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Report No. 14

Table II

Civil Jurisdiction

Name of the State Pecuniary Jurisdiction Pecuniary Jurisdiction by consent of parties Whether the jurisdiction in exclusive or concurrent Nature of enquiry Court-fee Nature of Suits triable Control by superior courts Whether legal practitioners are permitted or not

1

2

3

4

5

6

7

8

9

Andhra Up to Rs. 250 Any Civil Suit Exclusive Same as in Madras Dismissal for default, ex parte decisions, addition of parties, impleading L.Rs.setting aside ex parte decrees and revival of suits permitted. Summoning of witnesses residing within its jurisdiction. By rules to be made by the State Government.

(i) A Suit for money due on contract other than a contract in respect of immovable property.
(ii) A suit for recovery of movable property or for the value thereof.
(iii) A Suit for compensation for wrongfully taking or injuring movable property.
(iv) A suit for damages causes by cattle trespass
(v) A suit for damages for malicious prosecution in the Adalat.
(vi) A suit for recovery of rent in cash or kind.
D.J. May set aside or modify decree or direct retrial by the same or any other court. He may with the approval of the State Govt. delegate his powers to an Additional District Judge or additional District Judge, sub judge or additional sub judge.
Not permitted.
Bihar Upto Rs. 100 Rs. 200 when specially empowered Any suit triable by a Civil Court subject to be prescribed by the state Government. Exclusive Finding to be in writing. Upto Rs. 10-0-8-0 Rs. 10-25-50 Rs. 2 Rs. 50-200-0-8-0 for Rs. 10 or part thereof. Above Rs. 200-0-12-0 for every Rs. 10 or part thereof. (i), (ii), (iii), and (iv) Appeal to full Bench. Not permitted.
Bombay Up to Rs. 25 Up to Rs. 100 Exclusive Majority decision. In Case of equal division presiding member will have a casting vote. Settlement by oath or compromise permitted. Instalment decretal amount permitted. No arrest in execution of decree. (I),(ii) and (iii) Appeal lies to the D.J. Not permitted.
Hyderabad Up to Rs. 25 Up to Rs. 100 Exclusive Do. (i) But not including suits for rent of agricultural land.(i), (ii) and (iii) Appeal lies to the D.J. Not permitted.
Madhya Pradesh Up to Rs. 100(Govt. May enhance up to Rs. 500 Up to Rs. 500 Exclusive Majority decision. In case of equal division presiding member will have a casting vote. Settlement by oath or compromise permitted. Installment decree and interest on decretal amount permitted. No arrest in execution of decree. Interest and installment decrees. False case Rs. 100Compensation to defendant. D.J. May revise. Cancel jurisdiction whereupon the court cannot become seized of the matter. Not permitted.
Madras Up to Rs. 100, Rs. 500 in case of Village Courts. (may be Extended to Rs. 100 by notification in the gazette) Upto Rs. 200 Exclusive Set off permitted. Decree on oath allowed ,judgment may be delivered on admission of claim Decree in terms of compromise allowed. C.P.C. And I.E.A. Applicable. Installment decree permitted. Oath permitted. No Court fee. (i), (ii) and suit for tax or other sum due to a local authority whether on balance of account or otherwise. Dt. munsiff may transfer suit for tax or other sum due to a local authority whether or balance of account or otherwise. Not permitted.
Orissa Up to Rs. 25, up to Rs. 100 when specially empowered by State Government .. Exclusive Adalat may act as an arbitrator. C.P.C. And I.E.A. Not applicable. Majority decision. Decree in terms of compromise permitted. Dismissal for default and restoration.Ex parte decision. To add parties and Lrs. Installment decrees. Up to Rs. 10-0-0-4-0 Rs. 10 to Rs. 25.-8-0 Rs. 25 to Rs. 50, Re. 1 to Rs. 50 to Rs. 200.-4-0 for every Rs. 10 or part thereof. (i), (ii) and (iii) Revision by the Dt. Munsiff may cancel or modify decree or order retrial. Not permitted.
Punjab Up to Rs. 200 and Rs. 100 in suits under the Punjab Tenancy Act (Rs. 500 and Rs. 200 where the Panchayat have been given enhanced jurisdiction.) .. Exclusive C.P.C. And I.E.A. Shall not apply. Memorandum of proceedings to be maintained. Oath permitted. May add parties. Dismissal for default and restoration. Ex parte decision and rehearing. Installment payments. Court-fees raising from Rs. 1 to 5 on suits upto Rs. 250 and Rs. 250 and Rs. 10 on suits valued above. (i), (ii), (iii) and suits under certain sections of the Punjab Tenancy Act, 1887. Revision by the Dt. Munsiff may cancel or modify decree or order retrial. Not permitted.
Rajasthan Up to Rs. 100 .. Concurrent Settlement by oath or compromise permitted. Payment of decretal amount in installments permitted. C.P.C. And I.E.A. Not applicable. Parties to produce their own evidence usally. To Add parties and Lrs. Ex parte decisions and dismissal for default. Restoration of suits. Prescribed fees (i),(ii),(iii) and (iv) Revision by D.J. For failure of justice. Not permitted.
Rajasthan Upto Rs. 100 .. Concurrent Settlement by oath or compromise permitted. Payment of decretal amount in installments permitted. C.P.C. And I.E.A. Not applicable Parties to produce their own evidence usually. To add parties and Lrs. Ex parte decisions and dismissal for default. Restoration of suits. Prescribedfees (i), (ii),(iii) and (iv) Revision by D.J. Appeal lies to Tehsil Panchayat. Not permitted.
Travancore-Cochin. Upto Rs. 100 Upto Rs. 200 Exclusive Settlement of claim in terms of agreement into on oath permitted. Set off allowed. Evidence to to recorded. Interest on decree allowed. C.P.C. To apply generally. Dt. Munsiff may transfer suits from one village court specially empowered may arrest in execution of decree. Alternatively by issue of prohibitory orders. Majority decision. 5 per cent. Subject to a minimum of one anna. (I) and (ii) Revision by Dt. Munsiff for corruption, partiality, misconduct etc. Permitted.
Uttar Pradesh Upto Rs. 100 (State Govt. may raise this to Rs. 500) Ny suit Exclusiv Majority decision will prevail. Munsiff may transfer suit to any other Nyaya Panchayat or try it himself or transfer it to another Munsiff. C.P.C. And I.E.A. Do not apply except as provided. Dismissal for default and ex partr disposal. Restoration and rehearing. (i), (ii), (iii) and (iv) Revision by minsiff. Not permitted.
West Bengal Up to Rs. 100 .. Exclusive C.P.C. and I.E.A. Not applicable. Decretal amount may be allowed to be paid in installments. Dismissal default and restoration. Ex parte and rehearing. To determine and add parties and L.Rs. Written decision. Majority decision to prevail(President has casting vote.) (i), (ii), (iii) and (iv) Revision by munsiff for failure of justice. Not permitted.

