 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 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) 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. 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.

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. Appeals from orders requiring security for keeping the peace or for good behavious, 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 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 Session. 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 disputes, 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 (Act V of 1898). 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 July 1, 1953, but there are no Resident Magistrates appointed in Kolaba district.

The Court of the Judicial Magistrate with First Class Powers, Uran, is linked with the Court of the Civil Judge and Judicial Magistrate with First Class Powers, Pen, for criminal work only. Similarly, the Court of the Civil Judge and Judicial Magistrate with First Class Powers, Pali, is linked with the Court of the Civil Judge and Judicial Magistrate with First Class Powers, Roha, for both the works (Civil and Criminal).

Other Law Officers.

The following are the other Law Officers of Government functioning in Kolaba district:―

District Government Pleader and Public Prosecutor, Assistant Government Pleader, One Honorary Assistant to the District Government Pleader and Public Prosecutor and Sub-Government Pleaders, one each at Pen, Panvel, Roha, Mangaon, Murud, Mahad and Karjat.

Number of Legal Practitioners.

In December 1958, there were practising in the various civil courts of the district, 8 advocates, 79 pleaders and 4 sanadi pleaders.

Statistics of Civil Courts.

In Kolaba district, in various Civil Courts, 656 suits were pending at the end of the year 1958, 1,428 suits were instituted and 12 suits were received, "the total being 1,440 suits. At the end of the year 1958, 1,315 suits were disposed of and 781 suits were pending. Out of the 1,428 suits instituted, 1,052 were either for money or moveable property; 567 were involving an amount not exceeding Rs. 100; 729 were of value above Rs. 100 and not exceeding Rs. 1,000; 102 were for amount of above Rs. 1,000 but not exceeding Rs. 5,000 and 10 suits were such, the amount involved in which cannot be estimated in money. The total amount involved in the suits was Rs. 6,74,753.36 nPs.

Out of 1,315 suits disposed of 214 were disposed of without trial, 276 were disposed of ex-parte, 227 were disposed of on admission of claims, 320 were disposed by compromise, 232 were disposed of after full trial, 12 were disposed of on reference to the Arbitrators and the remaining 34 were disposal of by transfer.

There were 128 appeals (including miscellaneous and Debt Adjustment Board appeals) pending at the end of the year 1957. During the year 1958, 84 appeals were filed and 96 appeals were disposed of. At the end of the year 1958, 116 were pending. Out of 96 appeals disposed of during the same year, four were either dismissed or not prosecuted, 64 were confirmed, 12 modified, 14 reversed and two remanded.

Statistics of Criminal Courts.

In the year 1958, 7,662 offences were reported under various Acts in the Criminal Courts of Kolaba district out of which 7,634 offences were returned as true. There were 2,403 offences pending from 1957. Persons under trial including those whose trials were pending from previous year numbered 18,667, persons discharged or acquitted 5,713; persons convicted 5,489; persons committed to the Sessions Court 134; and persons died or escaped 44. Out of 5,489 persons found guilty 3 were sentenced to transportation. 748 to lesser punishment, 3,508 to fine and 516 to fine and imprisonment. Of the remaining 714 persons, 40 were released on ad. monition and 674 were ordered to give security.

Statistics of Sessions Courts.

In Sessions Court, 52 offences were reported during 1958. There were 14 offences pending from the previous year. The number of offences brought to trial was 66 while 45 cases were disposed of at the end of 1958, 21 cases were pending.

There were 229 undertrial persons including prisoners from the previous year. Of these 152 were discharged or acquitted, 44 were convicted and 33 remained undertrial at the end of the year.

In the Sessions Court three persons were sentenced to transportation, 32 to imprisonment, one to fine, three to imprisonment and fine and two were ordered to give security.

Revenue and Expenditure.

The following are the figures showing the revenue and expenditure of the Judicial department in Kolaba district for the year 1958-59: -

BAR ASSOCIATIONS.

In 1960 there were nine Courts in Kolaba district at Alibag, Pen, Panvel, Karjat, Roha, Pali, Mangaon, Mahad and Murud. With the exception of Pen there was a bar association for all the courts. Established in 1864, Alibag Bar Association was the earliest. The Bar Association at Karjat came into existence in 1960. The total membership of these bar associations was 77 in 1960. These associations had for their objects, among others protection of common interests of the members of the bar like maintenance of good relations between the courts and the practising lawyers, to organise legal aid for the poor and generally promote respect for law.

NYAYA PANCHAYATS.

The Nyaya Panchayat will be established for the administration of civil and criminal justice in a group of villages consisting of not less than five in number. It shall consist of one person elected by each Panchayat in the manner prescribed. The Nyaya Panchayat may exercise all or any of the powers mentioned in sub-sections (1) and (2) of sections 73 and 75 of the Bombay Village Panchayats Act, 1958. The State Government may at any time direct that such Nyaya Panchayat shall exercise all or any of the judicial powers mentioned in subsection (3) of section 73 and section 79 of the Bombay Village Panchayats Act, 1958. If, in the opinion of the State Government, a Nyaya Panchayat has been incompetent in the exercise, or has been guilty of the abuse of its powers, the Government may at any time withdraw all or any of the powers vested in, or conferred on, such Nyaya Panchayat.

The State Government has to provide the funds required to meet the expenses of the Nyaya Panchayats in exercising their powers and discharging their functions under the Bombay Village Panchayats Act, 1958.

A Nyaya Panchayat will sit for the hearing of a suit or trial of a case in the village where such suit or case has been instituted. It will be presided over at each such place by one of its members in such order as may be prescribed. The Secretary of the Panchayat of the village where the sitting of the Nyaya Panchayat is held is to act as the judicial clerk of the Nyaya Panchayat for the purpose of recording its proceedings and decisions, and performing such other duties as may be prescribed.

Pleaders, vakils and mukhtyars and advocates or attorneys of a High Court are not permitted to appear on behalf of any party to any suit or case before a Nyaya Panchayat.

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