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Report No. 14

Reform of Judicial Administration

Reform of Judicial Administration
Volume 1
1. Introductory
Introductory (1)
Introductory (2)
2. Historical
First Law Commission
3. The Judicial System
Efficiency of Judicial machinery essential
Table I Statement Showing The Number of Criminal Cases, Number of Accused Persons In Those Cases and The Number of Witnesses Who Attended or Were Examined In The Courts of Various States In The Year 1953
Table II Statement Showing The Number of Criminal Cases, Number of Accused Persons In Those Cases and The Number of Witnesses Who Attended or Were Examined In The Courts of Various States In The Year 1953
4. Indigenous System
Scope of Enquiry
5. The Supreme Court
The role of the Supreme Court
Pensions of Judges in India and abroad
Not acceptable
Tables I to V Statement Regarding Petitions For Special Leave to Appeal in Labour Matters, 1950-1957
6. High Courts
Scope of enquiry-arrears and general questions
Working of the procedure
Cause of the attitude
Bar on employment after retirement
Hours of work
Benches of High Courts
7. High Courts-original Side
Original jurisdiction of the High Courts in the presidency towns
Retention favoured by the commercial community
Table I and II Table Showing The Average Disposal of Suits Per Day in The City Civil Court
8. Adequacy of Judicial Strength
Laws' delays: An ancient complaint
Comparative Showing The Institution, Disposal and Pendency of Certain Categories of Civil Proceedings In The Courts of Munsifs or officers of Corresponding Carde in The Various States for The year 1956
Courts of munsifs and subordinate judges
Inadequacy of judicial personnel in Uttar Pradesh
9. Subordinate Judiciary
Competent judicial officers necessary
Suggested designations
Age limit for entry-maximum thirty
Allotment to other States
Munsifs' starting pay too low
Financial implications of the proposed scales of pay
Recommendation by Medical Board of High Court not necessary
Conditions in West Bengal
10. Supervision and Control of Subordinate Courts
Need for and importance of supervision
Periodical inspections
Supervision at the High Court level
11. Delays in Civil Proceedings
Delays in Civil Proceedings
Low percentage of old suits
12. Jurisdiction of Civil Courts
Set up of Civil Courts
Powers under the Succession Act (Delegation recommended)
13. Courts of Small Causes
Article 8 (Suits for rent)
Criticism of concurrent jurisdiction (Abolition recommended)
14. Trial of Suits
Corruption in the process serving staff
Neglect of provisions for discovery and inspection
Position in India (Provisions of Civil Procedure Code)
Uncontested matters
Unjustified adjournments (Need for strictness)
15. Civil Appeals
Appeals, Scope of Existing law relating to
First Appeals to the High Courts
Raising of appellate jurisdiction of district judges
Low value of second appeals
views of the Rankin Committee
16. Civil Appellate Procedure
Civil Appellate Procedure
Admissions not sufficiently strict
Adjournment of appeals (Chaotic conditions in certain courts)
Power of remand (Amendment suggested.)
17. Civil Revisions
Revisional jurisdiction of the High Courts
Careful scrutiny absent
Deposit condition precedent to revision
18. Execution of Decrees
Difficulty of obtaining satisfaction for decrees-an old complaint
Sale of immovable property
Admission of appeal conditional on security
Recommendation of the Rankin Committee
Claims and objections to attachment
Summary of recommendations
19. Written Arguments
Arrears and delays in the Supreme Court and the High Courts
Case for written arguments
20. Suits Against Government
Suits Against Government
21. Costs
To be allowed in taxation
22. Court-Fees
Heavy court-fees-a unique feature of India
Administration of justice a duty of the State
Position in States
Evershed Committee
23. Insolvency
Laws relating to insolvency in India
24. The Law of Evidence
The Law of Evidence
25. Legal Education
Previous enquiries
Academic and vocational training
The case for a three-year law course
Full-time teachers necessary
Combination of employment or post-graduate studies with legal education to stop
Council of legal education
Summary of recommendations
Appendix The Training of Law Apprentices in The State of Madras1
26. The Bar
Importance of the Bar
Only one Bar Association for one Court
Attempt at division in the Supreme Court
Sufficient response likely
views of the Bar Committee endorsed
Summary of Conclusions
27. Legal Aid
Equality before the law implied legal aid
Conscription of lawyers or compulsion
Appendix I An Outline of Scheme of Legal Aid as Proposed by The Committee on Legal Aid and Legal Advice in The State of Bombay
Test to be applied before grant of Legal Aid
Appendix II Recommendation of The Trevor Harries Committee on Legal Aid in West Bengal
Appendix III Existing Facilities for Legal Aid
Appendix IV Voluntary Organisations for free Legal Aid to Poor Persons
28. Law Reports
Critics of the existing system
Restrictions on publication and citation and possible
Monopoly of reporting undesirable
Specialised reports
The Council of Law Reporting in England-Composition and objects
Better trained Bar and Judiciary
29. Language
The scope of our enquiry
Benefits of English and need for unity of language
Volume 2
30. Writs
Jurisdiction under Article 226
Writ Petitions: institutions and disposals
To be left to the High Courts
Statement Showing The Number of Writ Petitions Relating To Central and State Taxation Laws In Various High Courts During The Years 1954, 1955 and 1956
No case for abolition of jurisdiction
31. Administrative Bodies
The courts in the Constitution
Their increase
History and procedure
