Report No. 77

13. Some general suggestions

(77) To draw talented young persons to the judicial service, scales of pay and other facilities in respect of judicial officers should be such as to provide a decent standard of living.1

1. Para. 13.1.

(78) To enable judicial officers to meet the various kinds of situations that they have to face in court, there should be a course of training for all judicial officers before they start functioning1

1. Para. 13.2 (See also para. 9.8).

(79) Adequate court rooms, equipped with proper facilities and sufficient accommodation, should be provided. These should be suitably furnished and provide with a sufficient number of hooks. There should also be provision for a bar room and waiting pace for the litigants.1

1. Para. 13.3.

(80) Providing residential accommodation to judicial officers is of great importance. There should be sufficient number of residential houses for judicial officers, which should be at the disposal of, and be allotted by the District Judge.1

1. Para. 13.4.

(81) In big cities three or four vans should be placed at the disposal of, and be allotted by, the District Judge for bringing judicial officers to the court and for taking them back to their homes.1

1. Para. 13.5.

(82) In all matters in which an appeal or revision is filed against an interlocutory order, the appellate or revisional court should ensure that such an appeal or revision is disposed of within a reasonable length of time.1

1. Para. 13.6.

(83) It should be ensured that the record of the trial court is sent back within 10 days of the judgment,7 in appeal or revision against interlocutory orders. Similar course should be adopted if the case is remanded on appeal etc., to trial court.1

1. Para. 13.7.

(84) Judicial officers should be provided with stenographers for dictating judgments.1

1. Para. 13.8.

(85) Evidence in courts of District and Sessions Judges should normally be typed, so that carbon copies of deposition can be supplied immediately to the parties.1

1. Para. 13.9.

(86) Long delays take place in the grant of copies of judgments and depositions. These can be cut short if, instead of typing, the whole thing is done by mechanical or electronic process.1

1. Para. 13.10.

(87) Miscellaneous applications should be disposed of immediately after giving notice. The orders passed thereon should not be unduly long or elaborate.1

1. Para. 13.11.

(88) Where carbon copy of the judgment is not available, certified copies by mechanical or electronic process should be supplied within 15 days. Carbon copies, if ready, must be furnished immediately under Order 20, rule 6B, C.P.C.1

1. Para. 13.12.

(89) In statistical abstracts, credit should be given for civil cases in which there is a compromise and criminal cases in which there is a compounding of the offence.1

1. Para. 13.13.

(90) Judicial officers who are unpunctual bring a bad name to the judiciary. To ensure punctually, it is necessary that the District Judge should pay surprise visits to the different courts and take necessary action against those who are recalcitrant.1

1. Para. 13.14.

(91) False statements on oath and false averments in affidavits should not be tolerated. Whenever a clear case of falsehood becomes manifest necessary action against the delinquent might be taken in accordance with law.1

1. Para. 13.15.

(92) Some of the suggestions made in this Report would necessitate the allocation of more funds by the State for the administration of justice. This cannot, in the very nature of things, be helped and the government should not be loath to do the needful for this purpose. Due and proper dispensation of justice is one of the most essential functions and obligation of the State. The State cannot evade or shirk its responsibility in this behalf on grounds of economy.1

1. Para. 13.16.

(93) If matters come to the Commission's notice necessitating further recommendations, a supplementary report would be sent.1

1. Para. 13.17. 8. 9. 10.

H.R. Khanna, Chairman.

S.N. Shankar, Member.

T.S. Krishnamoorthy Iyer, Member.

P.M. Bakshi, Member-Secretary.

New Delhi,
Dated: 27th November, 1978.