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Report No. 32

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

Contents
1. Genesis of the Report and question considered in the Report
2. Why the subject taken up separately
3. Section 9 of the Code of Criminal Procedure, 1898
4. Case-law on section 9
5. Articles of the Constitution
6 - 12 Case-law on Articles 233 to 235
13 - 18 The Supreme Court formulated the questions for consideration thus
19. Case-law on Articles 233 and 309-311
20 - 21 Inter-relationship of Articles 233 and 235
22. 22 Article 236
23. Case-law on Article 237
24. Article 233A
25. Inter-relationship of section 9 in the Code of Criminal Procedure, 1898 and the Articles in the Constitution-Changes needed in section 9
26. Various modes of assignment by control considered
27. Prem Nath's Case
28 - 30 Changes required in section 9
31. Punjab and Bombay amendments
32. Section 40, Code of Criminal Procedure, 1898
33. Recommendation in the Fourteenth Report
34 - 36 Position in Union territories
37 - 49 Comments received on the draft amendment considered
50. Other sections of the Code of Criminal Procedure, 1898-whether amendment needed
51. Provision in Civil Courts Acts
52. Appendices
Appendix 1 Proposed Amendment to the code of Criminal Procedure, 1898
  Draft amendment1
Appendix 2 Notes on Clauses
  Section 9
Appendix 3 Extract of Section 9, Code of Criminal Procedure, 1898 as Amended by Bombay Act 23 Of 1951
  Extract of Section 9, Code of Criminal Procedure, 1898 as Amended by Bombay Act 23 Of 1951
Appendix 4 Amendments to Sections 9 to 12 and 17-Code of Criminal Procedure, 1898 Made by Punjab Act 25 of 1964
  Amendments to Sections 9 to 12 and 17-Code of Criminal Procedure, 1898 Made by Punjab Act 25 of 1964
Appendix 5 Important Cases under Articles 233 to 237 of the Constitution
  Supreme Court
  High Courts
Appendix 6 Important Cases under Section 9, Code of Criminal Procedure, 1898
  Important Cases under Section 9, Code of Criminal Procedure, 1898
Appendix 7 Extracts of Sections 6(1) and 9, Bengal, Agra and Assam Civil Courts Act, 1887 ( Central Act 12 of 1887)
  Extracts of Sections 6(1) and 9, Bengal, Agra and Assam Civil Courts Act, 1887 ( Central Act 12 of 1887)
Appendix 8 Extract of Section 15, Bhopal and Vindhya Pradesh (Courts) Act, 1950 (Central Act 41 of 1950)
  Extract of Section 15, Bhopal and Vindhya Pradesh (Courts) Act, 1950 (Central Act 41 of 1950)
Appendix 9 Extracts of Sections 10 and 11, of the Dadra and Nagar Haveli Act, 1961 (35 of 1961)
  Extracts of Sections 10 and 11, of the Dadra and Nagar Haveli Act, 1961 (35 of 1961)
Appendix 10 Extracts of Sections 2, 3 and 5, Dadra and Nagar Haveli (Civil Court and Miscellaneous Provisions) Regulations, 1963 (8 of 1963)
  Extracts of Sections 2, 3 and 5, Dadra and Nagar Haveli (Civil Court and Miscellaneous Provisions) Regulations, 1963 (8 of 1963)
Appendix 11 Extracts from the Delhi High Court Act, 1966 (26 of 1966), Sections 3, 17, 19
  Extracts from the Delhi High Court Act, 1966 (26 of 1966), Sections 3, 17, 19
Appendix 12 Extracts of Sections 8(1), 11 and 17(2) Goa, Daman and Diu (Judicial Commissioner's Court) Regulation, 1963 (10 of 1963)
  Extracts of Sections 8(1), 11 and 17(2) Goa, Daman and Diu (Judicial Commissioner's Court) Regulation, 1963 (10 of 1963)
Appendix 13 Extracts from the Goa, etc., Judicial Commissioner's Court (Declaration as High Court) Act, 1964 (16 of 1964) Sections 3 and 6
  Extracts from the Goa, etc., Judicial Commissioner's Court (Declaration as High Court) Act, 1964 (16 of 1964) Sections 3 and 6
Appendix 14 Extracts from the Himachal Pradesh Courts Order, 1948 (10th August, 1948) (Preamble, and Paragraphs 3, 4, 8, 10, 16, 17 and 18)
  Extracts from the Himachal Pradesh Courts Order, 1948 (10th August, 1948) (Preamble, and Paragraphs 3, 4, 8, 10, 16, 17 and 18)
Appendix 15 Extracts From Sections 3, 4, 8, 10(1) 17(2), 18(1), 19, 27 Manipur (Courts) Act, 1955 (56 Of 1955)
  Extracts From Sections 3, 4, 8, 10(1) 17(2), 18(1), 19, 27 Manipur (Courts) Act, 1955 (56 Of 1955)
Appendix 16 Extracts of Sections 9 and 10, Pondicherry (Administration) Act, 1962 (49 of 1962)
  Extracts of Sections 9 and 10, Pondicherry (Administration) Act, 1962 (49 of 1962)
Appendix 17 Extracts of Sections 20, 21, 31, Punjab Courts Act, 1918 (Punjab Act 6 of 1918)
  Extracts of Sections 20, 21, 31, Punjab Courts Act, 1918 (Punjab Act 6 of 1918)
Appendix 18 Extracts of Sections 29 and 41 of the Punjab Reorganisation Act, 1966 (31 of 1966)
  Extracts of Sections 29 and 41 of the Punjab Reorganisation Act, 1966 (31 of 1966)
Appendix 19 Extract of Section 60 of the States Re-Organisation Act, 1956 (37 of 1956)
  Extract of Section 60 of the States Re-Organisation Act, 1956 (37 of 1956)
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)
  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)
Appendix 21 Statement of Objects and Reasons to the Constitution (Twenty-Third Amendment) Bill, 1966 (Introduced in Lok Sabha on 25th November, 1966)
  Statement of Objects and Reasons to the Constitution (Twenty-Third Amendment) Bill, 1966 (Introduced in Lok Sabha on 25th November, 1966)


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