Delay And Arrears In Trial Courts

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Law Commission Report

Delay And Arrears In Trial Courts

 

LAW COMMISSION
OF INDIA

SEVENTY SEVENTH REPORT

DELAY AND ARREARS
IN
TRIAL COURTS

November, 1978



D. 0. No. F. 2 (7)177-L.C. November 27. 1973

My Dear,

Isend herewith the seventy-seventh Report of the Law Commission rater
ing to delays and arrears in trial courts.

The subject was taken up for consideration pursuant to the terms of
reference of the Law Commission, aocording to which the Commission should.
inter alia, keep under review the system of judicial adminish-ation to sense
elimination of delays and speedy clearance of arrears.

I must place on reoord my appreciation of the assistanoe rendered by
Shri P. M. Bakshi, Memhepsecretary in the preparation of this Report.

With l-'rind regards.
Yours
Shri Shanti Bhushan
Minister of Law, Justice
and Company Affairs (Sdfj
New Delhi 110 001 (H. R. KEl.u~n~tA)

I--Hi L-A.D.,lN .D.f1i



CHAPTER

ﬁnpendix 1 '-
Appeudix 2_ --
Appendix 3 --

'.4-'a:=°:~:-.=~.u:=~:-»i-I
I

CON'l'ENl'8
Torn:

Problem of delay Ind an'cere'in trial courts-

The Trial Gnurt Judge -

The present system evaluated: compuilcn with ancient iusﬂldal me-1
Stage: of delim--summons

Pleading: and issues: the menial procedure

Courtﬂdiary and evidence and wbeﬁteticn of legal representatives.

Arguments, judgment and decree

Conciliation

Recruitment and perhonality of the trial judge;' inspection of <=D'Ill'|=
and training of judicial cificen _

Cases under ceraﬁn special Acts

Execution-

C'rimiml canoe

some general suggestions _
Summary of conclusions and reeomniendetione

ABPENDICES

Figures of pendency in. subordinate courts" for the year 1977
The special list system in Kereia '
Questionnaire issued by the Law Cammiuicn of India

61

91



CHAPTER 1
. PROBLEM OF DELAY AND ARREARS IN TRIAL COURTS
1.

1. The problem of delay in the disposal of cases pending in law courts is Th! P' m5hm_ not a recent phenomenon. It has been with us and has us sipce ll. lost! "me- A number or Commissions and Committees have dealt with the problem "and given their reports. Although the recommendations. whun imPl°m°m°d' have had some eﬁ'e-ct. the problem has persisted. Of late, it has ﬂlﬁumﬂd llliﬁyyl tic proportions. This has subjected our judicial system. as it: must. to "ya,"

strain. It has also shaken in some measure the' conﬁdence or the P5",,p1g in the capacity of the courts to redress their grievances and to gra nt sde0.'ugpg and . timely relief.

1.2. A State consists of three organs. the legislature. the executive mg] the "l"hs_j-udiclsry in judiciary. The judiciary. it has been said. is the weakest of 'tha tl".r¢¢ as-gang '11! mﬂdlm Silli- It has neither the power of the purse nor the power of the was -d. smiths; mom};

nor patronage nor even the physical force to enforce its decisioins. Despite that.

the courts have. by and large, enjoyed high prestige amongst. and cgnimanded great respect of. the people. This is because of the moral authcrri of thg cguy-[3 and the conﬁdence the people have in the role of the courts to rln justice between the rich and the poor, the mighty and the weak. the State and the citizen, withgut fear or favour.

1.3. A modern State has to arm itself with immense powrers with a view to Asst;-mg, gt mg implementing so-cio-economic policies and schemes for welfrtre n'l:asu1':s_ "I']1¢3g madam sm._ powers have to be exercised through a host of officers at various levels or adlni. i nistration. The grant of such powers has to he cushioned.' with the right of aggrieved citizens to approach the courts with a View to en Suite that in gxcrcjgg of -these powers, the State acts within the bounds of the law and the executive olﬁcers do not act arbitrarily or cuprlciously. The liberties r.:«f the citizens face real danger in insidious encroachrnents by men of zeal. well.-meaning but lack.

ing in due deference for the rule of law.' 1.4. For efficient discharge of the responsibilities of the courts. it is essential Pub"; cgnﬁﬂgng that the broad confidence which the people have in them. 'the high prestige and in coma.

the great respect they have enjoyed should be maintainerd and not be subject to any eclipse. The community has a tremendous stain: in the preservation or image of the courts as dispensers of justice. Weak_ening, of the judicial system in the long run has necessarily the effect of underrnlniing, the foundalinnq cf [ﬁg democratic structure.

1.5. Long delay in the disposal of cases has resulted in huge arrears and a .a...-.-¢m__5,, mm. heavy backlog of pending ﬁle in various courts in the country. A bare glance 'or number of at the statements of the various types of cases pend mg in diffgrgnt mum, and pending cues and of the duration for which those cases have been pending, is enough to show d""'"''''' the enormity of the problem. The delay in the disposal of cases understand-

ably causes dismay to, and creates disillusionment in, all those who knock at the doors of the courts. If the number' of cases in the disposal of which there is delay is very large. the dismay and dtstiliusionmc-nt would necessarily become widespread.

Long delay has also the eff_ecI: of defeating justice in some cases. As a result of such delay, the possibility cannot be ruled out of loss of important evidence because of the Iading of memory or death of witnesses. The cons:-.~ quence thus would be that a party with even a strong case may lose it not because of any fault of its own but because of the tardy judicial process entail- ing disappearance of material evidence.

1.6. While laying stress on the necessity of elimination of delay in the Caution using:

disposal of cases. we must guard against undue speed or haste in the matter '""'-'"' 5""-

oi disposal. because this would be substituting one evil_t'or another evil. Any stress on speedy disposal of cases at the cost of substantial justice. would impair the faith and conﬁdence of the people in the judicial syst_em---perhaps in a much greater degree than would be the case if there is delay in the dlsposal of cases.

It has to be borne in mind that in the disposal of cases certain procedural require, incurs which ensure fair trial and satisfy the demands of justice have to be Need for eﬁective steps.

View of Rankin Committee.

followed. Without complying with such procedure, a trial in a court of law can hardly be said to satisfy the minimum requirements of a judicial trial; it would, in fact, be a mockery ot a trial. lt would be wholly wrong to bring about speed in the disposal of court cases at the cost of substantial justice. Our object, therefore, should be to ensure that consistently with the demands of fair play and substantial justice, ways and means might be found to eliminate delays in the disposal or cases.

1."i'._ There is another aspect of which also we must not lose sight. Whatever suggestions we make tor eliminating delay in the disposal of cases can prove useful only if sontctiting eliectivc can be done to deal with the huge arrears which have already piled up. No reform. and no suggestion for improvement.

would make any mark if the existing courts remain burdened with the heavy backlog or pending cases. The existence of such heavy backlog presents an almost insurtnouutable barrier to improvement in methods. Suggestions for improvement can yield Iesults only if something concrete is done with regard to the already existing heavy backlog of cases and if at least some of the courts can start with a clean slate.

As long as courts remain burdend with arrears. the other suggestions for expediting the disposal of cases would be nothing more than palliatives and would not provide any eilective relief. The position as it emerges at present is that even it" service is cliecten and issues are framed one month or the institution of a suit. the cases would still linger on for years in most of the courts because the courts would remain preoccupied with the disposal of older cases which account tor the backlog of arrears. Any serious attempt to elimi- nate delay in the disposal of cases must, at the threshold. seek effective remedy for clearing the huge backlog of arrears.

We have appended! charts and statements to this Report showing the insti- tution and disposal oi cases in various States. From the perusal of the ﬁgures mentioned therein, it would appear that the courts at present by and large are only disposing of that number of cases in a year as are instituted in that year. The result is that the number of pending cases with all the heavy backlog remains as it is. To cope with the backlog of cases, we must have additional number _ of courts which may deal exclusively with the old cases. In some States. we also rind that the existing number of judges is not enough to cope even with the fresh institutions. In" such States the number of courts would have to be increased on a permanent basis so that the disposal may keep pace with the institutions.

1.6. We can. also do no better in this respect than tcpcat what was said by the Rankin Committee-'v as far back as i925. The position since then. if any- thing, has aggravated out of all proportion. The Comrnittce observed:----

"Improvement in methods is of vital importance. We can suggest improvements. but we are convinced that, where the arrears are un- manageable, improvement in methods can only palliate. it cannot cure. 1t 13 parcm that, when a court has pending work which will occupy it for something between one year and two years or even more, new-comers have, faint hopes. when there is enough work pending at the end of 1924 to occupy a subordinate judge till the end or 1926, diﬁicult contest- ed suits instituted in 1925 have no chance of being decided before i927. Whatever he the improvement in methods. improvement in methods alone cannot be expected in such circumstances to produce a satisfactory result even in a decade. -

"Until this burden is removed or appreciably lightened, the prospect is 31001": Tm: existgucc of such arrears presents further a serious obstacle toiniprovernent in methods. It may well be asked----ls there much tangible advantage gained by effecting an '11}1p['DVEn'lEI1t in process serving_ pleadings. handling of issues and expediting to the stage when parties are in a position to call their evidence, when it is a certainty that. as soon as that stage is reached, the hearing must_be_ adgourned to _a date eighteen months ahead or later. to take its place, in its turn. for evidence.

'.lt.ppendix_ 1.

'Rankin Committee.

arguments and decision? Unless a court can start with a reasonably clean slate. improvement of methods is likely to lantalise only. The existence of a mass of arrears takes the heart out of a presiding oﬁiccr. He can hardly be expected to take a strong interest in preliminaries. when he lmows that the hearing of the evidence and the decision will not be by him but by his successor after his transfer. So long as such arrears exist. there is a temptation to which many presiding oﬂicera succumb. to . hold back the heavier contested suits and devote attention to the lighter ones._ The tum-out of decisions in contested suite is thus Inaintained somewhere near the ﬁgure of the institutions. while the really -difﬂcult work is pushed further into the background."

1.9. One of the important questions which we have to consider is as to what tlxitericn for treet- should. be the criterion to determine as to when a judicial case can be treated "'3 ' °"' " 39' as an old case in the trial court. So far as this question is concerned. we are 3,"

of the opinion that a civil case. which would include a civil suit as well as a case under a Special Act, should be treated old it a period of one year elapses since the date of its registration til} the pronouncement of the ﬁnal judgment in the case. We are conscious oi the fact that suits of higher value generally require voluminous evidence to be recorded. At the same time. we cannot lose sight of the fact that before 194?, .i.n a number of States, which were then known as provinces, the subordinate judges who tried these cases managed to ﬁnish majority of them within a year. It may be that in some cases the period talten for disposal of the case was longer. and this would remain true even in ~ . future. Such cases should, in our opinion, be treated to be of an exceptional __..---

_... .»i'.' nature. The target for most of the cases. in our opinion. should be a period of one year.

1.10. For criminal cases, the earlier criterion in some or the States was to Criterion for m_ dispose them of within four months. Although that should be the desideratum_ mi"; cam the more realistic period for the disposal of these cases. in our opinion. should be six months. The period would be calculated from the date 0 ﬁling of the charge sheet or complaint till the date of pronotmcement of ﬁnal judgment. In case of sessions trials. the above period should also include the time during which proceedings remained' wading before the committing magistrate.

1.11. Those who may be looking for suggestions of radical changes and major Radical chum innovations in this Report may perhaps experience some dIsapporntment._ '_I'he W11? not Insem- system of administration of ]ustice which we have in the country, 111 our DpLIl1Dl1, "L is basicall sound and by and large suitable. It is the _same a stem which is in force in e United Kingdom, United States, Australia, Can and a number of other countries. The system, no doubt. has to be adapted to our national needs and we should not be averse to making for this purpose such changes as are called"for. The history of our judicial system shows that many such changes have. in fact, been made with the above obiect in view. lhespite. how-

ever, the basic soundness of the system. some weaknesses have manifested them-

selves. It should be our endeavour to remedy the defects which are responsible for those weaknesses. One such weakness is that of undue delay in the disposal of cases. This weakness. as stated above, in a considerable measure. has aﬂected the image of the system and undermined p-ecple*s conﬁdence in its eﬂicacy. We are in this Report concerned with identifying the factors responsible for the said weakness and with suggesting consequential remedies.

1.12. To deal with the question of delay in the disposal of civil cases both in Past attempts to the High Courts as well as in the subordinate courts, a Committee was appcir1I- flag'-ile Idelar stall ed in 1924 under mg Chainnanship of Mr. Justice Rankin of Calcutta Hlgh " 3 ""'°1~ Court.' The task of the Committee was "to enqun-e into the operation and effects of the substantive and adjective law, whether enacted or othervlnse. follow-

ed by the courts in India in the disposal of civil suits. appeals, applications for revision and other civi1_litigation {including the execution of decrees and orders), with a view to ascertaining and reporting whether any and what changes and improvements should be made so as to provtde for the more speedy. Bcotlﬂmlﬁal and satisfactory despatch of the business transacted in the courts and for the more speedy. economical and satisfactory execution _of the process issued by the courts". The Committee, after a thorough and careful enquiry into the' various illurkinoomusltteo.

Commitlbes ap-

pointed in various Sula.

Law Commission':

Rm.

-4 aspects, i'erwarde-ii an exhaustive report in 1915. in 1949. a High Court Arrears Committee was set up-by the Government of India under ihe Chairmanship of Mr. Justice S. K. Das for enquiring and reporting as to the advisahﬂity of our- tailing the right of appeal and revision. the extent of such curtailment, ﬁre method by which such curtailment should be effected. and the measures which should he adopted 3: reduce the aocumuialion of arrears. A number cf sug- gestions were then made by this Commitiet. A: the end of ihe year 1969. the Government of India. cxrnstitlrted a Commitiee presided over by Mr. iustice I-Iidayatuliah. the then Chief Justice, to go into the problem of arrears in all its aspects and to suggest remedial measures. Upon the retirement of Mr. Justice Hidayatullah. Mr. Justice Shah was appointed the Chairman of that Comm:it1=e.' 1.13. Apart from the above Ihree Committees which worked at a1l--India level.

some CO-nlmittees were appointed in different States to look into the problem of-delay.

One such COIIIII-171351: was in West Bengal. This fommiuee -was consti- tuted in 1949 under the Chairmanship of Sir Trevor Harries, the then Chief Justice of the Calcutta I-[igh Court. Another Committee was constituted in 1950 in Uttar Pradesh under the Chairmanship of Mr. Justice K. N. Wauchoo.

[.11. Besides the above, the Law Commission of India presided over by Mr. M. C. Semlvad, in ils fourteenth Report made in 1958, wen! into all aspects relating to Reform oi Judicial Administration, including the question of delay in the tlisposai of cases in different courts and: exhaustively dealt with the matter. We shall have oooasion to refer to this Report.

Successive Law Commissions have, after that also. when making their re- commendations for revision: of the procedural Codes, addressed 'themselves, imer alia, to the need for reducing delay at various stages of the trial, both in civil and in criminal cases. Reference may be much, in particular. to the 27th and 54!]: Reports of the Law Commission dealing with the Code of Civil Procedure and the 4151 Report dealing with the Code of Criminal Procedure when the Law Commission reviewed the structure and jurisdiction oi the higher judiciary (58111 Report). it took note of the imperative need to reduce arrears in the higher Courts-

'High Court Arrears Commhtee Report [I92-'2}.

(.'HJll"ll£l1 2 THE 'l'B.iAL COURT JUDGE 1.1. While dealing with the question of delay in the disposal of judicial cases. Importance of we should primarily direct our attention to the trial courts. trial courts.-

_ If an evaluation were rnadeof the importance of_ the role of the diﬁcrent functioiiaries who play their pun In the administration of justice, -the top posi- tion would necessarily have to be a.ssig.ned= to the trial court judge. He is -the lcey-man _iu our _jud'1cial..system, the most important and inﬂuential participant in the dismiisahon ot justice. it is mostly with the trial judge rather than with the appellate judge that the members of the general public come in gun. tact. whether as parties or as witnesses. ' Tlieimage oi the judiciary tor the cornmon man is projected by the trial court judges and this, in turn, depends upon their intellectual. moral and personal quah .1'; s.

2.1. 'What we mean primarily by the problem of court congestion is the system delay. problem of 'system' delay, such that even 'though the parties are ready and anxious to try their case, the court: system cannot accommodate them promptly because there are other controversies waiting ahead of them for the; co-urt*5 iimcj Systemic delay also exists in obtaining decisions after trial and in appeal pro- cecdings. but these effect relatively few cases compared to delayed trials. Delay is the product of toomuch court business for too few judges. creating an imbal- ance in their work-time relationship. More precisely." systemic delay occurs when the demand made by a group of cases for courtroom processing exceeds the supply of court resources, namely. judge time, available to process them. A ?l;:I!t.'l¢dy'Llhi1t works is one that restores equilibrium by favourably adjusting the 'since.

1.3. There -has. of late. been manifold increase in the number of civil and Ilersonaliiy of the criminal cases and this increase has subjected r]:ie_trlal judges to extreme strains. "331 indec- The problems faced bv the trial courts call for great qualities of head and heart.

Another misconception which also needs to be removed is that as ours is a Governmtnt oi laws and not of men. the personality of the trial judge makes no diﬂererice. Most of us who are familiar with the tunctioning oi' the courts _ would bear out that the above -notion is divorced from realities. A trial judge's .aF}ilily, ellicicricy and tact or the lack of them can make all the dillcrencc regard- ing the fate of cases handled by him. It has to be borne in mind that the worlt in a court of law is not purely mechanical. Tire cases do not always proceed on set lines. There is no limit to the variety of new situations which can arise in hunian .I't:lal'li1ilSl1l.p in the complex society of today. No courts and no judge-made precedents can provide guidance nor can any ﬁxed formula furnish solution in those situations. it is in such like situations for which there are no guidelines or precedents that the personal qualities and worth of ll judge irialre theniselves manifest. It is when the colours do not maklll. tlbﬁﬁfvﬁd Justice Cardozo, when the references in the index fail, when there is no decisive precedent, diet the serious business of the judge begins. Errors conimitted by the trial judge who is not or the right calibre can sometimes be so crucial that they change the entire course of the trial and thus result in irreparable miscar- riage of justice. Apart from that, a rectiﬁcation of the error by the appellate court which must necessarily be after lapse of-it long limc_ can hardly com- pansate for the mischief which resulted from the error committed by the trial judge.

2.3. The notion about the provisional nature of the trial court decisions being, 1-he --,_m,,, w,_,,.--, liubiect to correction in appeal, or what has been called the "upper-court myth . rnrth.

ignores the realities of the situation. in orzpite of 'the right of appeal. there are' many cases in which appealeare not til . This .aﬂuti.- thﬁ 3PP¢11a'$ '~'°'-"15 having only the written record heron,-, them, are normally-_relu_ctiini to Interfere witli the appraisemcnt of evidence of witnesses by tl'l= "Ill Judges Who ha"

had the advantage of looking at the demeanour of the witnesses. The appellate _

15.. mt "inn" [Ed], The---iE'jonrIs, and till Lew Explosion {I965 Ed}- iiull 3: to = 5 Hr. Justice Hm- 1.5. The importance of the role of trial Judges has been described by M1';

.n|'a_ view.

a 6 'court, it has been said. operates in the ' vacuum at the printed record. A ste:1ogmphic_'transoript "fails to twe tones of voice and hesitations of speech that 'often make a sentence mean the reverse of what the mere words signify. The best and most accurate record of oral testimony is like a de dut- gd gcaleach; it has neither the substance nor the ﬂavour of the peach before It was nu: . . .

Justice Hanna of the Irish Free State. ..The learned Judge said': _ "sometimesthejutlgesoelftlag higher courts think---andl arubotmdto say I though: sometimes 1ny.se1f--!.hat the restoration: of- law and "order depended upon what the high court iudges did in dealing with the heavier classes of ct-i1ne.. But I have ﬁnally come to the oonciuaion..e..........that the real basis ot establishmentiot law and order lies in the competency. honesty and ﬁdelity oi the lowest rank of judges'_'. ' 1Mr. Justice Hanna {Irish Free State}.

__,.__ ' . cnsprnr. 3 I" I. ' _ THE, PRESENT SYSTEM EVALUATED: _COMPARISON WITH ' ANCIENT JUDICIAL SYSTEM Whether System Umuited tolndian Conditions "in" answer to the criticism that the present judicial system is unsuited "ﬂab 1:I'¢ient~l!'I* to the diau conditions and is something alien transplanted on the Indian soil, ''91 "'1 "".1"*' it mayulae observed that though some of the changes in the early period of '|;;':thhods""I"°"'l British rule in India were influenced by the system prevailing in England in ' those days, the changes did not have the effect of ousting the personal laws.- i,J)jp.judicral system in any country is wholly immune from, and unaﬁected by.

--"outside inﬂuences, nor can such outside inﬂuence be always looked upon as a bahe. The laws of a country do not reside in a' sealed book; they grow and develop. The iwirids of change, and the free ﬂow of ideas, do not pass the laws idly by. As has been obecrvcrl, even in procedural law. which was codiﬁed by the foreign rulers in this country, the basic principles of a fair and impartial trial, which were well-known to their predecessors. were adhered to. In the matter of substantive law_ as well, 'the British did not wholly bring in the Western concepts. The personal law of the various communities livingin this ' country remained the determining factor in questions like succession. inheritance, marriage, caste, religious institutions: etc. New laws were enacted to' provide for matters which were either not fully covered by the indigenous law. or where such laws were not clearly deﬁned and ascertainablc, or -were otherwise not acceptable to the modern way of thinking. Such 'outside inﬂuences are, how-

ever, an integraipsrt of the historical process of development of thought and institutions all over the world, and once the new concepts get assimilated, they cease to be alien in character. Viewed in this light', it seems hardly correct to say that the present judicial system is a- foreign transplant on Indian soil, or that it is based on alien concepts unintelligible to otu-'people. Thepeople have become fully accustomed to this system during more than a hundred years of its existence. The procedures and even the technical terms used by the lawyers and the Judges are widely understood by the large majority of litigants.

3.2. The popular feeling that institutions like panchayats. councils of elders. popuj" fab' assemblies of brother-hood or of l'€SpCL'l'ii.bl€S of the locality in fact represent 'the indigenous system of this country reveals insulljcient appreciation of the important fact that the sphere of activity of such institutions was conﬁned to settling petty disputes. mostly by the method of conciliation and compromise. With the growth of society, l.h% function of administration of justice was trans-

' ferred to the king. who came to be known as the fountain-head of justice, The king administered justice either himself or through his oﬂioers._ A -regular hierarchy of courts was set up which gradually developed into the sophisticated system. The panchayats and the assemblies of the brotherhood or of local respectables, however, did not cease functioning altogether because of their useful ' role of settling minor disputes in rural areas through __ compromise and that is why the British retained them through necessary_|egislation.

3.3. "The criticism that the present system of administration of justice is"not paring, of am. suited to the genius of our people is based on the ground that our society is than basically an agrarian Society, not sophisticated enough to understand the.tecl1- nical and cumbersome procedure followed by our courts. '~ 3.4. We do not propose to go into details of ancient Indian judicial procedure. Judicial procedure However, it would be appropgiate to state that the rules of procedure and evid- in ancient India.

-ence in ancient India were sophisticated enough; In. broad outlines there is considerable similarity between the system then in vogue and the system now in force. Let us mention some of the interesting rules of the ancient system. A civil judicial proceeding was commenced. ordinarily by ﬁling a plaint before a competent authority. A plaint, it was provided} must be brief in words, unambiguous. free from -confusion} devoid of improper arguments and-capable of meeting opposite arguments. - _ 'Pakistan Law Reform Commission Report (I957-'Fill, page 101.

lﬂrihnspati, cited by M. K, Sharan, Court Procedure in Ancient India (19378), page-,-57 _ one A.D.--500 .s.1).).

'Cf. Kane, History of Dharmasastra (1972), Vol. 3, page 299 (words containing no coherent sense).

il 3 3.5. "Ihere were elaborate rules about the contentsrof the piaint; for etalnple'. in eminent Indie. pieiuts concerning immovable propeﬂy were required to state. intfr trim. the country and place [town or village) the situation {boundaries}. name of the ﬁeld ttndso on. There was 'to he as written . statement to he hled by the defendant in reply to theplaint. The written statement must meet _ai.l points of the plaint. must not employ vague words, must not he seli'-«contradictory and so, on'. i

- in ms. 326» Witnesses could be summoned by the order oi the judge. According to m the celebrated' work Arthasaslra:-' "The parties shaii themselves produce witnesses who are not far removed either by time or place. Witnesses who are far away or who will not stir out shall be made to present _th-emselves by the order of the judge."

I defendant to tile therepiy within three tortnigiits would mean the loss of the suit by the defendant} A similar injunction is also to be found 111 Menu.' pg... .1 'mi, 33. The various means of proof were classiﬁed as human-or divine. The hulnln meensot prool were subdivided into documents. witnesses and posses- lion. Ihere is the famous rest of Ysjnuvalkyat enumerating three men: of proof. There were even tor comparison of handwriting.' in the lblﬂllce of human proof, divine proof (orders) supplied the deficiency.' After evidence had been led, a decision had to be rendered on the basis of certain recognised principles. These principles are enumerated in some_of the Imritisw as eighhfold. nttmﬁly. the three means of proof" {ptamanash logical inference. the usage of the country. oaths and ordeats, the edict of the king and the admissions of the litigants. The successful party was entitled too i jayaparra {document of success). Readout? or the judgment represented the fourth and the last stage tlftlte law suit! Several modes of execution were Irnoern." These included. inter din imprisonment. sale. demand for additional security and line.

Misconduct by 3!. " There are directions to the eiiect that if a clerk of the court makes errors Ilililllill III in writingwhich toad to a of justice. he should be punished."

nee" jerieeee. e Joe. The doctrine of res judicata was well-known."

cg-get hence 3.13. 'it would appear that the criminal justice system was equally sophisticated.

in ancient hilt Ancient indie: lew-givers and commentators exhibit an-ichness of thought and

- variety: reminiscent 'of modern legal systems. - .

Substantive III'- 3.1:. lnisubstantive criminal law. for example. we ﬁnd an elaborate classiﬁca- tion of olfences. The broad categorim were ﬁve. namely. abusive worth. assault. theft. adultery and crimes of trieience." Ttteiewere. however. a munhe:

"W by M. K. Sharon. Court Procedure in Ancient indie HITS}. pay $7 '§I._t?kr|. W. 5.139. cited lay M. K. Shttnh. Court Procedure in Aneiml India lllﬂlj. PHI' * 'Itauullytt. Arthasaitra. Book 3. Cheers: ti. verse 50; Kengle. itnutlllye A:-tltuutn (Unlveruty at Burnhuy} (JSITCIIJ, Part ll. page 230. ' 'Hutu, van. S3-5%. vet. 2:, Sacred Books of use But riser). mu 153-ass. - 'ICa.n|le. Kuuliiiys i-'trIh|.|nIIr|.'tUnh'IrIit:t"o1' Bomber} (1965), Per! IIL III III.

-mun. vm. ss. van. 2:. Sacred locks of the Best {I967}. pm est ' rm:-anttya, u. 2: {ice A.|J.--300 45.5.]; Keno. History at Dhsnnulltru. vol. 3. - me e

-vuenu. vtu.-1:; M. It. slum. Court Procedure in Ancient ladle um). page is.-' tveineveteye. it, :2. .

' "Suits. IV, 5.271'. Kane, History of Dharmulltra. Vol. 3. PIII 379.

"Documents, witnesses and possession. .- » "Keno. Hlltory of Dhnrnmuutre {I972}. Vol. 3. page Ittitl and pop 379.

"H. K. sherln. Court Procedure; in Ancient Indie {l!l?8},,png¢ 183.

"tangle, Katttiliya Arthmelre [University of Bombay] (I965), Part Ill. page 32!. M reterrini re verse #.tI.l':' of the Book on Arthe "Kane, I-Litters ufﬂhlﬂnilalltu tl§7IJ. Vol. 3, page 301. "Inc. iﬂltut-y,e£ Dhirtnutltru tllm. Vol. I. site 515.

of variations or aggravations in each of these broad categories. For example. theft was classiﬁed into three kinds according to--the valpe of the things stolen--- middiing and grave or high.' Another interesting reﬁnement was the clasiﬁcation of thieves into open or patent thieves and secret thieves, reminding us to a certain extent of the modern discussions about white, collar Criminals and others. In open or patent thieves were included traders who en3_:-to; false weights and measures, gamblers. quacks. persons giving bribes. fﬂfrif'-'i'-.. who profess to arbitmte_ persons who manufacture counterfeit articles and the like}. "Concealed thieves" are illustralted by persons who move about with tools for house-breaking without being observed. These were again sub-divide-i into nine categories} --

'Lean1ed discussions as to the right of private defence were not un}:!1o~:.rn '-

3.l3. Detailed rules are'to bexfound for the punishment of abettors The rules relating to abetment and the penalties for various species of abetment as pro- vided by Kat}-ayana5 offer an interesting parallel to the graded punishment in the Indian Penal Code for various species of abetment. 3.14. The range ofoﬁences itself was surprisingly 'iarge. . Not only were offences such as murder, rape, daxzoity and the like (which may be calicti conventional offences] punishable, but there were provisions punishing other crimes as well. For example. not running, to_ the rescue of -ariothcr person in distress was an Uﬁemceﬁ This is a surprisingly modern provision, as it should be noted that it is only during the last twenty years or so that the questiomwhelher such an emission ought to be made an offence has heen seriously debated in common law countries.

3.15. Punishment is_ prescribed for causingdamage to trees in city parks. to trees providing shade. to trees hearing ﬂowers and fruits. to trees which are useful, to trees in holy places, or trees serving as boundary marks.' Even the giving of a. wrong decision, if done corruptly by a judge, was regarded as pt.1[IiS]1ahi€.3 ' -

Agyinleresting provi-sion was that punishing it person who made a breach in an C'!'|'lb~'.31'ii'{l'l'l€t'lI.."" Equally interesting is the ]')I't='-.'iSiOil punishing 3 person who, excﬁp-'_ is case of ::x?.rer;;:- necessity, drops ﬁlth on the lciug's high road 9'-' 3.16. As in iu:'..'-..;aE proceriurc in criminal ca:~:-:.». the law-givers seem to have been aware of." if-~:.. presutnptioai of innocence. there are texts which t'orh:i_i convic- tion ]1iE:'ftl':'0'£t§'£tEipiCi0'l'l."r Rules for the evaluation of C'|iI'l(iE-i'lE;C- of various classes of nriiicsses are met with. The famous isﬂilwkflt play' Mr."cFthakr1iz'karrr has an intemstitig trial scene that reveals stages of procedure not very different from a modern criniinat trial.

3.l'l'._ Perjury and other offences by witnesses were punished severely by the crhninat law'-'-', the penalty being ﬁne and banishment. _ 3.13. Ihcre were six types of punishment,----ﬁne, reprimand, torture; imprison- ment. death and banishment.

The punishment was graded according to several factors. It was material to consider whether the oifenee was the ﬁrst crime of the oﬁendgrll 91- whether it -was his second criminal act. and so on.

and the strength and knovidedge (Of the oﬁenderl were to be fully considered"

'Ileana I-Iisto_rv of'tho Dharmasastra (1972), van. 3, pagsssis, 520. _ 'Kane, I-Iiltory of the Dharmasastra (1972). Vol; 3, page 320. 'Katyaynna. Verses 832-834, as quote-i»=~bv Kane, History or the Dharmanastra (19729, Vol. 3, page 529.

'Kane, History of the Dharmasaara (l9?2), pages 507-508'. Verses 832-834, as quoted by Kane, History of the Dhannasestra (I972), 'Kringle, Kautiliya Arthasastra (1965), Part 3, page 230.

31;. mangle, Kautiliya Arthasastra (1965). pm 3. pm 229, 'lt'..a.utiliya Iv.9; Kane, __I-Iistonr or the Dharmasastra (1972), vol. 3. page 21'_l_ 'Mun IX, 2'19; Vol. 25, Sacred Books of the East, page 392.

"H5anu IX, 282; Vol, 15, Sacred Books of the East, page 392, "Katee, History of 'tile Dharmasastra (I913), page 52]. ' - ."ManI.u VIII, 120-123; Vol. 25, Sacred Books of the East. page 275.

"Mum VIII. 129; Vol. 25. Sacred Books of the East. page'2T6.

"Mann 'VIII, 16; Vol. 25. Sacred Books oE'the Eaﬂ, P9-It 213.

£01.

citing chapter 3.13 and Punishment of abetrneut.

Otfeiices.

Criminal . pl'f!CC' iitlfe.

\ Perjury.

of The time and place {of the oifenoe)' lJiIhl'.'I10nl--1y'po -

I0 C,on_I|==mItion tc-3.19. Itisoneofthejusliﬁedcomplaintsaguinstthemodernpenaliawthstin mm criminal proceedings the injured-party is generally neglected. In ancient Hindu Law. the la_w-givers were fully aware of the necessity of directly compensating _ ﬂic victim of the crime. Thus. Mann says.' "If a limb is iniured. a sound (is caused} or blood (ﬂows). the asssilant shall be made to pay (to the sulferer} the expenses of the cure. or the whole {boththensualamereementandtlteexpenscsofthecure as a) ﬁne (to the king)" M Mann adds»:-

'.-

"He who damages the goods of another. be it intentionally or uninten-

tionally.shel1givesatisfactionnothc(owner)a.ndpaytothekingaﬁne equal to the {d.smage)".

ltwouldappea:-that on thebasisottheinjtrrtolionscontainedinthetexts. one could construct an entire code of criminal law.

C.*"""" °"°1"3.2I. Wehavejustnotioedthutheptesentiudicialsystemistheresultcttn ."°" 'g-adttalpmcesswhichhasbeengoingonincessantlmandthatitisnotthe product or one day. Changes, mnrlilimttons and amendments have been made both in the hierarchy of courts as well as in the procedures followed by them, as the society gradually became more and more developed. The prwent day complicationssnd delays in disposal of cases are not so much on account of .

thetechnjcalandcumbersomenatu1eofour]egalsystemnstheyaredtse-

to .

other factors operating in' and outside the courts. In spite of the fact that we an are still heavily dependent on agriculture. we can no longer be regarded as undeveloped peasant society, in View of the great strides that have been made in the direction of industrialisation and urbanisation of population. besides expansion of trade and commerce. [twill be a retrograde step-to revert-to.the "primitive method of administration of justice by taking our disputes to group of ordinary laymen ignorant of the modern complexities of life and not conser-

sant with legal concepts and procedures. The real need appears to he to further ' improve the existing system to meet modern requirements in the «intent of our national ethos and not to replace it by an inadequate system which was left behind long ago. i Istimu yin. 231; zss 'Vol. 25, s.cmt'nnotn of th nut, pg: 393'.

i . 4 srnoszs or niu.str:s'oMsto1~ts ' In_dedling_Wiﬂ|lhen:[ﬂcsliDnoIti=1ufsin.thcdiEp0sa1ofc1vilsuitsin.lh-cSa'uliIr1nl|hhI._

-Id.

trislcourts. nemustﬁrstdh-ectourattesltiontothepointsothotdeﬁeck, or staahsotthesuitwhuedehyswhnnytaheplnce.l'Idteraplaintislilcdinicourt. tllcsa.-meisscrtttiniscdhyacoortoiﬁcialwithnvienrtosccingastowhcthcr prupereourtteehasbeenpaidandwhelhertbeoﬂterfotmalitiestor titingthe plum l1nvebcencompiicd.n?1'th. i Insome courts considerahletimeelapscs between the ﬁlingot the plain! and the registering of the suit. It should he catslltcd. that the time taken for this purpose shouid not exceed one week. -

-1.2. The Court then ﬁxes a date for which summonses are issued to the lane at an-n-I defendant These summonses are prepared by thescourt atnciat on a printed *0 'H-==-I-ﬁt form. As the duties of the court oﬁcial are manifold. it takes him a number of days to prepare the necessary summonses. It would result in considerable saving of time and ensufre prompt issue of-summons it. along with the ptarnt _ .

besides the copies of the plaint. the nmsary forms of summons. duly ﬁlled in. are also ﬁled by the plaintiff. All that would have to be done in such an event by the presiding oiﬁcer or some other authorised ollirial would he to insert the date of hcarlng in the blank left for the purpose. sign the summons and put the ' senlof the court on the same.

4.3.. Complaints are olten made against the process servers of getting mixed Summons to be up with one of the parties to the case and on that account. not getting service 5"" ""°""' 1:3; cﬁccted. Usually. the defendant is interested in delayingthe case 'and in lieu :';"1,;';::;_"

of some gratiﬁcation. it is stated. the process server makes an incorrect report oi his being not available. On other occasions. a plaintiff gets an ex parte stay-

order or other such order prejudicial to the defendant and is interested in not getting service eﬁected upon the opposite side with a view to prolonging the operation of the ex pt.'li'l'£~0Td€l'. In such an cvt it is not unusual for B. plainﬁﬁ _ to get an incorrect rcpolt':l'rovm the process server regarding 'the non-service of the defendant. To get over sucl1_ a state of affairs, it is desirable that the sum-' mons should issue to the defendant both in the ordinary way and by registered M cover. This is what is now required as a result of the amendment already made in the Code of Civil Prue-e=tEurc.1 The registered -cover should be sent ~ acknowledgment due. --

.44. are some salutary provisions of the one which should he kept in Service of Ion-

' on behalf of other persons having the same interest.

view in rdcr to avoid delay at the stage of service of summons upon the defen- ""'""

dent. Where the courtis satisﬁed. or has reasonable-cause to believe. that the defendant is keeping out of the way for the purpose or avoiding service. or vvhen for any other reason the court is satisﬁed that summons cannot he served in the ordinary way. the court has the power of directing substituted service as contemplated by Urdu' V, rule 20 of the Code of Civil Procedure? Some of the methods of effecting substituted service are by aﬁixation or a copy of the summons on a conspic-dons part of the court house and also upon 'some crmspicnnns part of the house (if any) in which the defendant is ltnown to have last resided or carried on business or personally worked for gain or by intimation heat of dlums in the locality wherein the defendant is known to have last resi ed 'or by publication in a newspaper having circulation in that locality. Substituted service is as elfectual as itit had been made upon the defendant personally. In case the circumstances warrant. the Court should readily make use of the provisions of Drder V. rule 29 in the matter of gelling service ellectcd.

4.5. Where the number at defendants is very large and they have the same Rgtrelenllﬁw interest in the suit. full use should he made or.the provisions of Drrler 1. rule it '""" ~ ottlte Code ofcivil Procedure which permit a person to sue or defend ssuit _ 30. S, R. 193., Code of CiviI_fP-t'occdnr'efl'3irn_ullanenIts ii1¢I|E- -I;-1: 'residues:

lr,rpostinsddiﬁontopereonslsenvice).-

I0. 5. L 20. code all civil rrocasm.

ll I2

-'l'imiDi5'1'I*iV¢ 5"' 4.6. To obviate delay in the matter of eﬁecting service because of neglect.' ' 9'''''''''''°" '"3 9"' lethargy or other extraneous consideration on the part of the process servers.

CB5! SBFVCIS.

it is necessary that there should be proper administrative suoervtsion of their work.

' It also makes it necessary to ensure that the process serving agency is manned by persons of the requisite caiibre and integrity. This question is to some extent linked with -the pay scales of the process servers. If necessary, the same shouid be suitably revised. 'With a-'view to secure proper administrative supervision,

- we have in some States a judicial oﬂicer who is designated as Administrative Sub-

Judge and who spends a major part of his time in supervising and looking after the _work of process servers and bailiffs in big cities.' It may be useful to adopt similar practice in large cities in other States. ' _ ' The suggestion that some incentive may also be provided to process servers for getting personal service eﬁected on a number of persons in a month mayalso be looked into. - ' 4.7. According to Order V. ru.le_l9- of the Code of Civil. Procedure, virhere a summons is returned under rule 17; the Court shall, if the return under that rule has. not been veriﬁed by the afﬁclavit of the serving officer. and may. if it has ' been so veriﬁed. examine the serving oﬂicer on oath. or cause him to be so exa-

mined by another court touching his proceedings, and may make such further enquiry in the matter as it thinks ﬁt:,and shall either declare that the summons has been duly served or order such service as it thinks ﬁt. _ This provision under- lines the importance of the reports of the process server and contemplates that those reports should be correct. To ensure that the above provision is not re- duced to a dead letter. we are of the opinion that in those cases where the court as a result of enquiry comes to the -conclusion that the process server has made. a false report, it should take stringent and prompraction againsr the process server concerned. Such action. we have no doubt, would act. as'. a deterrent for other process servers making false reports. t It would als. -(bviatc the necessity of applications under Order IX, C.P.C. for -setting aside ex parte decree or ex parre proceedings which consume so much of the time of the court.

1See also para. IL4, infra.

15.3.

. to expressly contain a direction statement on the above dive of hearing.' . 5.5.

CHAPTER 5 PLEADJNGS mo lSSL'ES:THE Pan-Tami- PROCEDU an 5.1. Order VII of the Code of Civii Procedure speciﬁes the particulars which must be contained in a plaint: It proper attention is paid at the appropriate tzme to ensure that all the requirements of Order Vlhhave been complied with, it would eliminate iinarny causes of delay which occur on account of non-compliance Wlrlh those provisions. Particuiar attention should -he invited to Order VII, rule 14. according to which, vihere a plaintiﬁ sues upon a document in his posses- sion or power, he should deliver the document or a copy thereof to be filed with the plaint. ' 5.2. it has come to the notice of the Commission that in many of the Slates the defendant does not ﬁle the written statement on the first date of hearing and that a number of adjournrrients covering a period of many rnonlhs are granted for this purpose. Aer.-ording to the provisions of Order Vlll, Rule 1 of the , Code of Civil Procedure, the defendan; shall, at ohhefore the first hearing or

- within such time as the court may permit. present a written statement of his defence. In fact, in the summonses which are issued to the defenrlzini in regular suits. it is indicated that the defendant should ﬁle his written statement on the first: hearing. ' -

Rule 5 of the Code of Civii Procedure, according to which the court shali deter- mine, at the 'time of issuing summons. whether it_ shall '11': for settlement nf igsj,-Jgg only or for theﬁnal disposal of th: suit. and-the sumrnons shall contain a direc- tion accordingy. It would therefore, follow that except in cases where -'the summons is issued for the final disposal of the'suiI, the summons shat! he it.'-r the settlenientof. issues. Such seitleinent of issues can take place only if the written s-'zrement is liled. It is. therefore. implicit in :: sumn-it-ins For the settle- ment oi issiies that the written statement he ﬁled on the date of hearing after service of the. defendant. ' 5.4. In fact. the summonses which are issued in such cases are required. as 3 resu-lt 'of amendment made hr Act I04 of 1976 to the Code of ("Evil Pro-cedure, thatilte defendant should tile the written it would. of course. be open to the court. to _ex'end the time for ﬁling t e written statement in appropriate cases. but the' normal rule should be to ﬁle t e written statement on the ﬁrst date of hearitig.- ' It should also be imperatir-; for the defendant to ﬁle. along with 1]'... written statement, a copy of the same for being supplied to the plaintitt. Some High Courts have already made a provision about thatby making the nccessarir am-endmenti in Order VIII, rule I of ihe Code of G.ivi!IProce-dare. The require men"! that the defendant should produce all documents in his possession or pots-+2 on which he bases his defence or any claim for set-nit' shouid also -he cniorcu: 9 iifhis would prevent delays and adjournments for the production of those dwuments. - ' ~ 5.6. The main reason for the omission of the defendants in iiisnjfﬁtaics ii file the written statement on the first date of hearing has been the laxity i.-i cni'.'ri' in; the provisions of Order V311. rule 1. C.P_.i'_'. -The Commission ti-"sis 2:.-tr.' *'*-;-* the practice-prevailing in some States is that on theﬁrst date of hearing the dt-.si:'...'.£ ant merely puts in appearance along with his couture! whom he engages __i=.i»'=.- 4':-

that datepand gets a date. He thereafter goes back to his viiiage with a '.tlf'.'\l.-T t secure documents which _rna;.-' form the basis of his defence. hecaiisc of the prevaieiiceof the genera! impression that wri ten statements are no.' In be.fl1r.~.i oaths first date of that there is .c'on-cornp-l'anr:e with the is- qnirements of. the Code of Civil Procedure.

deferirlsnt from his villag: in the district or Taiulta Ii-sad--ouar!ers where the court-

151-'? .*ippendt',l E to the Code. _ 'Local amtridnierns as to Order ti. R. l, as re Eh' conic: 05 Will"-'fl aiifrllitlﬂi'-1. a3_ --

Ea-465 LAD,iNDf73 .

Ccmpiiuiee Order 7. _ C-. 3. R. I---Wri'!.' 'Len statement .10 be_ﬁled at . that hearing.

Attention in this connection 'may be invited to the provisions of Order V. O 5, -R-S--Sum-

menses for aortic-

ment of and summons" for Final disposal.

Filing of .wriirten staternent.. . J Copies -:-Z '-V'7'i"l'.Z| statements to he

-.-.'-xzty in' t"iiir_-i_iz

-.--';.|.-:v.i statements it seems that' it =.-. ' This resuhs in repeated trips hy tie: -

I holds itssittings. The repeated itrlps also put unnecessary ﬁnancial burden ' ﬁling written statement.

Neel-Mity to re-

statements before issues.

the parties. All this can be obviated if the by the court and an impression comes to prevail that it is necessary to die the written statement on the ﬁrst date ofbcsring. .'I'he eﬁect of that would be rm assoon as service is effected upon he would immediately _ a bug in the matter and tryto secure documents before the " _' ' f,'_ however. the time-lag between of the defendant and ' hearing is too short, that 5.7. Oneofihe rnostimportant . _'ion-swhichcangoa longwayiu curtailing the evidence and ' in Order X. C.P.C.. relating -to exa1'n_ina;;tion the training of the issues. Exlrerience tells us that if proper use is méEle'of these provisions and the statements of partiesare recorded before the framing of the ' issues. many admissions. which-do not appear in the pleadings... are made. Even _ of the parties from which-'they woutﬁ

-.53.

'judge in framing the issues.

_ when the parties are at p5.3. Inordertobeinu variance on certain points, the statements can reveal the absence of ditference up to a certain extent. a The admission about' the execution of documents the necessity the recording of statements of under Order X. Order X, it is essential that the trialpjudg should have lags oi -the parties and should know the ease-of each party as set out in the.plead- legs. It is only tﬁen that he would beable to put the crucial questions to the parties while recording their statements for narrowing the area of . This apart, statement before the framing of the issues also helpsin clearing obscurities, designed and inadvertent in the pleadings and knowing the exact stand ﬁnd it diﬂicult to wriggle outpsubsequently.

Familiarity with the pleadings islalso of vital importance for the trial in some states of depending upon _the.draft issues supplied. -by the counsel of parties. Without Ihc trial judge himself applying his mind to the pleadings and the issues, is extremely undesirable. lt,_in effect, is tantamount to the abdication of an essential function by the trial judge. Although it is desirable to ask-counsel T .for the parties about 1?:

to issues trained in the case and to ask for theircommenta and suggestions rega g the fonts additional issue, it must not be for that correct issues are framed is that neither be shirked nor abdicltid.

_ p _ that the primary responsibility to ensnu It In the above context, the. observations made hr} the Civil Justice _ Mr. Justice Rankin' have as much relevance f0daji'3.S' they ' -

presided over by at the -time when they were made in 1925-: -

. "Not only is the law clear. The duty of the court to frame. the issues itself " and frame them properly is-laid down in many circulars and rulwaotl High _C0rurts_ Presiding otﬁcers the directions of the law and the orders ' of their own High Courts and continue to leave the framing of issues toother persons. There iii no reason-.or:course why they should not take $13393- tions from the parties as to the issues to be framed. It would be unwise for them not to take such , ' cations. The taking of suggestions is. how- ever, a very diﬁerent mﬁttegfgiom t!1e'ignoring of their-o°w11_responsibiIiI1r. When we endeavoured to ascertain the views of presiding oﬂicers as to why they did not follow the 'clear law on the subject. we were often met with the s reply that under present collﬁtious presiding .0ﬁi€€1'S»ha,Veno time to corn- ply with the law and' _ .

"This objection will not." " 've examination- If the latﬁedimdl 119- mb' 'ng ilicer t perform It i In-'duty. that duty must T ind tirﬁe rntist "be found for its performance, but aps_rt.frorn that Eie objection is unsustainable. -In suits, where the contest is slight. the 831- -i_i a. very short g mination of the and of the pleadings should oceu time before the issues are linseed. These cases occur for t I: most Put Iﬁ 'Rankin Committee.

provisions of the Code are I may be a ground for giving him another use for.' area-of controversy is that ofthepartiesbythecourtbdorei before the framing o1'_'th'e=issu.es also helps in narrowing the area'

-of controv_ers_v. The inevitable effect of all this would be to obviate ' of producing evidence in respect or rnatters which stand admitted as a result o!-

:to make eﬁective use of the of.

read in advance tl1e.1'.l1eatl'--

The practice which prevails in subordinate court .

of an issue and the desirability of_ framing an- -H of 'the trial court. Such responsibility should-

- in 1355 Fﬁmplicated cases, the Law Commissic-ﬂ.fin its fourteenth report,' j' rubserved: -' ' ' - .

I5 _ the courts of mtmsifs. There, although the work is frequently very heavy, the tine necessary for the purpose is not cousitle1'a'cnIje and can he found.

_ In suits in which the contest is severe, considerable title must occasionally a be devoted to the purpose,' but those suits ot.1:u|:. uaI.I_+.ll-,r in the courts oi subordinate' judges who do not decide many suits in a year.

When»-the' preliminary work has been done cnrcﬂiiiy aitd intelligentljr, there will be every great saving of titne in the latetrssgesi Three hours spent . upon_ the .exa:nu:atio'n of parties,' the studyhiig of the "pleadings and 'careful scmtmy 0! the documentary evidence may mean ﬁve or six days saved during the subsequent hearings." " i ' 5.10. About the necessity' of recording statements, of before training law ' 21:': View In the "As pointed out by the Uuar Practcsh Judicial Relotms-r Committee, theipre .

siding oﬂicer is over-worked and has to rush tln'oBgh..the process of settl- issutts and does not have sufﬁcienf time to miie proper use of Order X. ' Further, in View of the heavy arrears in many oﬁlthe ﬂourts. the presiding oﬁsers are not inclined to spend time and lab_-oar over preliminary steps in cases which they themselves may not he qalledieupott-to try. In simple cases of small value. the examination of parties these -rules may pro- i habiy out an end to the suit by the e!.'EI1'{:iIlaﬁ0'flj'd¢Q:'tD'llSll'iIl'illg that the ' rties are not at variance. on any matter whatever; or have only triﬂing . ' erences. Inﬁiﬂicult and complex easess 'saving of time will result, if propel: and timely use is made of;these'pt'¢visions. It should Bethe duty of the district judges at the time of inspeetion to see whether ;the raesiding oﬂicers make proper use of these provisions. Their failure to observe thttoe rules shouldalso be tak_e_n- in coniiderafioniin decid-

. ' ing upon the olﬁeet's ﬁtness for promotion." i 8.11.' "Regarding framing of issues, the Law Commission in Hint report statsrtzz "The court is undoubtedly entitled to invite the agvomtes of the parties to state therptfntts on which the parties are at the framing of proper issues isithe responsibility of the court. , _ ilsnes constitute the ]:Io1'nts'of dispute on which the parties go to-t ' _ give notice to the , of the matters on which they have to addtppe. eiidence or expound the us». Unless. therefore, the issues are a1id~precise, the trial 'cannot. same to a satisfactory conclusion. -If do not reﬁect -the

-real points in dispute. advantage is likely Itb be -lakél of these defects at a t!l.lbE¢gl.l€n_t? stage or in appeal. Daisy and will often result _ of the first court: to deal with an! deuide the real points dispute.

i'0thea' may have the eﬂeet of iiensﬁerably curtailing .0. l!--»DiscovIl'y' and norrowlngdhe area of controversy zre'coIlliietl in Order XI and 5:11 élspoetiigtt.

uiluten « the Codeof Civil Procedure. Whileitlte: relates to discovery "' ' ahdinspeeﬁon. the tutor) Order pertains to admissions. Order xx, any Mmieion-

Z at docmnents and tor :1; us' :1 civil suit leave of the court may deliver in writing the examination a r the opposite parties. Order 31 _ for apg.~ii-

' :1 K11 ptovide-.-r ' for Est: of lotnstﬁcetoagwitdorutnents aS'V{Cil_il.ltO3éﬂl_it,!ﬂ.'.fi_. _ _ would generally anse_m those cnrii a nunatt-_r of captions attest arise and the case involves coqipzaranvety cases. it wnuldshardly be necessary to 'resort runtitsions. As 'observed by the Rankin Committee.' the framers oi the anucnpst-ed that - in ilntnﬂ -"courts them-embers of_ the Bar would not quickly ac:-:ustoem' to the new Eerocedure provided and mu wail themsen-es of ' i ' a They, 1 refore, inserted in section 3ﬁ'a'f'=&efCocle ta pmvtsiorn i-sun. gives the sen authority to order oi its own ._'l'heir anticipalions have unfortunately been its and 1111' :10'-W1' .mtetbemuﬂhunotbeenutﬂieed. Althesﬁnef' "tl_3et-ecanheno ' Into judicious use of these ]:n:wi5ious_ can:

of and curtail the \tDlt:E.'.-;_' of evldeiﬂe.

3Fotu'tecath nepon. val :. page sis.

Iiourteuthltepm-t,Vol. Lpage 371, pan 16,para2&.

. ! 15- . 'I dP'-.:_;tri;!U$Eoee- 5.13. In the U. S. A. we have pre-trial procedure.

I. .

_ The scope of pre-trial dis-' °0V¢l'3' I-Iﬂdtr 1116 fﬁli-'ﬁll H1198 is very brand and covers any matter. not prfvilgg.

ed, which is relevant to the subject matter involved in the pending action, whether it'1-elates to the claim or defence "cit the "examining party or to the claim . - . -- . . r and the identity and location of personshaving knowledge of relevant ri"$'tf.' It_1s _n0t -sround far obicciwﬂ that "*6 "'~"~'-'5 our will be inadmissible at the trial if the testimony sougzht appears reasona Iy calculated to lead to the dis- covery of admissible evidence.

The federal rules also provide for_a pretrial cgnfergncc " 3113;] by the ' {and attended by the parties. audtheir lawyers". The purpose: of the mrcﬁgﬁ.' - _lS to siniplifrthet issues. secure agreements on facts which are not really? in dispute, and give thc parties-anotI1cr opportunitv to see if the case can be settled _W!IhD!Jt trial.

5.14. Regarding the success of discovery andgpre-trial procedures. the follow-

ing opinion has been expressed in the Courts, tli Pubic ' at th L r E I ' ' edited by Harry inf. Juneau» - . C ; an e mi 1? um" .

"I'l_1e dISCO'I"CT}' _and pre-trial procedure has hem in Operation _in thc United States District Courts for over tnrentg.--ﬁve years and has served as a model. for refcmncd state court procedure in a majority of the states. There is no doubt that it has produced beneﬁcial results: cases are hatter - Ictual trial time has been saved by pre-trial processing. settle- rnents without trial have been encouraged, and probably the quality of ' Justice has improved _in _ti'tc cases. which do. go to trial. The procedure t isnot. however, an unmixed blessing,' -Critics claim that it is not appro- priate in all types of cases. tint it is sulrject to abuse, that it has increased the costs of litigation. and that it hascontributed to court congestion by increasing pre-trial delay. Further study" and experience will hcunecessary before a balance' can be struck between the meiiris and demcrit.-I of the:

'5»-stem and-a determination made as to the modiﬁcations indicated."

In our opinion, the provisions eonteinerl in 1"):-dc.-'-; X, XI and XII' of the Code oz' Civil frocedure are suﬂidcnj to deal with the situation in India and it is not rteces_«:ar5,i to transplant the pr:-trial system with all its amplitude on the lndfan soft. We may also in this context refer rolhe ohservations of

- the Law Cornrnission _in its Fourteenth Report with which we agree and which i read as under': ' M ' ' "The u.-orlring of the system of pre-trial procedure which has been intro- duocd in some states in 'the United states was examined by Evershed Committee. The American systcni made it clear that the success of these pretrial conferences depended for the most part on the personality of the Judge and his willingness to deal and aptitude for dealing with such pm- ceediings_ 'No doubt'. said the Cﬂmmitlec. 'it would he the same in England'. We believe it would bethe some in India as well. The Com- mittee exarpined this procedure with reference to the Rulesof Pructice

- and Procedure in England and came to the conclusion that the existing rules relating to the summons for "directions-in Order 30 of the Rules of the Supreme Courtgive all the powers thatﬂare needed. The Com-_ rnittee took the view.that the general adoption of the pr:-trial conference procedure in all forms: of proceedings would not be advisable in England. The procedure has undoubtedly its attractions, particularly to those who have become accustomed "to its working. After careful consideration we have reached a clear conclusion that it would not be appropriate for adoption in this countr_r,r-----certainly not for the purpose of saving costs.

' ......More than this. the procedure may become songewhat clarhoratc and' of long duration, possibly developing Qlflttl a 'ﬁnishing expedition'.

"As to the introduction of similar provisions for a similar' procedure in India, the witnesses before us lnrve pointed out that the practice already obtains in a modiﬁed form under the-. provisions relating 10 tht cxﬂmillar. tion of parties and dis . and inspection under Orders X, XI and XII-;~.

of the Gvil Procedure C e. The provisions for the amendment or?' 'Harry W. Jones tEd.l. The Courts. the Public and the Lew Explosjpn I|96'5l- FIN; 22, 23 article by Milton I1 Green. "I13: Business of the Trial Courts . gr . 'Eourtoeiﬁh Report. Vol. 1. MI: 323. - g _

- stage at which efforts should be made for conciliation.

I7 pleadings are found in Order V1, Rules to and Ii'. of the Civil Prntmiurc Code. Rule I6 gives power to the Court at any stage of the proceedings.- to order to be struck out or amended any matter in any pleading which may he ll} unnecessary, (2) scandalous or which may tend to prejudice. embarrass or delay the fair trial of the suit. Similarly the duty of frant- lng precise issues is cast upon the. court under the provisions of Order XIV and if these issues are framed after the preliminary examination oi' the parties and the reading 'of pleadings as already suggested. it would or doubt lend to :2 consicierable simpliﬁcation of the issues. Thus. it can he said that the rules of the Civil Procedure Code amply provide for oil the matters enumerated in Rule I6 of the Rules or the Civil Procedure for the United states District f_'ourts."

5.l!. We may now consider the dcsirahi lily of the trial oourt initiating concilia-

tion proceedings. It would also be necessary in this context to ﬁnd out the it may be meneionetl that the Code of Civil Procedure does not contain express provisions for this purpose. Under Order XXXIIA. which was inserted I977. by Act I04 of I976. a duly the courts to trial-cc eﬁorts for settlement in SUll'i relating ro__.m-utter.-'. concerning the family. Apart from such disputes. as alreudy mentioned the Code does not cuntuin am. speciﬁc provisions. We are dealing elsewhere in this Report' with the question about the desirability 'of having conciliation t'tt1.|nt:i|.~. or boards and the necessity of cunciiiution ellorts by such councils or boards. We am: concerned here with the question as whether ll trial judge might himself undertake the ml: of a tonciliator. In this respect, we are in agreement with the view ettpressed by the Law Commission in its Fourteenth Report that the trial juige could liilllﬁfll act in u wuy as it cuntiliatur. The proper time for initiating and tactfully help- ing pttrtics to arrive "at 3 ctunprotnise would be when the clarification of the pleadings and the cstantination of parties under Order X. Rules l and 2 take place. Sometimes. it happens that judges who try to induce .he parties to come to an umicable setilesncnt are misunderstood. That should nut. as observed by the Law Commission in its Fourteenth Rep-orl,: make a judge dent,' lllfllﬁclf all initiative in the matter of suggesting a compromise or deter him in hclpdtg the parties in tIri'lvlﬂg ill ii settlement in suitable cases. {*5 observed by the Commission. :1 competent and experienced judge who has learned to molt: :1 proper use ofsthe provision», of Order X will have no -diﬂicttlly in perceiving cases {'.rc-eminently suitable for :1 coniprornise. A few tactful words by lhc Judge at at suitable tipporlunily. without the appearance (ll taking it view an ether side and withttttt playing on unduly active rule. may bring about the desired result. The promotion of a compromise in suitable cases should be left largely to the ittiliatitc and the personality of the judge and in the parties and their lawyers. The Bar can undtrubtedly piay it very useful 'r.lt'l-Zl signiﬁcant purl in -bringing about a compromise. ' To reproduce it pzmugc has been cast upon from the miter-icon Bar Association Journal':

'*L-un-vets. pet'i'..1'ni U. real service to their clients and lo 50Cicl)' and lht courts when lhr:_l' make seltletnents that one right settlements: where there are {wt} gidet tn -.1 case, where the issue may well be in doubt, where the facts are honr~.tI;i. in conflict or where the law is unsettled. there is al- ways some figure which is fair to both sides. It should be the l:tw3.rer'~; shit to melt: s.ur.'--h it settlement it he can " -

'Sec Chapter relating loV(".1I'tCllEall(1l'l tfhapler ti. i'rn"ra). '--'f-tpurieenlll Report. Vol. I. pages 320-321. rnlau Jit. seconrl sill:--puru.

*l:'tm=r',V H. Suclmer lltlur l9.'-39?. .-llmcrican Bar Assu-ciatitan lnurnai. "The Trial of Cases". cited in I4Ih Report. Vol. I. pay: 32!. para 35, last sub-paragraph Conciliation.

with effect from February 1, '-

_Cot.u't Diary--ﬁx-

Ill] casca---1rnpor-

rant function of the Judge.

Practice of fixing too many cases not desirable.

Qution at addi-

tional courts.

Prolil nomina-

tion of witnelsel.

I8 CHAPTER 6 COURT DIARY AND EVIDENCE: SUESTITUTION on LEGAL REPRESENTATIVES Court Diary and Evidence _6.l. In the matter of controlling the court diary and in fixing cases for each working day. the trial judges discharge a very important duty. There is quite often a tendency on the part of presiding judges to leave the. matter of ﬁxing dates to their readers or sheristadars. This is extremely undesirable. because such a practice is liable to be abused by the readers or sheristadars. The ques- tion as to how many cases of various categories,----i.e., miscellaneous cases, issue cascs_. evidence cases and argument <:ascs,--should be ﬁxed on a day calls for it-lpdiclﬂlls alftpraiﬁrnlent of the capacity of a judge to deal with 3 number of cases within the limited court time. Such a power should not be delegated by the presiding judge to suhorrlinate oﬂicials.

6.2. The practice which prevails in some courts of fixing a number of cases on a day on which there is no reasonable chance of their being taken up for hag. ing, should be avoided. As it is. we ﬁnd that some courts spend half an hour every day in calling certain cases with a view to adjourn them to a future date. The time spent for this purpose can hardly be considered to have been put to any constructive use.

Referring to the practice of some courts ﬁxing more work than they could complete on the ground that if work just sufﬁcient for the day were ﬁxed. some cases might collapse and the presiding officer might thus be left full occupation, the Rankin Committee observedlz "The utmost concession that should be made to this view, would he to fix for hearing on one day perhaps one quarter. more than could be done on it and to give the undone work precedence on the next date. We have been unable to ﬁnd in the majority of cases that any such practice has been adopted. More work is ﬁxed for the day than can possibly be got through. whatever drops out, and precedence is not given to the undone work on the next date.

In any circumstances the principle is vicious. It appears to be based upon the idea that the courts may safely ignore the convenience of the public. in order to enable them to show a tale of work. which they Eup- pose will be considered satisfactory by the higher authorities. It must be impressed and impressed very clearly that the ﬁrst consideration should be the convenience of the public and that all other considerations should give way to that." ' The above observations, in the opinion of the Commission. provide a good rule for guidance.

£3. There must be some kind of standard for the number of cases pending in court. Whenever there are indications of an increase in the number of cases in a court beyond the prescribed standard, eﬁorts should be made to relieve the congestion by having additional courts.

6.4. A very important, if not most ' rtant, Stage in the trial of a case is the recording of evidence. There is. it is said. a tendency 111 India to over- provc allegations. This is true not only DE =S3=ﬂﬁ3~1 3n°S3ﬂ°n5- but 'I50 °f allegations which are not very' essential. This results in considerable time of the court being taken up in the recording of oral evidence even at the P0111! 05 examination-in--chief in a large nlnnber ot_ cases. If that be true of examina- tion-in-chief. the position is much worse in cross-examination. Cross-e:_ta.rnmn« tion of witnesses often tends to be unduly PT0111 50313, °h°m5 3"" ".1°hmd. "E judge the proﬁciency or the counsel by_t1tc length of his ¢1'035:°I3m11"E'E':ﬁ° a witness. This attitude reveals a pathetic 1300133" 0f ''19 '°°1m1¢l"° °f , V', cross-examination. We may also.1n this context refer to the obscﬂltlolls 0 the Civil Justice Committee':

ilsnkin Committee.

-r 19

-n.

"The impression created in the minds of those who are acquainted with the procedure in English Courts of Law. as to the production of evidence in courts in India is that there is a tendencyrin India to over-prove essen- tial allegations. There is further a tendency to prove and' to over-prove. unessential allegations. Such observerswnnrler at the extraordinary cla- boration with which the examination-in-chief is conducted. Every sort of detail, however distant may be its bearing upon the value of the evi- dence of the witnesses, is brought out, and much time is taken up in eliciting and recording unessential particulars to which no reference is usually made in argument_ and to which no reference can be made usefully. ' Even more surprising is the cross-examination. It is not too much to say that _cross-examination frequently extends over a period which is more than six times as long as is necessary to produce useful results. The waste of time is most noticeable in cases of larger value, especially in which the dispute relates to valuable landed property It is ditlicult to exaggerate the unnecessary labour and the delays caused thereby.

It is not easy to devise a remedy. The litigants prefer that examina- tion and cross-examination should be conducted in this manner, and the methods are the traditional methods of many. District Bars. We feel that we should not be justiﬁed in suggesting alterations in the law by which presiding oificers would be authorised to terminate the examina- tion of any particular point. It seems only possible to wait. till litigants begin to _see for themselves that in their own interests there should be expedition. At present we must leave the solution to the good sense of the Bench and Bar."

6.5. Sometimes questions which are put to the witnesses in cross-examination Control at cron-

are unnecessary and uncalled for: on occasions harassing and even slanderous. °1='n51."l'i9"

It is on such occasions that it becomes necessary for the trial judges to control *1" "'1' '"d"' the proceeding. Although' it is essential that all reasonable opportunity be afforded to counsel for parties to prove their case and bring material on record by explaining and cross-examining witnesses which may support the respective cases of parties, the presiding oﬁicers have also to ensure that under the cover of that the tile is not burdened' with wholly irrelevant and unnecessary material. Experience tells us that many presiding officers, with a view to avoid a piquant situation with an aggressive counsel. adopt the path of least resistance and allow most things to be brought on record which an a essive counsel desires. The trial judge who is shaky in professional underst ing, imperfect in moral reso- lution or unduly conciliatory in personality, will inevitably be over-powered and overborne by forceful and aggressive trial counsel. Cases have not been un- known when some judges have revealed psychic inability to stand up abrasive and stt'ong»willed leaders of the bar. The way the witnesses are treated in wit- ness-'box while being subjected to cross-examination by the cross-examining counsel was described by Harold Laski after his gruelling cross-examination at the hands of Sir Patrick Hastings in the following words' 1--

"He performs his war dance about you like a dervish intoxicated by the sheer ecstasy of his skill in his own performance. ardent in his knowledge that, if you trip for one second, his knife -is at your throat .... ..He moves between the lines of sarcasm and insult. It is an effort to tear off. piece by piece. the skin which he declares no more than a mask behind which any man of understanding could havegrasped the foulness of your pur- pose. He treats you,' not as a human being, but as a surgeon rn_ight treat some specimen he is demonstrating to students in a dissecting room"

6.6. Whether the above criticism is well-founded or not, the courts must to' _ _ to avoid ensure. while affording every reasonable opportunity to the counsel to cross-exa- luruanlnt or visit-

mine a witness, that the witness is not subjected to harassment as might deter messes.

all decent, self respecting persons from coming into the witness-box and giving evidence about facts within their ltnowlbdgc. Sections 148 to 152 of the Indian Evidence Act, 1872 arm the courts with sufﬁcient power for this purpose.

6.7. We in lndia have adopted the accusatorial system as against the inquisi-

torial system which is in vogue in many of the countries of the European continent. R°'° °f "" I"d"' 11-larold Leaki-

Bvidence not to be taken in instal-

manta.

Affidavits. 1 '£9.

In an nccusatorial system it is for 'the parties or their counsel to prove tlteirrespective case or demolish that of the adversary, while, in an inquisitorial !]'51-°m. 6! great tﬂﬁpﬂltﬁibility for bringing the true facts on the record lies -on the presiding oﬂicer of the court. Despite the fact that we have adopted the accusatorial system. the trial judges, in our opinion, should not play an altoge- ther passive role. leaving it to the parties and their counsel to bring on record such facts as they may consider essential. The trial judges. we feel, should take greater interest in the proceedings before them and should by putting appro- priate questions to the witnesses elicit such inf-onnation as may be helpful in ﬁnding the truth for determining the points of controversy and also for the purpose of removing obscurities on questions of fact, 6.8.. Another salutary practice which must be adhered to while evidence is to complete the entire evidence and to avoid of a party in a case in instalments. According' to clause (at) of the proviso to sub-rule {2} of rule 1 of Order XVI! of the Code of Civil Procedure, when the hearing of the suit has commenced. it shall be continued from day to day until all the witnesses in attendance have been examined, unless. the court ﬁnds that, for exceptional reasons to be recorded by it, the adjournment of the hearing beyond the following day is necessary. As things are at present, the practice prevailing in most of the courts is to recordevidence in instalments. Such a practice was condemned by the Law Commission in its Fourteenth Report in the following words':

recording recording of evidence "It has also been brought to our notice that in many States the provisions of Order XVII, rule ll. are disregarded and the hearing of a case once begun is not continued from day--to-day. This happens in spite of the instructions to the COIJfl'aI'3' laid down by all the High Courts for the guidance of subordinate courts, Our examination of the order sheet of a large number of suits in the courts of rnunsifs and subordinate iuclges in r West Bengal and Uttar Pradesh showed the utter confusion which prevails in the matter of ﬁxing the dates of hearing. Day after day the oases were adjourned either because the lawyers are engaged elsewhere or because the court is otherwise busy. Indeed, so chaotic were the tiles, that cases were often adjourned to a future date only for the purpose of fixing the next date at hearing. This difficulty, in our opinion. is created by a total disregard of the provisions of Order XVII. Rule 1 and a failure to appre- ciate that it contemplates the continued hearing of a case. once it has started, from day to day until it is ﬁnished. In various States we found the subordinate judiciary acting as if they understood the Code to provide the contrary. They seemed to think that interrupted hearings should be the rule and t». day~to--da3r hearing the exception. We found in some States the cross-examination of a witness spread over several hearings with breaks running in some cases into months. ]t seemed to be the invariable practice to adjourn the case after the closing of the plaintiff's evidence and before the starting of the defendants evidence. It would also appear to be common practice to adiourn the case after the record- ing of evidence is completed to enable the counsel to [Eeyore their areuments. A further adjournment invariably takes place a r the argu- rnénts are closed for the judge to deliver his iudgment. lt needs to be emphasised that every step in this method of what may he described as the hearing of a suit through a series of adjournments, is contrary to the Code. Thereis no reason why all the witnesses in the case whether those of the plaintiff or of the defendant should not be examined in a_ series. the evidence followed immediately by arguments of counsel'. and. III most cases, the judgment following the close of the arguments.' .

We fully agree with the above 0b5¢fV'-'='ll0'15- In the matter of recording evidence, we should also consider' the desirabi- my of pfﬂlying things like those of 2.' formal nature by alhdavits, instead of by oral evidence. As it is, the general practice l_S to call witnesses to Court even though their evidence is of a very formal character. Much time of ii. number 01 witnesses whose evidence is of a formal nature and. to some extent, of the coutm would be Sat.-ed jf' instead of producing them in courts. the facts in larder IT, rule 1 ill. Proviso. UP-C 'Fourloonth Rupert. Vol. I, pas: 335- 133"" 53-

21' zesgoetjot which they: have to depole are prored._t§g 1'33! IE?-[Ill ill aﬁcﬂrdale with "I119, C.P.C. rﬂithmit. ei the atlitlavit sled ' our concurrence.

- use my' refer to -the observatiorts of Lord Devtiitf tetsﬁitsif gone to the extent of sayi _--

"We shall not hate any worthwhile sa_i_r:ing in'-the 'cost 'of litigation so . long as "we antjept it as the inalienabieyrighﬁ of every-is litigant to have the whole of his evidence and atgumentg,-presented By; word of moutlt. It is ' -not a right the! is recognised by any iegnl systexti exeept the English and thosetlut are hasedonit." -

It £19. - T the edjournniettts certain t.:hanges= been made in. Order Jtvui or the Code tit' Civil Procedure with ettoctttpmﬁbriuary st, 1977 by Act

-10} of 1-976. The new yltrvieions. if enforced snict!y,.w¢uld prevent unnept-st-rary of cases. We have retened above" toollij 0'! those provisions in *t*°"""r°-*-~ t with avoiding the recording of evidet1ce"_iri';'insIttlments. -The other-

urc3 :

"(b) no atijtrizrrtmcltt shall be granted at the:-request of_ a_ party, except where the circumstances are beyond "the control 'of that party. _ [¢),th¢_ Exit tint the pleader of 'a party is ettgaied in. another court.

. shill itot be a_ ground for adjournment. 5 {ii} where the iitness of a pleader '9: his i lgilitgf to conduct the .case {or any reason. other than.his being i --another court, is put for- ward as a ground for adjournment, the court shall not grant the adjourn-

ment unless it is satisﬁed that the pa:t1g applying fér adjournment coulti _7 not hats-.'eosa_9.ect another pleader in time. ' ' 7 ' .

.[e} whereﬂa witness is present'in uotnfbttt party or his {leader is

-not present as the party or his |.?lcB..dII',Vﬁl__0i},lgl'|,E":'pi'¢__Eel1l in court, is not ' ' ready_t'o' examine or cross-examine the witltess. court may, it it thmlts ' ﬁt, record the statensentof the witness sins] 1_:t_ss¢"_s1I_t:h éorder as it thinks ﬁt dispersing with theexamination-in-chief of-ctbss-examination of the witness, as the case may be, by the p8t'ty_ or his pieader not present or iii?! reed! as aforesIi,d."

It is-further T -' - V "Where thetevidence or a substantial of thepvidonce of stay parry heen recorded and such parrylfaiisjto a_ppear»on uni: tisjr to » [wise-.h'the hearing of the suit "is adjourjned,4he-itt§Jt't.;may, in its discreii-_m. the case as it such party were pt-tgesntff' ' Sills life hvesgended at the end of this Regortf and particulars _a|_' the special us" System which has been adopted.-¥_ist._I<;;ersla for the dispose} _ i_n_ subhtﬁinste courts. We have been that the system has povetlj t eﬁectise iti-.-redueirtg the backlog of cases ejsuring early d.sposat at ﬂies.' other High. Courts may ¢}§ﬂ:_lI_li!'_i€'§'Eﬂ|e " question "of adopting dseig tesgeetive States. either in itsenﬂtetjr or with such modiﬁca- tions es" my beiconsidered necessary. ' _ T: - 4 ' ' Esau Law Qutmly, Vat. 15, No. J [Indian Lew |naﬁtulI'.;;\|t'._lI. St1Ia.Uuit), illle -I-8. _ "Pun 6.3, supra. _ tom: t1, mu H2), Proviso, cmc.

'Sh .-Qtpﬂrldix ltspecinl List System in lteralu}. ; .f1-hi upon, Vol. 1, pup. 333-334. pant 59 t_o_i-_ st st-tat aacrtpuon of the Model:

spat.' 1 35't- -_'t' (ﬁll. --

tives._ Commissions.

Leaal ' r=pr=s=nta- 6.12. One of the causes of long de_la_y"in the disposal of cases is' the inordinate length of time which is consumed in bringing, on record the legal represent- tives of a party who dies during the. [ﬂﬂdﬂncy of 'the'case. The amendmmt made in Order XXII. Rule 4 of t-heFCode of Civil Erocedure and the of Rule 4A in' that Order by Act 104 of 1976 may. to some extent, 'be helpful in relieving the difﬁcuity.

6.13.' Another cause of delay in disposal of cases is the provision about issue of commissions for the exarninntion of witzuesses or for local inspection.' Quite frequently, the needful is 'not done by the next date of hearing. sand the ' case has to be adjourned repeatedly on that account. Necessary directions may be given, while issuing the commission. to ensure that the needfu] is done bgfore the next date of hearing. Only in exceptional cases, the necessity should arise for' giving another date for the purpose. Obligation may also be cast, except in some pa'rticu]ar cases. on the party -desiring-the examination of a witness on cotnmission to ensure his presence beﬁc-re the commissioner on the date ﬁled.

'Order 2.6, Code of Civil Procedure.

at:

gets i CHAPTER 7 of the counsel for the parties as well as the presiding oiﬁcet-_ of the _ Int. This would fﬂ€ﬂltﬂ_.l¢ task of the Court in appreciating the contentions ' qchtsnced and apra'uinE;hcI:the etudence adduced at the ' On 'the contrary; if V" are a great length at time, that whole thing would have he be re-read by the-counsel for the parties and lnn§lr]_I'pI_tasagea from the evi- dencewnuldhavetobercadbythemfor'thebene[it_ct_jﬁe" " i-with 1-View to t'_him with the things brought. out-in deposition of the 5;'; ' ' or complicated cases wherein evidence hssto be Lens -11"

_ -necessary to grant short adjournments to enahlé P9-flit?-9' Courts 1 1 "mm , erglrments. The adjournments ted fergthis; purpose should: no': nu$_1'eEult elfaeing or-_ p' oi the impressions created cue. the recourse to adjournment _sl1ou1d--he some of the cases not invariably in every case, compltmted _orsi1_nple,=3ss a.- matter of course. ' ' c There is a common complaint of lengthy arguments, dieing' addressed. "If Lensthr ail"- not be out of to refer to the :_nade_.in the Fourteenth ="°'=_"- . t the_I_.aw issioni which read as under! . ' I»

-38"

as?

-Es r 9* _ "Itistruethatinmanycasesargnments ' iumluly prolix. some."- imes the at-gtnnents become lengthy court either from in- experit-uce_or_for reason is unable to control counsel. Some law-

yﬂte are longwinded; others are brief and no the point. Similarly some has .

mdeanifnecessrygothruugh therecordtzfthqtaseg foretheargtiments are _ and to refresh its memory. The. oﬂioer who has fcliowed the evi ' ce will be in a much better 'non to control argu-

- merits. The control of arguments is a- matter must pre-eminently helefttothecepacit ,experienceanddiscretr'oncfthejudgeandthegood ' sense oi.' the advocate. We do not thin]: it is practicable to confer any special powers on the judge in this p _ V often. delay is occasioned by" the of arguments wry date on the conclusion of the evidence. - 'I11: law. contemplates that arguments shall be heard immediately after the evidence is conclud- ed. Inmany en . however. arguments are potstp'oned _cither'because the lawyers are not ready or because the court_'has; other work on hand. If s ié the court' diary is methodically prepared in the manner a1ready=-1ndicat- ed. there will be fewer occasions for a judge to posﬁtone the arguments ' on on of the eyidence. The Court must insist upon the law- yerrappcanng in case presenting their arguments immediately on the ' conclusion of the evidence. Such apraetice pnm_:1s.on the original side. of tﬁe High Court in Bombs . where howetrer he'avy-- the record, counsel . e _ preparethen arguments. Iueases ofexceptional diﬁculty. complexity and a heavy record, it mayiperhaps be reasonable '14_lI'.h 'aspen, Vol. 1. pages 345, 346. _ '

-23 pum-

no and various complex questions of law arise r determination, it ""'-"' """ "' "° .

C_itaIion of authrr 7,4, mics. _ tlretrily nnrat the cost of i:oInp|ete-

null. -

lru'iT."V'~| ' ur EIll'I€.'."-"-

j gm-t.-.rt1- ' _PlI}pal'ali-mt dncroe between and 24 to give :1 short adj-ourm'nenl to enable the nienisz but the nurrnal rule should be to on uh; r.-on-clusion of. the evidence."

lawyers to prepare their argu-

hcar the arguments immediately One general tendency is to cite a very large number of authorities all to read lengjhy passages iron: lllﬂle |udgn:¢-.nts. .E1_1_:n['iunc¢ tau; us nut an rate all most: cases rlepends upon facts. The law bearing on the cases is waﬂ. hﬂlllﬁd by statute or the pronouncements of the highest court. Jt would be much patter it'. the judgmenlrs of I11: trial courts deal lilillh questions of fact by aﬂizk. I113 516 Bvldeﬂfﬂ. srefer to the reletquit statutory provisions applicable to thc matter ;mJ cite such of those ilulhofltics as ham: 3 dirgct bearins_ B1,,-dug.' of the judgment-.' with too many" atutltvorities mostly with '4 view L0 distittguith them 11.4.» iirmiably Ihc clfect of making judgments unduly lengthy. It has to be borne in mind that the primary Iulotion of the judge is tndccide the can before him. A judgment should set out the salient facts of the case. deal with me poll'-'ls of cunlrcn-reiisy. 'pptaisc the relevant evidence, discuss the questions if atﬂjf, granted lo the plaintiff. ' I o 7.5. A judgment. it ncecis to be emphasised. is not a inedium to display the Ieurnlug of the judge, on poinas 1-ghii;h.=l:uve only incidental 'bearing . The func. tion Di a judge while deciding a case is not the same as that of at research scholar writing :1 thesis on :1 particular branchof law; The art at writing not very long judgments while at the same I311}: rlealing with all material points of controversy wit be -.tuqu.red only'alow1y.an-rI gradually.

ciandeatsillg the ntmrimutn of ideas into 1|'|C_lIIil'l.i[l'1Ll]1'l of words I 7.6. 'lha.-re is, however. one danger which we have to guard against. Brevity in the matter of judgments should not be used as a justification for not dealing with inuuiivcnient contentions anti not facing the crux of the argument of a counsel against whom the judgedecides the matter. The stress on brief judg- mtrms shﬂdill certainly not provide I cover inlellechuatl dishonesty. .A.'bala.n4:e has, therefore, to be kept in the matter.

7.7. We -also wish to en1pha.~,is:' the iaiipurrance of ensuring that the time-lax between the conclusion: of arguments ad the pronouncement ul juzlgtnent should not be very long. Curnplaﬁlts a_tre sometimes made" of _aome iudloial utfiners glgﬁping over their judgments and taking, unusually long inn: lor this purpose. This must be put an end to. It is also :1 mistake to Suppusejhat judicial uﬂ5- cers can protiuu: lactaer judgments by taking long time for thrﬁr preparation and f'Il'l3I'!U|1.l'!'.'r'.'l7ll6l'JI. We would in this context draw attention m_ 'the oromsu app:-ricl-:d to sub-rule Ll) of Rule 1 of Order XX of the Code of Civil Procedure by Act H14 of I976, according to which.' where ilk? Jlldﬁmﬁﬂl [5 110? P"_m'}"9C¢d at unL'L*_ en-.'y endeavour -shall be nmr:k_ by the cuu_r_l to pronounce the lildﬂillﬂii within ﬁfteen days from the date on which thi: hearing of the CEIISC was Cﬂneludﬂd but. where it is not practicable so to do, the court shall ﬁx at luture «lay for the ,',m.muncg-mam of the judgtnent. anrl-nuch day shall notordinanly be a day beyond thing: days from the rlate on which the l'IE.3.Ti!Lg of the_c:1sc -uras_nonr:|.udotL and due notice of the day so ﬁxed shall be given In the partseo or _t_he:r pieaders pfgvidﬁd runh-_r thaz when: as judgrncnr is not pi-onnunued mthin thirty days from the out; on 'wI1ich the hearing of the case wns conclud-ed. ll_:_e Court shall rhcﬂftl the reason-; for such delay" and o E: 3 future day on which the Ill"

be pnmrguncad and due notice of the day so ﬁxed shall be given to the pirtlu or their plcstdzres.

DECK EE of 73, The necessity of avoiding ﬁlo)! in the preparation of the decree ltﬁcr the 1' ' d2 rrnssl also be emphasised. In this context we would '£l::n::wlﬁ:l?§:ttf;n{lioiﬁilipalkule EA inserted in Drtler XX Hi the Coat of 'C'1Vi| [-frgcgdufc by Act [04 of 1076. Aucnzning to sub-rule (2) of Ih_c newly added Rule. every cruleawour 'shall. he made to ensu_re_:hal the decree Is dJ':'il"r'" "P '*5 ¢};pgﬂ-]1iou~,'ly as" possible. :mi:l. in any case. withm ﬁfteen days from tit duh; on which lh: judgment is pro-ruauneed; but where the decree is not dl"-iwn up Wﬁhiil '(,'t_ ztl. R. "I, C.?.C.

-'U. Ell R, tﬁ-Ail]. C.P.C.

11 is indeed learning the an of ' for mental lethargy nor an alibi -for -

the abtesaid. the Court shall. if requested so to do by a party desirous of a la; intact the decree. certify that the decree has not been drawn up and . ' ' ate in the certiﬁcate the reasons for the delay.

1.9. _ One other stage where considerable delays take place in certain category Sty! Ifkr enli- of salts is thatsuheequem: to. the passing ofa preliminary decree. In suits for "'"'p "7 "'i"""'t; rendition of accounts or for partition, the courts. after awarding preliminary 1,, "gm? decree, generaily appoint a Commissioner for going into the accounts or for ' ' eﬂectieg partition by -metes and bounds. Experience tells us that such pro-

txedings e the Commissioner linger' on for a long time. In one metropoli-

tan city, the above task is performed by a judicial oﬁcer, while in other towns it. is actuallyeentrust-ed to Commissioners. Complaint all the' same has been inside that even before the said judicial oﬂieer the proceedings take unusually king' time. It is necessary that the court awarding. the preliminary decree should keep a strict watch with a. view to ensure that proceedings after the preliminarv decree. do not get protracted indeﬁnitely. This can be done by asking for some kind of progress report whenever request is made for extension of time for completing the proceedings Some credit may also be given, in taerms of statistics, for awarding the ﬁnal decree.

Advanta of concilrsgion.

Other countries.

Conciliation in Japan.

' as crrarranﬂ CONCILIATTON

8.1. One of the methods which can be devised for the courts of the heavy load of cases is the adoption of the system of conciliation of civil cases.

' Settlement of cases .by mutual compromise is uite often a better method of ending the civil dispute than the alternative of ' g the ease to the bitter eﬂi bi' taking UP the matter -in appealtrom one court to the other. The latter method, apart from hurdening the parties with heavy ﬁnancial expenditure also quite often leaves a trail of bitterness. Results more in oonsonance with equity and good conscience can sometimes be achieved by having a mutual sgtt]g. ment of the dispute than by having a court decision one way or the other, According to the Fourteenth Report of the Law Commission.' the system The relevant passage in the .

of conciliation was being tried in three countries. Report reads as under:

"The Code of Civil Procedure does not contemplate such (conciliation) proceedings but such a procedure exists in Japan, France and Norway. In.

Japan it is the duty of the court either on the application of the parties or sun more to send all civil proceedings either to a body consisting of two Iaymengand a judgrror to judicial commmissioners for a negotiated settlement. If -the conciliation court succeeds in persuading the parties to arrive at a settlement, its terms are recorded by the court and theorder becomes binding as a judgment. In the event 01'. a failure. the-proceeding is dealt with in the ordinary manner. In France. all cases go to a Cantonal ' Court presided over by a layman for conciliation and an agreed settle- ment. Failing a settlement. the case goes for disposal to the court. "In; Norway, such proceedings are an essential preliminary to a proceeding in a civil court. The proceedings first go before a conciliation council. com- posed of three mediators. designated by the local authority. The council can record an agreement. If any of the parties fail to appear, the council can in petty cases settle the proceedings. If the conciliation proceedings fail. the parties may approach the court for the redress of their grievances."

The characteristics of the conciliation system in Japan" have beenlgiven in a publication entitled "Outline of Civil Trial in Japan" issued by the Supreme Court of Japan in 1969. The passages in this respect read as nnderiz "4. Conciliation Cases.

Conciliation is a system peculiar to Japan. Its special characteris- tic is to settle disputes not by means of a formal court decision but by mutual concession of the parties concerned through the good offices of the Conciliation Committee. composed of either one judge or onetiudge and two Conciliation Commissioners. appointed from among the people in general. Since the proceedings are simple and inexpensive, the extent of utilization is very great. So. in one sense, it may be said that It fulﬁls a part of function of legal aid in our country. In 1963, cases newly re- ceived for conciliation numbered 54.323 while thetotal number of cases received by the courts of the ﬁrst instance wa__s 134.308. ._The ratio bet- ween the two is roughly one to three. Judging from this fact. we can easily tell what an important part the process of conciliation plays in settling civil disputes. It may also be interesting to..noto that number of cases involving domestic disputes newly received for COlJC1llal'tOn' in 1965 of the Domestic Rclationsilﬁvision of the Family Court amounted to 60,015- ' Historically this system was originally adopted in 1922 for-'the _DIl_1"

pose of settling disputes involving land and house lease 35 iﬂdlcﬂlﬁd 1'1 Wﬂlliourteenth Report. Vol. I, page 319. P913 _35- _ 9Supreme Court of Japan, Outline of Civil Trial in Japan (1969).

s26 27 the Law for Conciliation concerning Lease 01 .]_;,md or Housc_ but since then its scope. has been expanded and now it is made available to settle all types of cm] disputes.

'_I'he_ proceedings in conciliation cases are commenced, as a rule, on the application of the parties concerned, but the courts on their own

-mot1on,_ occasionallyrcfer cases pending before them for conciliation. lhetermmatron as to whether a case should be disposed of by the Concilia- tion Committee or by the judge is a matter within the discretion of the court. On the date of'conciliation, the Committee or the judge in charge as the case_ may be. summons the parties concerned and endeavours to 5'-'-mt! t1_1t= d1Sputes'either by persuading them to make concessions, or by suggesting proper conditions of settlement.

_ When conciliation is successfully accomplished, the terms of concilia- . tron are entered in a protocol. Such a protocol has the same force and effect as a ﬁnally binding judgment. On the other hand. if the concilia- tion has not been successful, the proceedings cotne to an end with the disputes still remaining. unsettled. In that event, if the court deems it necessary,--it may resort to the judicial 'process and adjudicate the case by entering a judgment in place of an agreement: taking every circum- stance into consideration, regardless of the failure of conciliation."

8.4. In Norway, when it is intended to bring an action against someone, the case cannot as a rule be brought before the court unless an.attcmpt has been made to settle the dispute by way of mediation. Such mediation is carried out by the conciliation 'council. This eoimcil is composed of three members elected by the rural or town councils for a period of four years. As a rule, each rnunici- pality is to-have a conciliation council. It however, permissible to divide a municipality into several different conciliation council jurisdiction. Accord- ing to the public':a'tion "Administration of Justice in Norway" edited by the Royal Norwegian Ministry of Justice} there- were in 1957 about 750 conciliation coun- cils. Professional members of the Bar and certain State officials were not eli- gible as conciliators. Conciliators were normally always non-lawyers. They were paid a petty small fee for handling of each individual case; otherwise, they re- ceived no salary. There is no mediation by the conciliation council in matri- monial cases, descent cases, casesbrought against the-.State or municipal autho- rities or instittztions._ The procedure adopted by the conciliation council has been described as under : . ' "It is up to the one who intends to 'bring the action to request mediation by ﬁling a summons with the Conciliation Council. usually at the place where the other party is domiciled. The summons must state the subject matter of the dispute. The chairman of the conciliation council will then summon the parties to a sitting of the council, where they, as a rule, must appear in person. They are not allowed in any case to let profes- sional. barristers appear in lieu of them or to appear accompanied by barristers. If the Conciliation -'Council succeeds in bringing about a settlement between the parties, a formal agreement is entered into and is recorded in the oﬂicial records of the Conciliation Council. Such a formal agreement will. in the main. have the. same ellecr as a ﬁnal judg- ment. It the parties fail to agree, the dispute will usually be referred to the Court for trial.

The Conciliation Council may, however, pronounce judgment in any case, provided both the parties appear and request the Council to settle the dispute.. On the request of one of the parties only, the Conciliation Council may deliver judgment in cases concerning the boundaries of bounds of estates or grounds, in cases concerning established partial rights -in immovable property as well as in cases involving claims for com- pensation for damage inflicted on such property, provided the' value or the matter in dispute does not in any such case exceed Kr. 4,000 lie. about £ 200), and in cases involving other claims of an economic nature if the value of the matter in dispute does not exceed Kr. I,0(]-ll lie. about £ 50}. On the request of the plaintiff theconclliation Council may more- over deliver judgment in debt cases, provided the value of the llloyal Norwegian Ministry of Justice, Administration of Justice in- Norway {I957}, pages 19-30. V Norway. ' Figtiru Nor-

way.

Views eiipressed in the discussions with the Chair-

man in Norway.

Denmark.

France.

Pakistan.

matter in dispute does not exceed Kr. room [i.e. 5 son if the defendant

- 51'1"' I". "P5':'"- 9' 'f '15 "FF?" and at:t_nowledges his obligation to my C iJrl!1CI_p_a _dcli|. In' practice the privilege of delivery of judgrricnt-_by El?' C9"C1l*3"0ﬂ Cﬂﬂﬂcll Is 05!)' exercised to a small extent, apart from cases where the defe_nt:lant_fails toyappear. In such. cases 'judgment is delivered on the basis of the plaintiffs represenmtion of the case in so far as it does not conﬂict with established facts."

3-5« gtoonrdins _to the above publication,' in 1954 the conciliation courts lcouncilsldeslt with 24.773 cases. Of these, 2312 cases were settled by way Of mediation: 6,477 cases were referred to courts of justice for trial; were settled by what is tcclinicall _ called "delivery of in cm by default". whiic '75.! "5'5 WC" "~"h'-'=1'W's° Udgﬁd. The remaining 5.753 cases were Fl-'J¢C1€d. formally taken out of the council or discontinued.

The fact that mediation has already been tried without success in cares re- ferred to the Court of justice does not prevent the court in question from aftcmpt. mg mediation at any stage on the proceedings, "mi, 3190 apprus to cases in which conciliation council has no jurisdiction. Jud' is delivered by the conciliation council can be appealed to the Country or own Cum, Tlic_ﬁgure_s ip Norway of total number of cases in the year and the number of cases in which roconciIialit'Jn_H{IS 5":-'H3111 3bC_*1lt_ during the years 19'?! to 1976 are given in the publication 'Civil Judicial Statistics l9't't5" published by Central Bureau of Statistics, Oslo. Norway". These figures are as under : ' Yea!' Total number Reconciled I971 «-"' 60295 4500 1972 _. "idiots ' 4320 1913 79520 5159 l9?4 34004 4999 1975 ' 80303 4524 l9l'6 81460 ' 4329 8.5. The Chairman of the-Law Coinniission who happened to be in Europe in some other connection. had the occasion to discuss the mnciliation system with some of the judges and a leading member of the Bar in Norway. lt trans-

p'red during the course of the discussion that most lawyers considered the con- ciliation machinery in Norway to he more or less a formality, as not more than 10 per cent of the cases got compromised. No lawyer can appear before. the conciliation council. Only a small court fee is necessary for proceedings before conciliation councils, In case conciliation efforts fail, separate plaint with proper court fee is ﬁled in regular courts.

View all the same was expressed that the conciliation procedure was not withutit i's utility. especially in cases of small value.

3.7. It also transpired during the course of the talk in Norway that the con- ciliation systcin had been earlier in vogue in Denmark, but it was given up ncarabout the year 1952.

8.8. Conciliation procedure was in vogue in France, but in the ﬁfties of this century. the procedure about conciliation was given up. _='-'Itliout two "years ago, it has again been rtzviired in the parts of France, as it was felt, that the system was not altogether without merit. ' But it wt-..~'. :-icctirdiiig to French oiﬁeials in the 4;-nurse of discussions with the Chziirninn, too early to express any opinion about the success of the sysem after its revival in France.

8.9. -The .'i}'5l.-1:111 of conciliation has also been tried in Pakistan. The Concilia- tion Courts Ordinance was promulgated in 1961. The Ordinance brought about important changes in regard to settlement and adjudication of pcttycivil and criminal cases. Pritnarily the role of the court is to conciliate between the parties and that is why it has been given the narric of the Conciliation Court.

'Royal Norwegian M:r'nisl.ry of Justice. Adminislrntinri of Justice in Norway f|957).._ page 31.

-'Central Bureau of Statistics, Oslo. Ntinvay; Civil Judicial Statistics, 19%.

The Chairman has to constitute the Court every time a case is brought to him for settlement. Each of the parties to the dispute has to nominate two re tatives out of whom one must be a member of the Union Council concerned. So. the constitution of the Court varies with each case. The system of settlement of petty disputes through local 'tribunals has also been extended to urban areas. The Report of the Pakistan Law Reforms Commission 1969-70 published in I970-sheds light on the workingof the conciliation courts. We can do no better than reproduce two paragraphs from that Report' .

"In spite of all the objections made against the system of local tribunals, we find that the Conciliation Courts have been playing a useful role in settling disputes amicabiy. By and large people are satisﬁed with the sense of participation the system gives them and in principle the institution of Conciliation Courts is not open to any serious objection. These.Courts have not only provided relief to the ordinary courts but have also enabled the parties to get quicker and cheaper justice. It will appear from Appendix I to this Chapter that each year quite a sizeable number of cases which otherwise would have 'come up before the regular courts both on the civt'1 and the criminal side; have been dealt with by C th=3e- Courts in both the wings-of the country. To a developing society like ours where our ﬁnancial resources are more needed for development projects, it will not be advisable to scrap this system as otherwise it would nndoubtcdlynecessitate the setting up of more law courts and consequently an increase in the expenditure. The Conciliation Courts have also saved the people from unnecessary litigation expenses because only a" nominal fee is charged from the petitioner on the edition ﬁled by him in a Conciliation Court. The parties are also saved from the expenses of engaging lawyers becaluse the provisions of the Cont-iliatirm Courts Ordinance do not permit the appearance of legal practitioners in ngs before a Conciliation Court. As the witnesses are available at hand, the parties do not have to incur any heavy expense for taking them to the Tchsii. Sub-divisional or the district headquarters where the courts are situated. ' The criticisms levelled against the Conciliation Courts are based on rr comparison of these Courts with the ordinary law courts. This com- parison however. not iustiﬁable because the Conciliation Courts have been set up to ﬁre effect to the long established custom of settlement of-

disputes through mediation. arbitration and compromise, whereas the Drdinary courts are primarily required to decide all matters brought before them in accordance with law. In the case of Conciliation Courts, ad'rutli- I cation of dis tes is not the primary function. A Conciliation Court has to adiudtmte only where its efforts at conciliation have failed. In most of the cases. they do succeed in effecting conciliation between the parties. It was suggested to us that the jurisdiction of the Conciliation Court should be conﬁned only to bringing about compromises between the parties and settling disputes through conciliation and in case of failure to let the matter to go to the regular courts for adjudication according to law. This suggestion cannot be accepted. because a tribunal which is empowered to settle a -dispute throuoli conciliation only without having any power to decide it in the event of failure of conciliation cannot function successfully. No one would like to take a dispute before a tribunal which does not possess the power of finally determining it. It is fill' this reason that the vil1a,<re, ponchmvotr even in the earliest days cninyed powers of deciding cases where the _nerties- failed to reach at some settlement. 'The decisions of these poncituyarr were always res- pected because the members of the pm-trims}-an enjoyed full and complete conﬁdence of the parties. Tt is therefore. notdesirable to depriue the Conciliation Courts of their futlicial powers and to restrict or limit their ﬁmction only to the settlement of disputes through corIcr'liation."

-8.10. It would appear from the above that the st/mm of conciliation has not hcetI,at_:t tatlctualiﬁed success in the countries in which it has been tried. At the same time. rt cannot be denied that the system is not without its merit.

"I'ai:istan Law Reforms Commission ltu.-port."

3e-4-68 La|t.D.f'l9'lD,f'l8 Recommendation as to ﬁshy system ru-

troducetl on tape-

rimenrtal basis Settlement by the Conciliation Board.

Procedure of pro-

ceedings taken in suit.

We would recommend the setting up of conciliation boards on experimental basis in certain areas in disputes giving rise to claims for the recovery of money not exceeding five thousand rupees. Every such board should oover_a block of population of about one lakh in rural areas and about two lakhs in urban areas. Every aggrieved person. before filing a stir': for the recovery of money not exceeding five thousand rupees, should ﬁrst approach the conciliation board. The board shotild try to get the dispute amicably settled within three months of the service of the notice on the person complained against.

8.11. If settlement is arrived at within that period, the settlement should be reduced to writing. it should be signed by all concerned and he ﬁled in court like rt compromise. If no settlement is arrived at within three months, an order should be made by the board to that elfcct, Even if no order about settlement having been not arrived at is made by the Eoard "within the above period of three months_ the court shall presume that no settlement was possible.

Such category of 1-illifs as may be considc-red advisable may be kept out of the jurisdiction of the conciliation boards.

8.12. No plaint should be filed inany court relating to a dispute mentioned above without the aggrieved person first approaclﬁng the conciliation board. In case. hov,-ever. sufficient ground or urgency is shown to the satisfaction of the 'court for straightaway starting such proceedings without approaching such board.

1£x|:_ierin-iental basil.

Inducing parties to recon to 3113i' nation.

time as recourse is bad to the the court may entertain such a plaint. in case no such sniﬁcient cause or urgency is shown, it would be within the competence of the court to reject the pluint or, in appropriate cases, "to stay further pi-ouaedings in the suit till such board. Suitable provisions for this purpose will have to be enacted if it is decided to adopt the above scheme. The details of the scheme can also be gone-into at that stage.

8.13. Av mentioned earlier.' the scttin up of the conciliation boards would have to be done only on expcrimenta- basis in certain areas; If it is found that the conciliation boards have proveda tuneful agency in relieving the work- load of courts and the experience in other respects is also happy. we might extend the system to more areas In case, however, our experience is to the contrary, we may do away with conciliation boards even in those areas where they :u-e- set up on an experimental basis.

3.14. It mig_,bt also seem desirable to induce" the parties to resort to ﬁrbittation in case ctincfliation prorcedings, fail. The eﬂorts of the conciliation board should be. as mentioned above} to bring about conciliation between the parties. In case. liovvever, the parties somehow do not agree to a mutually acceptable com.- proinise formula. in that event, the conciliation board might suggest to the parties the desirability of referring the matter to arbitration.

'Para 8.10. supra.

'Para 3.11. nipra.

cH.u'ran9 RECRUITMENT AND PERSONALITY OF _'I"I-[E TRIAL JUDGE:

INSPECTION OF COURTS AND TRAINING OF JUDICIAL OFFICERS Recruitment and Personality of the Trial Judge 9.1. Whatever" suggestions may be made to improve the working of our subordinate judiciary with a view to eliminate delays and ensure prompt dis-

posal of cases. everything in the ultimate analysis.wou]d depend upon the pcrsonality of the trial judge. A trial judge indeed is the linchpin of the entire system. Nowhere, it has been said, in the whole range of public-oﬂice ' are weaknesses of character. intellect, or psychic constitution revealed more merci. lessly than in the discharge of the responsibilities of a trial judge. The advocates engaged by the rival parties ﬁght tenaciously to protect the interest of their clients. No one can preside effectively over such a situation if he is mediocre in intellect or professional slcill_ lacking in decisivcness, or is otherwise not emotionally stable. 'The court~roon1 decorum, it has been --observed. has to be maintained with a ﬁrm hand if cases are" to be tried fairly and expedi- tiously. Asithe case proceeds, the trial iudge is called upon -to make many rulings and pass interlocutory orders which are of great. strategic and tactical importance for the ultimate decision of the case. These rulings have to be Elven and orders made under the pressure of the trial and without opportunity for elaborate arguments. The trial iudge. it has been said by the American writer H. W. Jones.' who is shaky in professional understanding, imperfect in moral resolution, or unduly conciliatory in personality, will 'inevitably be over- powered and overborue by forceful and aggressive trial counsel. The evil that Weak judges do. less often from partialitv. as commonly supposed, than from a simple psychic inability to stand up to abrassive or strong willed leaders of the trial bar is a bitter but la'r,c_velv untold storv in the administration of iustice, Other ::hortcomin_r_rs which sometimes mar the proceedings in a court of law and leave a bad taste with litigants and witnesses are short temper. pcevish> nature. iraseihle-disposition. overbearing manners and undue impatience of a trial judge. Proper and fair trial reouires not only professional competence:

it also needs cool temperament. mental ﬁrmness and capacity for remaining unruﬂled despite the provocation given and the stress and strain caused by the unscrupulous conduct of those who appear during the course of the trial. Tf. as obscrved.bv'Roscoe Pound. men count more than machinery in adminis- tration of justice. it is imperative that they should be men of the right calibre.

9.2. It is, therefore. essential to attract vounc bright law graduates and lawyers of the rinht calibre to the iudiciary. This can only be done if there are rrood uay--scnles for the iudicial oﬁiocrs. it is. no doubt. true that the pay--scales of the iudicial -oilicers should normally be such as fit in with the general pattern of pay-scale: of government officers of eouivalent ranlr in other departments: it has.

at the same time. to be borne in mind that bright vounr: lawyers can earn mucl1 more in the profession. Unless. therefore, we are going to be content with mediocrity manning our iudicial services. some allowance would have to be made for the consideration that by sticking to the profession. bright young lawyers can earn much more. One way of meeting the obricction that there should not be much disparitv between the pay-scales of iudicial oliﬁcers and those in other government service is to give higher initial pay to a iudicial ollicer by taking into account the number of years he has practised in the profession. It is also noteworthy to observe in the above context that unlike people ioining other services. those entering the iudicial service do so at a higher'aee because of the requirement about practice at the bar for a certain number of years. Keeping in view the fact that the age of retirement is the same for both iudicial officers and -those in other branches of administration. it would follow that the 'judicial oflioers would be putting in less years of service.

9.3. It may, in the above context. be nertinent to refer to the observations of the Law Fommission presided over by Shri M. C. Sctalvad in its fourteenth Reoﬂrt. The Commission said:-1 'Han'? W. Jones. "The Trial Judo:-~------Ro|e Analysis and Profile" in Harry W. I0n¢3 t'Ed.]. 'The Courts, the Public and the Law Explosion H965). page 13?.

'l4lb Report. 'Vol. I, page 163. para R. 31 Personality.

Need to attract Imght young law graduates.

14111 Report.

Requirernent of practice.

Recruitment from the her.

All India Judicial Service.

"In the matter of scales ofpay and remuneration, the judiciary ctllnllres unfavourahly with the executive branches of the Government. It is true that. generally speaking. .t]:|e scales of pay of the judicial ofﬂcers and the corresponding executive oiﬂcers are identical in many of the States. However. it has to be remembered that the executive Dﬁiﬂefs 31%. ill' and recruited at a much younger age than the judicial officers. The entrant to the ]°utlicia.l service is required to be a gaduate in law and in most of the States it is also necessary that he should have practised for a certain number of years at the Bar. On the other hand, for reeruitrnent to the executive branches of Government a degree in arts or science is. generally speaking, suﬂicicnt. In theiresuit. a person entering the itldicilll service does so when he is about twenty}-six or twenty-seven vears of ace and at a time when his conlternpor-aries who have entered the executive service of the Government have already acquired a certain seniority in the service and have come to draw a higher salarv. It will thus be seen that a ncrs-on ioinina the iudicial service starts with :1 lower remuneration than What he would have received if he had entered the executive service a few years earlier. It has also to be noted that owing to the lesser pro- portion of superior posts in the Judicial Service. promotions corne less quickly to the iurlicial oﬂicers. and a person who has entered the service as a rnunsiﬁ. assuming that he is lit and fully qualiﬁed. take much longer- time to become a district irndge than would an equally competent dcnutv collector to reach the position of a collector. Again the iudicial officer.

having started at a later ace. has'a shorter span of service than the exe-

cutive oﬂicer and this effects his pension and other retirement beneﬁts."

9.4. One other question linked with the above is whether practice at the hat for a number of vears should'he made eornpulsorv before a person can be recruited as a iudicial officer. In case the answer be in the aﬂinnative. another ouestion which would arise would be as to what should be the period of practice. Pmtagonists of the view that it should not he necessarv to insist upon practice for a number of vears at the her assert that practice of three to ﬁve veers serves no useful purposc.--Durina the ﬁrst three to ﬁve vears. an averanc practi- tioner hardlv picks up much practice. As such, it is stated. he does not acquire or-est farniiiaritv with the procedural and substantive aspects of the legal svstem. It is ooh! I156 €-'<C6oﬁonal_ fsvourahlv situated vouner man. eniojvinrz the advantace of haviruz a senior member he-ing interested in him. who would nather much esnerience at the hat in so short a time; Such an exceptional person. as observed in the fourteenth Report of' the Law Commission, woulcl naturally not care to he a comnetitorfor entrance into the subordinate iudicial service. It. therefore. ha_nvnen=- that most of the people whtvstrive to get into the iuriicial service after three to live vears at the bar are the disappointed persons. Recruitment from the bar is thus described hv some oeopleas recruitment from amonast the disapminted members of the bar who have failed to maize much headway in the profession. ., 9.5. As against the above view. a substantial hodv of opinion still favours the retenfinn of the svstcrn of recruitrnent from the members of the bar after thev have practised for a- number of vcars. According to this opinion. the system of recruitment from the har has been in operation for the last rnanv vears and recruitment on the whole has been satisfactorv. It is also emphasised by the persons suhscrihins to this view that even though a member of the bar does not nrck up much practice during the first three to live years of his career at the bar. he still gets some familiarity with the working of the courts which proves to he of considerable help.

Wé l1aVe,C0nSider6d the pros and cons and are of the opinion that the present svstern o_f insisting upon a number of years of practice at the bar as mandatory for _rccrurtrncnt to the subordinate iudicial service should continue. The minimum perrod_ of practice. in our opinion. should be three years. Some exception regarding requirement of minimum practice may possibly have to be made in the case of law graduates employed in courts, 9.6._ --- At_thc same time. we are of the view that the suggestion to have an All tu_dr_a Judicial Service of the same rank and same pav-scales as the Indian Ad- muustratrvc Service should receive serious consideration. According to article 312- as now an1_ended._'l-"arliamen.t may by law provide for the creation of one °" '3'-'°1'¢ 3"'7"1di3-- SEFVICCS iinchrding an all-India Judicial Service) common to large.-

theunionandtliestatesi Weareeonsciousoitiietiictthataschool of thought andmanystatesarestronglyopposedtothecreation of all-India Judicial Service. The objection is. mostly based upon the consideration that since the proceedings before the' subordinate courts would be conducted in regional languages. members of the higher judiinnl service from other States would not he in a position to eﬁlcientljr disarm' their functions. This diﬂictilljr can be obviated if,.l.ike recruits to the Indian Administrative Service. the recruits to the All India Judicial Service also nndergo_ it period of two years. During thatperiod. thejican acqiurealsofamihiiriry vvilhandmastery or the. regional language of the State to which they are to be allocated alter the coin- pleiion oi their training period. The requirement about practice at the bar may perhaps have to be waived for recruitment toiﬁtll India Judical Service. as they will be recruited at a comparatively younger age. It should. however. be essential that the competitors are graduates in law.

BJIA. Another reason which should weigh in favour the creation of the All A1"-'gtfan an indie Judicial Service is the attrltction that an All India Service holds for bright indin Se!-vine.

young graduates, including law graduates. The result is that many of them compete for and are selected for the Indian Administrative Service. if the All lndialudiciaiserviceiscreatedndthihesainerardrandpajrsoaieusinoian Administrative Service. the Judicial Service would hold perhaps greater attraction for bright-law graduates. The Judicial Service in such an event would not he denuded oi talented young persons. The Laiir Comoiission presided over by Shri seialvan also felt [ills oiiticultjr and observed1 that an important factor which detracts from the attractiveness of the, judicial -service is the inferiority oi the status or' a judicial otﬁcer compared with that of" the executive oihcer. Ihe Law Commission in this connection 'referred to the following observations or" an experienced Chief .lustice:--~-- . 1 "One reason why meritorious young men or young practitioners ct some standing Keep away from the judiciitl service is the comparative _ inferiority or the status oil district judicial oﬂicers vis-a-vis omcers oi; the district executive. Formerly, the district judge. like the district ni.agisLraie.uscdtobeamenibcrofthe1ndia.nLivilServiceand lztis position in the District was superior to that of the District Magislmse,

-----Under the present sysuem. the district magistrate is a member 01 the Indian Administrative Service which is a service or an all-inoia character, while the district judge in a member ol the higher judicial service which is a State service. The dilltercnce in the category of the cadres to which they belong is reflected in the status they occupy in relation to each other and in the estiniation of the public. Vis-a-vis the snagisirate. the district judge feels sinitll and is treated as a person or little consequence. Nor can the district judge attain the sense' of independence which he might have acquired, it he had not been under the adinimstraivc control or the Slate Government in regard to service."

' iii. .2... oi 'the essential needs for the due administration of junior is not Rama." go...

only the t.'ttpa.cil.y of judges to bring a dispassionate approach to cases handled other Staten. by them. but also to inspire a tooling in all concerned that a dispassionate approach would underlie their decision. Quite often. cities which arouse strong local sentiments and regional feelings come up before courts of law. To handle such cases we need Judges who not only remain unaffected by local sentiments and regional feelings, but also appear to be so. None would he better suited for this purpose than judicial oﬁcern hailing troin other States.

ltis a. common feeling amongst old lawyers that apart from cases with political overtones. the judges showed a sense of year fairness and brought a dispassicnate approachin the disposal of judicial cases handled by them. We in are in the fortunate position oi.' having a vast country. There can. therefore. be no difﬁCtl1'1}' in having a certain percentage of judicial oﬂicers who hall from other States. The advantage gained by having persons from other States as judicial oﬂiccrs would be much greater compared with any disadvantage which might accrue therefrom lt tvoiild also. to some extent. result in I131-'l0I1i|-1 integration. _ .5.

9.8. Question has also been raised as to whether we should have a 'I'riiining. course for all recruits to the judicial service "before they actually start lunctionmg llcllh Report, vat 1. P339164. para 9, 34 _ .

astjudicial oﬂicers. We are in favour having a training course lasting for a period of three to six months for recruits to the subordinate _;i_:diciary_. Such period can be utilised tor,giving intensive to the judicial othoers by competent and experienced rnembersof judiciary. 1he_ stress in such a course would be to acquaint the recruits with procedural requirements for dealing withtdifﬁerent stages of cases. For example. the recruits can be trained as to how to-record statements of parties before framing issues, how to frame issues and how thereafter to record evidence and write judgment. The recruits can also be trained in the art of writing interlocutory orders. Apart from that. recruits can be made familiar with different stages oﬂ "execution proceedings and also taught how to dispose of matters at ach of those stages. One aspect of training can also cover the method of with administrative matters which are a part of the duties of a judicial- officer.

luspgcﬁom 9.9. The need for periodic and intensive inspection of the subordinate courts by the District Judge and a Judge of the High Court must also be emphasised. in carrying out the inspection, the inspecting judge not only brings to the notice of the subordinate judge any of the mistakes and errors committed by him; he also acts as a guide and mentor for the young junior otﬁccr. The emphasis in inspection should be to bring about improvement of the functioning of the olftcer concerned. The inspection can also provide an opportunity to the subor- dutatejudge to bring to the notice of the inspecting Judge some or the ditliculties which might have been experienced by him.

While stressing the necessity of inspection of the subordinate courts by the High Court Judges, we would like to sound a note of caution against a practice which has also come to our notice in a State of depuliug one High Court Judge for inspection of all the courts. The better pmtice in our view would be to depute a separate judge for inspection of courts in each districL Iudges in charge 9.10. ln some High Courts, one judge is placed in charge of each district for or districts. one or two years'. He periodically visits the district with a view to ensure proper . functioning of the courts and to see that the cases do not get old. It is staid that this practice has yielded good results. This may probably be due to the fact that the" judge in charge of the district is able to scrutinise more closely the returns received from the subordinate courts of the district; from time to time and suggest measures and give appropriate directions through the District and Sessions Judge for the disposal of old cases and. if necessary. impress upon the Chief Justice the necessity for the etablishment of additional courts on a perma- nent or temporary basis in the district for disposal oil old cases and for coping with the current tile. He will be also in a position to suggest such other remedies and measures as may be called for in the district of which he is in charge:

Cont?! of WW5 9.11. We feel that it is primarily for the High Court in each State to ensure that "V E311 C°""" arrears of cases in subordinate courts are cleared or brought under control. Repeated reports of the Law Commission or other Committees appointed for the purpose are not going to bring forth the desired results unless adequate steps for clearing old cases are taken in every State. The State Governments on their part should lend all effective co-operation and assistance to the High Courts for this purpose The Chairman of the Law Commission was informed during his visit' to one of the States that as many as sixty posts in the lvlunsiffs' cadre were lying vacant for many months and a number oil . the munsilf courts in several talukas were not functioning at all for want of presiding ofﬁcers. This was a perturbing revelation. Apart from the inadequacy in the strength of the subordinate judiciary to deal with the arrears and the fresh institutions. the failure to ﬁli up the vacancies immediately they arise will inevitably contribute to the accumulation of more arrears; it will also bring about a sense of frustration and helplessness among the litigant public which, for no fault of its_own, is prevented from getting appropriate redress from the courts in time. This must shake the public conﬁdence in the judiciary and underniine the image of the courts. It must be ensured that such a state of alfairs does not recur in future.

High Court': re- 9.12. A common complaint which has been made is that there are not enough ¢°"-'tt|1¢tld3l|°l= 3: number of judicial oﬁicers. The increase in the strength of the judicial oflicers §°|. :3 has not beeii ronnncnsurate with the increase in the number of pending raises. rag" F.-amp; Complaint also is made that whenever the High. Court makes a recommendation attention. for increasing the strength of judicial officers in a district, the matter has ' 35' to be referred to State Government which takes many months----or even some- times more than a year--to give its decision on the _ recommendation The decision qujtg often is to turn down the recommendahon of the High Court. Even when the recoitunendation 13 accepted. the-lapse oi time between the date of recommendation and its acceptance robs the ongmal recommendation or rts effeclivctjcss as a result or further aggravation of the problem. We are of the view that a recommendation of the High Court for increasing the strength of judicial ollioers in a district should receive consideration and not be lightly turned down. It may perhaps considered in the above context asto whether we should not have a convention that the recommendation of the High Court in this respect. in the absence of some compelling reason, be binding _upon the State Government. it is presumed that the High Court would not lightly make a suggestion ﬁor increase in the strength of the judicial olhcers.

9.13. In the context oi the heavy backlog 9! civil and criminal Cases for thﬂ Retired onieera.

clearance-not which we need additional courts for a_ period of a few years, we may point out the desirability of utilising the services of some retired _judicial ofﬁcers. The judicial oﬂicers retire in some States at the age of 55 and_u1 other States at the age of 58 years. