JUSTICE AND PEACE

the JUDICIAL DEPARTMENT.

District Judge.

THE DISTRICT JUDGE, RATNAGIRI, 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 courts and the courts subordinate thereto 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 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 establishment and inspects the proceedings of these courts.

There is no permanent Assistant Judge attached to the District Court, Ratnagiri. Whenever work increases, appointment of an Assistant Judge is made temporarily. Since June 9, 1958, an Assistant Judge and Additional Sessions Judge is temporarily appointed in this court.

Subordinate to the District Judge there 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.

There are in all 12 civil courts under the control of the District Judge, Ratnagiri. At Ratnagiri there is one civil court of senior division. Outside Ratnagiri there are the courts of the Civil judge (Junior Division) and the same are located at Dapoli, Khed, Chiplun, Devrukh, Rajapur, Deogad, Kankavli, Malvan, Vengurla, Sawantwadi and Kudal. The civil courts of Dapoli-Khed, Kankavli-Deogad and Vengurla-Kudal are linked courts and one judge presides over two courts by rotation. The civil judge at Dapoli-Khed, Kankavli-Deogad and Vengurla-Kudal are also ex-officio Magistrates of the first class and they look after criminal proceedings.

There is one court of a Judicial Magistrate of the First Class at Chiplun.

Criminal Courts.

The District Judge, Ratnagiri, is also the Sessions Judge of the district. The Sessions Judge tries criminal cases which are committed to his court by the civil judge-cum-judicial magistrates and by judicial magistrates after preliminary enquiry and hears appeals against the decisions of the subordinate magistrates.

The present Assistant Judge exercises the powers of an Additional 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. 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.

Separation of Judicial and Executive Functions.

The Bombay Separation of Judicial and Executive Functions Act (XXIII of 1951) has classified the magistracy of the State into two categories, viz., Judicial Magistrates and Executive Magistrates. Judicial Magistrates are of the following classes:-Presidency Magistrates; Magistrates of the First Class; Magistrates of the Second Class; Magistrates of the Third Class; and Special Judicial Magistrates. Executive Magistrates fall under the following classes:- District Magistrates; Sub-Divisional Magistrates; Taluka Magistrates; Presidency Magistrates specially empowered by the State Government; and 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 Magistrate. 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, he from Executive Magistrates to the Court of Session (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 Session. 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 dispute as to immovable 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.

The Bombay Separation of Judicial and Executive Functions Act came into force on the 1st July 1953. There is only one post of the Judicial Magistrate of First Class at Chiplun and it is at present (October 1958) kept vacant.

Other Law Officers.

The following are the other law officers of Government functioning in Ratnagiri district:-

District Government Pleader and Public Prosecutor;

Assistant Government Pleader;

Assistant Public Prosecutor; and

Sub-Government Pleaders, one at each of the following taluka places:-

Dapoli, Khed, Chiplun, Devrukh, Rajapur, Deogad-Kankavli, Malvan, Vengurla, Sawantwadi and Kudal.

In December 1957, one Advocate and 140 Pleaders were practising in the various Civil Courts in the district.

Number of Legal Practitioners.

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 Ratnagiri district, in the various Civil Courts and in the District Court, 1,579 suits were pending at the end of the year 1956. In the year 1957, 1,414 suits were instituted (1,389 in Civil Courts and 25 in District Court) and 39 suits were received either as revived or received otherwise. 1,509 suits were disposed of and 1,523 suits were pending at the end of the year 1957. Of the 1,414 suits instituted, 711 were either for money or movable property. Out of the total number of 1,414 suits, 648 were of value not exceeding Rs. 100, 632 were of value above Rs. 100 but not exceeding Rs. 1,000, 89 were of value above Rs. 1,000 but not exceeding Rs. 5,000, 17 were of value above Rs. 5,000 and 28 suits the value of which cannot be estimated in money. The total value of 1,414 suits instituted was Rs. 5,19,399.33.

Out of 1,509 suits disposed of, 311 were disposed of without trial (140 under order IX, rules 3 and 8 Civil Procedure Code and 171 otherwise), 323 exparte, 141 on admission of claims, 187 by compromise, 521 after full trial and 26 by transfer.

There were 300 appeals (including Miscellaneous and Debt Adjustment Board Appeals) pending at the end of the year 1956. During the year 1957, 194 appeals (including Miscellaneous and Debt Adjustment Board Appeals) were instituted; 146 were disposed of and 348 appeals were pending at the end of the year 1957.

Of the 146 appeals disposed of during the year 1957, 13 were either dismissed or not prosecuted; 69 confirmed, 19 modified, 31 reversed and 14 remanded for retrial.

In 1957, there were 4,508 offences reported in the Criminal Courts of the Ratnagiri district. Persons under trials numbered 14,269; persons whose cases were disposed of 8,640; persons discharged or acquitted 5,654; persons convicted 2,865; persons committed to Sessions or referred to higher tribunals 81; persons died or escaped or transferred to another courts 30; persons imprisoned 800 and persons fined 2,220 (out of 2,220, 464 were also sentenced to imprisonment); 259 were asked to give security and 60 were released on due admonition.

Statistics of Sessions Courts.

During 1957, in the Sessions Court 24 offences were reported, 111 persons were under trials. Cases of 79 persons were disposed of during the year, either by acquitting, discharging or convicting. Out of 79 persons, four were awarded transportation for life, 5 were imprisoned and two were fined and imprisoned.

Revenue and Expenditure.

The following are the figures showing the revenue and expenditure of the Judicial Department in Ratnagiri district for the year 1857-58:-

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