Foreign Systems (General)
Existing constitutional remedies not to be curtailed
32. Law Reform and Legislation
The role of a permanent Law Commission: views of Lord Macaulay
Composition of this body
The Lok Sabha Committee on Subordinate Legislation
Essentials-Adequate time; trained draftsmen
33. Organisation of Criminal Courts
Classes of criminal courts
Appointment and training of honorary magistrates in Uttar Pradesh
First Class magistrates
Division into summons and warrant cases arbitrary
Summary trials
34. Investigation by The Police
Cognizable and non-cognizable offences
Delays in investigation
Investigation by junior officers
Public co-operation
Corroboration of retracted confessions
Duration limited
35. Prosecuting Agency-director of Public Prosecutions
The role of Public Prosecutors
Main defects of Prosecution machinery in India
A full-time Government Servant
36. Delays in Criminal Trials and Inquires
Separation as a means to speedy disposal
Section 487, Criminal Procedure Code to be amended
The position in England
37. Committal Proceedings
Who may commit
Case for the old procedure
38. Criminal Appeals
Right of appeal in criminal cases
Anomalies in the right of appeal
Powers of a single judge of the High Court
Section 421 Cr. P.C
Acceptance of the doctrine of "compelling reasons"
39. Criminal Revisions and Inherent Powers
Courts of revision and their powers
Retention of revisional powers of district magistrates
40. Administration of Criminal Justice-general
Special cases: section 106, Evidence Ac
Lack of sanction
41. Separation of Judicial and Executive Functions
Constitutional directive and the present position
Contrary views
Personnel and machinery for supervision
42. Trial by Jury
General opinion for abolition of Jury trials
The case for the Jury
43. Panchayats
The Civil Justice Committee of 1924-25 observed
Their procedure
Table II and III Civil Jurisdiction
Table IV and V Statement Showing The Number of Suits Disposed of By The Village and Panchayat Courts In The Various States For The Years 1953 and 1954
Large number of cases compromised
Courts more accessible
Procedure Codes not to apply
Outsiders to hear cases
44. Andhra Pradesh
Andhra Pradesh
Jurisdiction of civil courts
In Subordinate Judges Courts
Enhancement of jurisdiction in Telangana
Transfer of work to District Courts
The High Court
45. Assam
The Judicial Service
Administration of Justice in the tribal areas
Increasing power of single judge
District Courts-Increase in number of judge necessary
46. Bihar
Statement Showing Details of The Proceedings Pending On 1st January, 1957 According To The Year Of Institution
Paper books
State of file in District Courts
Court of Session
47. Bombay
Area and Population
The Court of The Civil Judge of in The District of
Inspection Report
Table 1 Appellate Side
Table 2 Original Side
Table 3 and 4 Insolvency Jurisdiction
Table 5 and 6 Presidency Small Cause Court, Bombay
48. Kerala
The subordinate courts
Subordinate Judges' courts
Panchayat Courts
49. Madhya Pradesh
State of the file
Powers of Single Judge
Link system of courts
50. Madras
Area and population
Supervision of civil courts
Statement Showing Detail of The Proceedings Pending on.-5-57 in The High Court If Madras According to The Year of Institutions of The Pending Proceedings
The City Civil Court and the original side
In Munsifs' courts
51. Mysore
Area and population
Jurisdiction of subordinate courts
State of work
Subordinate Judges
Disposal of ex-parte suits
52. Orissa
Regular Suits in The Court's of Munsifs
Table Output of Work Per Year of a Munsif
Court of district and sessions judges
High Court
Statement Showing Details of The Proceedings Pending on.-1-57 According to The Year of Institution
Honorary Magistrates
53. Punjab
Area and population
Statement Showing The Institution and Disposal of Civil and Criminal Proceeding in The Punjab High Court
Enhancement of powers of a single judge
State of civil work
Statement Showing NUmber of Suits Pending in The Various Subordinate Courts on The First of January 1956, Classified According to the Year Institution
54. Rajasthan
Delays in criminal courts and the manner of conducting criminal cases
Delays in civil courts
High Court
Courts of District and Sessions Judges and Civil and Additional Sessions Judges
Courts of civil judges
Courts of Munsifs
Pecuniary jurisdiction of Munsifs Courts-Enhancement of
55. Uttar Pradesh
Statement Showing The work Done in The High Court of Allahabad During The Year 1948-1956
Average duration
Regular Suits in The Courts of Munsifs
Statement Showing The Civil Work Done By District Judges, Civil and Session Judges and Civil Judges During The Years 1954-56
Inadequacy of judicial strength-a long standing problem
Slip system
State of file in magisterial courts
56. West Bengal
City Civil and Sessions Court
High Courts
City Civil and Sessions Court
Powers of a Single Judge
Courts of Presidency Magistrates
Calcutta City
District Courts
Supervision and inspection
57. Ministry of Justice and Implementation of Recommendations
Governmental apathy and the problem of arrears
Note By Shri V.K.T. Chari
Legal Education
The Bar
Administrative Bodies
High Courts-original Civil Jurisdiction
Appendix I Questionnaire
Part I
Section A
Section B
Section C
Section D
Section E
Section F
Section G
Section H
Section I
Section J
Section K
Part II Criminal Law and Procedure
Criminal Law and Procedure
Appendix II List of Witnesses Examined by The Law Commission
List of Witnesses Examined by The Law Commission (1)
List of Witnesses Examined by The Law Commission (2)
List of Witnesses Examined by The Law Commission (3)
List of Witnesses Examined by The Law Commission (4)

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