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Report No. 32

Appendix 20

Extracts of Preamble to and Paragraphs 8, 10, 16(2),17(1), 18, 25 and 26 of the Tripura Courts Order, 1950 (14th January, 1950)

The Tripura (Courts) Order, 1950

No.1 3J, dated the 14th January, 1950,-

1. Published in the Gazette of India, Extra., 1950, p. 45.

whereas the Central Government has full and exclusive authority, jurisdiction and powers for and in relation to the governance of Tripura; and whereas it is expedient to consolidate and amend the law relating to Courts in Tripura;

Now, therefore, in exercise of the powers conferred by sections 3 and 4 of the Extra-Provincial Jurisdiction Act, 1947 (47 of 1947), and of all other powers enabling it in this behalf, the Central Government is pleased to make the following order: -

8. Save as otherwise provided by this Order or any other law for the time being in force, the Court of the Judicial Commissioner shall be the highest civil and criminal court of appeal and revision for Tripura.

(1) The general superintendence and control over all Courts in Tripura shall vest in, and all such Courts shall be subordinate to, the Court of the Judicial Commissioner.

(2) In exercise of the powers of superintendence and control vested in it, but without prejudice to the generality of such power, the Court of the Judicial Commissioner may do any of the following things, that is to say,-

(a) call for returns;

(b) direct the transfer of any suit or appeal from any Subordinate Court to any other Court of equal or superior jurisdiction;

(c) make rules and issue general directions and prescribe forms for regulating the practice and procedure of Subordinate Courts;

(d) prescribe forms in which books, entries and accounts shall be kept by the officers of any such Court.

16. (2) The Chief Commissioner shall, after consultation with the Judicial Commissioner, appoint as many persons as he thinks necessary to be District Judges and shall post one such person to each district as District, Judge of the district :

Provided that the same person may, if the Chief Commissioner thinks fit, be appointed to be the District Judge of two or more districts.

17. (1) When the business pending before the Court of a District Judge requires the aid of an Additional Judge or Judges for its speedy disposal, the Chief Commissioner may, after consultation with the Judicial Commissioner, appoint such Additional District Judges as may be necessary.

18. (1) The Chief Commissioner may, after consultation with the Judicial Commissioner, fix the number of Subordinate Judges and Munsifs to be appointed and if there is a vacancy in the number, may, subject to the rules, if any, made under sub-paragraph (2), appoint such person as is nominated by the Judicial Commissioner to the vacancy.

(2) The Chief Commissioner may, after consultation with the Judicial Commissioner, make rules as to the qualifications of persons to be appointed Subordinate Judges and Munsifs.

(3) A Subordinate Judge or Munsif or Registrar may be suspended from office by the Judicial Commissioner subject to the confirmation of the Chief Commissioner and may be removed from office by the Chief Commissioner on the report of the Judicial Commissioner.

25. (1) The Chief Commissioner may fix the place or places at which any Court constituted under this Chapter is to be held.

(2) The place or places so fixed may be beyond the local limits of the jurisdiction of the Court.

(3) Save as otherwise provided by an order under this paragraph, a Court constituted under this Order may be held at any place within the local limits of its jurisdiction.

26. Subject to the general superintendence and control of the Judicial Commissioner, the District Judge shall have control over all the Civil Courts within the local limited of his jurisdiction.

Section 9 of the Code of Criminal Procedure, 1898 - Appointment of Sessions Judges, Additional Sessions Judges and Assistant Sessions Judges Back

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