Table III

Criminal Jurisdiction

Name of the State Nature of offences triable Nature of enquiry and powers Whether the Jurisdiction is exclusive or concurrent Punishment3 Court-fee Control by superior courts Whether legal practitioners permitted or not
1 2 3 4 5 6 7 8
Assam All offences specified under section 83 of the Act (XXVII of 1948). Substance of evidence to be recorded. Majority decision to stand. In casting vote. Admonition of youthful offenders. Award of compensation up to Rs. 25 out of the fine to accused for false or vexation us proceedings. Bond for keeping the peace; fine of Rs. 100 for violation or non-execution of bond. Cr. P.C. and I.E.A., not applicable. Exclusive fine upto Rs. 250. No imprisonment either substantive or in default of fine Prescribed fee. No appeal, revision by the session judge (or the addl. S.J. or the Asst. S.J. or the Asst. S.J. if authorised). Not permitted.
Bihar All offences specified under section 62 of the Act (VII of 1948). Exercises third class magisterial powers. Should try to bring about amicable settlement between contending parties except in case arising out of noncompondable offences. Sub-Divisional magistrate can transfer cases to another magistrate or to himself or can quashes proceedings fresh case has to be field in the S.D.M. Quashes proceedings fresh case has to be field in the S.D.M. Court. Cr.P.C. And I.E.A., not applicable. Power to bind over for 15 days for breach of peace subject to confirmation by S.D.M. Concurrent Powers of 3rd Class Magistrate. Rs. 1 S.D.M. Can Quash the proceedings. Party can move afresh in regular Court. Not permitted.
Bombay All offences specified in section 41 of the Act (VI of 1933). Compensation to complainant from the amount of fine allowed. Compensation to the accused up to Rs. 5 for false, vexatious frivolous case permitted. Youthful offenders to be merely admonished. Compounding of cases permitted. Cr. P.C. and I.E.A., not to apply. Exclusiv Maximum limit of fine is Rs. 40 The limit varies according to the anture of the offence, as provided No Simple or rigorous imprisonment either substantive or in default of fine. .. Appealies to the Session Judge. S.J. May quash proceedings. Not permitted.
Hyderabad All offences mentioned in section 87 of the Act (VIII of 1951) First offenders may be released on probation or good conduct. Youth full offenders to be admonished. Compensation to the accused up to Rs. 5 permitted if case is proved to be false etc. Compounding of offences permitted. Execlusive Fine up to Rs. 25 or double the amount of loss subject to a maximum of Rs. 50 and certain specified amounts No imprisonment. D. Appeals lies to the District Magistrate. Not permitted.
Madhya Pradesh All offences specified in the Schedule to Act I of 1947. First offenders may be released on probation of good conduct. Youthful offenders may be let of with an admonition; or father or guardian to execute bond. Compensation to accused up to the complainant for loss or damage caused by the offence-allowed. Majority decision; in case of division the Presiding Officer shall have casting vote. Concurrent Fine up to Rs. 50 (IPC cases) Rs. 50 or less as specified under other Acts. Revisions by sessions Judge. May cancel Jurisdiction. Not permitted.
Madras All offenders mentioned in section 76 of the Act (XV of 1948). .. Concurrent As prescribed in the explanation to section 76(1) of the Act. .. No appeal. D.M. Or S.D.M. May set aside any conviction on the ground of corruption, gross partiality, misconduct or gross miscarriage of justice by the Court. Not permitted.
