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Report No. 14

14. Jurisdiction of subordinate courts.-

Courts of district judges are the principal civil courts of original jurisdiction in the districts and have jurisdiction to try suits valued above Rs. 20,000. The lower judiciary apart from the munsifs has been divided into subordinate judges and civil judges, the former exercising original jurisdiction in suits valued upto Rs. 10,000 and small cause jurisdiction in suits valued upto Rs. 500 (in the case of selected judges) and the latter having original jurisdiction upto Rs. 20,000 (which may be raised upto Rs. 50,000) and appellate jurisdiction upto Rs. 3000. This new cadre of civil judges was created by the Mysore Civil Courts (Amendment) Act (XXIII of 1955). The Civil Judges have also been invested with the powers of the district magistrates under the scheme of the separation of the judiciary from the executive.

Table No. 1

1953-54

1954-55

1955-56

Nature of Proceeding

Pending at the beginning

Institutions

Disposal

Pending at the beginning

Institutions

Disposal

Pending at the beginning

Institutions

Disposal

*Pending on.-1-1957

1

2

3

4

5

6

7

8

9

10

11

Civil

First Appeal

570

357

103

824

356

46

1134

210

620

868

Second Appeals

879

688

657

910

614

502

1022

560

301

1503

Miscellaneous Appeals

37

92

86

43

75

61

57

80

88

70

Civil Revision Petition

300

751

704

347

629

529

447

751

437

1036

Civil Petitions

62

186

167

81

155

146

90

159

140

134

Writs Petitions

19

129

76

72

173

114

131

257

169

182

Civil Referred Cases

..

2

1

1

31

31

1

1

..

1

Incom.-Tax Referred Case

..

..

..

..

..

..

..

4

..

5

Criminal

Criminal Appeals

47

104

86

65

95

54

106

92

139

135

Criminal revision Cases

9

17

25

1

30

23

8

21

23

9

Criminal Revision Petitions

72

332

349

55

405

316

144

423

448

147

Criminal Petitions

2

258

241

19

299

293

25

400

348

34

Criminal Referred Cases

2

10

10

2

9

4

7

3

8

4

Contempt of Court Cases

1

15

2

14

3

15

2

11

6

8

Miscellaneous Appeals

..

..

..

..

..

..

..

..

..

1

*. Does not include appeals and matters received by transfer under section 62 of the S.R. Act from the High Courted of Bombay, Madras and Hyderabad

Table No. 2

Year of Institution

Nature of proceeding

1950-51

1952-52

1952-53

1953

1954

1955

1956

Total

Remarks

1

2

3

4

5

6

7

8

9

10

Civil

First Appeals

8

37

57

73

180

106

107

568

Does not include the appeals and other matters received by transfer under section 62 of the S.R. Act from the High Court of Bombay, Madras and Hyderabad.

Second Appeals

40

101

232

347

295

488

1503

Miscellaneous Appeals

..

..

1

2

4

7

56

70

Civil Revision Petitions

..

1

1

8

96

300

630

1036

Civil Petitions

..

..

2

1

15

17

99

134

Writs Petitions

..

..

..

..

7

41

134

182

Civil Referred Cases

..

..

..

..

1

..

..

1

Income-tax Referred Case

..

..

..

..

..

2

3

5

Criminal

Criminal Appeals

..

..

..

4

..

1

130

135

Criminal Revision Cases

..

..

..

..

..

1

8

9

Criminal Revision Petitions

..

..

..

..

5

11

131

147

Criminal Petitions

..

..

..

..

2

4

28

34

Criminal Referred Cases

..

..

..

..

1

..

3

4

Contempt of Court Cases

..

..

..

..

..

6

2

8

Criminal Miscellaneous Appeals

..

..

..

....

..

..

1

1

The new cadre of civil judges which is peculiar to this State does not appear to be necessary. A less complicated court structure can be established by abolishing this class of judges-and conferring unlimited pecuniary jurisdiction on subordinate judges. A subordinate judge can also be posted as judicial district magistrate. A common Civil Courts Act for the entire State as reorganised also appears to be necessary.

Thee is also room for raising the small cause jurisdiction of munsifs and subordinate judges particularly in commercial centres like Bangalore and Bellary.



Reform of Judicial Administration Back




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