LAW, ORDER AND JUSTICE

JUDICIAL DEPARTMENT

JUDICIAL.

District Judge.

Sangli district was formed after the merger of the Ex-Deccan States on the 1st August 1949. Since then the District Judge, Sangli. is the highest judicial authority in the district and presides over the district court. Under Article 233 of the Constitution of India, appointments, posting and promotion 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 cause court, sessions judge, additional sessions judge and assistant sessions judge.] are to he 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 part of district judge and other civil and judicial posts inferior to the post of district judge.] is made by the Governor in accordance with rides 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 establishments and inspects the proceedings of these courts.

In addition to the District Court, there are located in Sangli two other courts, each presided over by an Assistant Judge. The Assistant Judge exercises both original and 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 civil nature irrespective of the value of the subject-matter. Appeals in suit 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.

There is one court of the Civil Judge (Senior Division) at Sangli, which is assisted by a Joint Civil Judge (Senior Division). Besides these two Courts, there are three Courts of Joint Civil Judges (Junior Division) and Judicial Magistrates, First Class, at Sangli.

Outside Sangli, there are courts of Civil Judge (Junior Division) and Judicial Magistrate, First Class, at Miraj, Islampur, Tasgaon and Vita and are assisted by Joint Civil Judges (Junior Division) and Judicial Magistrates, First Class. At present there is a Second Joint Civil Judge (Junior Division) and Judicial Magistrate, First Class, at Miraj who presides over the linked court at Jath. There are Criminal Circuit Courts at Atpadi, Shirala and Kavathe Mahankal in the district.

Criminal Courts.

The District Judge, Sangli, is also the Sessions Judge of the district. The Sessions Judge tries criminal cases which are committed to his court by Judicial Magistrates after preliminary enquiry and hears appeals against the decision of subordinate magistrates.

In addition to the Sessions Judge, there are two Additional Sessions Judges. These posts of Additional Sessions Judges are held by the Assistant Judge, on the civil side. The Sessions Judge and Additional Sessions Judges can pass any sentence authorised by law, but any sentence of death passed by them is subject to confirmation by the High Court. One of the Assistant Judges and Additional Sessions Judges is also appointed as Special Judge for disposing of criminal cases under the Criminal Law Amendment Act (XLVT of 1952).

Executive and Judicial 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 arc 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 to sit together as a bench and invest it with the powers of a Magistrate of any 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. Appeals from orders requiring security for keeping the peace or for good behaviour 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 for 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 Criminal Procedure 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 disputes as to immoveable property are likely to cause breach of the peace), even though such proceedings were before an Executive Magistrate.

The ordinary powers of the Magistrates of the Third, Second and First Class, are detailed, respectively, in Parts I, II and III 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: -

After the effective application of the Bombay Separation of Judicial and Executive Functions Act. criminal justice is dispensed by Judicial Magistrates or Civil Judges-cum-Judicial Magistrates. At present (October 1963), two Joint Civil Judges (Junior Division) and Judicial Magistrates at Sangli dispense with Criminal work. The Joint Civil Judges (Junior Division) and Judicial Magistrates, First Class, at Miraj, Islampur, Tasgaon and Vita dispense with the criminal work. There are no separate Courts of Judicial Magistrates only, in the district. The district has four Honorary Magistrates including two ladies.

Other Law Officors.

The following are the other Law Officers of Government functioning in Sangli district (October 1963): —

(1) District Government Pleader and Public Prosecutor;

(2) Assistant Government Pleader and Assistant Public Prosecutor;

(3) Second Assistant Government Pleader and Second Assistant Public Prosecutor;

(4) Honorary Assistant to the District Government Pleader and Public Prosecutor.

There are also Sub-Government Pleaders at Islampur, Miraj, Tasgaon and Vita.

In addition there are 217 legal practitioners practising in the district.

Bar Associtions.

There is a District Bar Association at Sangli since the formation of the district. The total membership of the Association in October 1963 was 95. It has its own Bar Library.

Besides the District Bar Association at Sangli, there are Bar Associations at Islampur, Miraj, Tasgaon, Vita and Jath in the district. The dates of establishment and the membership of these Bar Associations are as under: —

The Bar Associations at Islampur, Miraj. Tasgaon and Jath have their own libraries. The Bar Association at Vita, however, has a combined Court-cum-Bar Library.

Nyaya Panchayats.

Under the Bombay Village Panchayats Act (VI of 1933), Nvaya Panchayats have been formed in a number of villages, and these institutions arc empowered to try petty civil suits and criminal cases. These powers are detailed in the section relating to village panchayats. Appeals from these courts are allowed to the District Court in civil suits and to the Sessions Court in criminal cases.

Statistics of Courts.

In the various Courts of Sangli district, at the beginning of the vear 1962. there were 1,711 suits pending. During the same year 1.779 suits were instituted and 1,660 suits were disposed of and the number of suits pending at the end of the year was 1,830 (39 revived and 12 otherwise received).

Of the 1.779 suits instituted, 95 were for money or moveable property. 440 were of value not exceeding Rs. 100; 958 were of value above- Rs. 100 but not exceeding Rs. 1.000; 213 were of value above Rs. 1,000 but not exceeding Rs. 5,000 and 64 were of value above Rs. 5.000. The total value of suits instituted was Rs. 21,85,089.99.

Out of the 1,660 suits disposed of, 347 were disposed of without trial: 195 ex parte, 45 on admission of claims; 323 by compromise; 714 after full trial; 36 by transfer.

Their were 482 appeals (including Miscellaneous and Debt Adjustment Board appeals) pending at the beginning of the year 1962. During the same year 462 appeals were instituted and 498 disposed of. The number of appeals pending at the end of the year was 446.

Of the 498 appeals disposed of, 220 were dismissed or not prosecuted: 194 confirmed, 28 modified: 30 reversed; and 26 remanded for retrial.

In Sessions Court, 72 offences were reported during the year 1962. The number of persons under trial was 186. The cases of 155 persons were disposed of during the year. Of these 96 persons were acquitted or discharged and 59 were convicted. Of the 59 convicted, three persons were awarded death sentence, 18 were sentenced to transportation or penal servitude and 38 to imprisonment.

Revenue and Expenditure,

The revenue and expenditure of the Judicial Department in Sangli district for the year 1962-63 were as follows: —

TOP