Orissa All offences mentioned in section 64 of the Act(XV of 1948) Compensation to complainant out of fine. Compensation to the accused up to Rs. 25 if case is false etc. and in default simple imprisonment upto seven days. Majority decision to prevail. (bench to consist of one pancha from the local area in which any one of the parties reside and one who resides in a different local area. Exclusiv Fine Upto Rs. 50 or double the amount of loss or damage whichever is higher in default of payment within 30 days imprisonment for 14 days. Release on admonition.(Specially empowered Panchayat may fine up to Rs. 100 and impose one month imprisonment in default. Revision by Sessions Judge. May cancel Jurisdiction. Not permitted. Not permitted.
Punjab All offence mentioned in sch. I to the Act (XXI of 1953). Power to take bond for 500 from accuse for his appearance. Cr. P.C. And I.E.A not applicable. Compensation to the accused up to Rs. 50 if the case is proved to be false etc. Compensation to complainant to Complainant out of fine. Execlusive Discharge after admonition. Bond for Rs. 100 for 12 months not to repeat the offence. Fine up to Rs. 100 or damage which ever is higher. Direct parent to execute bond for good behaviour of offender. Rs. 1 Revision by the District Magistrate. Not permitted.
Rajasthan All offences mentioned in sch. I to the Act (XXI of 1953). Compensation out of fine to the complainant. Compensation upto Rs. 5 to the accused for false case etc. Youthful Offenders may be let off with admonition. Summary dismissal of complaints permitted. Concurrent Fine upto Rs. 50 and simple imprisonment only in default of payment (one day for every Rs. 2). Appeal to Tehsil Panchayat. Revision by session Judge. Not permitted.
Travancore-Cochin No criminal Jurisdiction.
Uttar Pradesh All offences mentioned in section 52 of the Act (XXVI of 1947) Compounding allowed. compensation to the complainant of a portion or whole of the fine allowed for material loss or damage etc. Compensation upto Rs. 25 to the accused for false cases etc. First offenders may be released on probation of good conduct. Cr. P.C. And I.E.A., not applicable. Exclusive Fine upto Rs. 100 Revision by sub-Divisional Magisterial. Not permitted except where a person is arrested and is detained in custody.
West Bengal All offences mentioned in Schedule III A and B of the Act (1 of 1957) Compounding of offences permitted. First offenders may be released on probation of good conduct. IE.A. Not applicable. Compensation to Complainant may be awarded out of Rs. 25 to the accused for false case. Specified provisions of Criminal Procedure Code applicable. Exclusive Fine upto Rs. 50 No imprisonment. No. C.F. Revision by District Magistrate or S.D.M. On the ground ground of miscarriage of justice. Not permitted.

15. Number of cases disposed of.-

It is necessary now to turn to the number of cases disposed of by these panchayat courts in various States so that we may know to what extent they have justified the expectation of the Civil Justice Committee of their being able to relieve the regular courts of a large amount of their petty work.

In a note prepared by the Joint Director, Panchayats, Uttar Pradesh handed over to us, it is stated that after the Panchayat Raj Act of 1947 the Panchayati Adalats in that State had during their life-time of nearly six years disposed of as many as 18,94,440 cases out of a total of 19,14,098 cases instituted before them. The figures of suits disposed of by these courts in other States are also considerable. In the State of Madras, these courts disposed of 40,635 suits in the year 1953 and 30,000 suits in the year 1954. The Tables below show the disposals of civil suits in these courts in the years 1953 and 1954 and the disposal of criminal proceedings in the years 1954 and 1955 in eight of the States, the complete figures of which only have been made available to us.



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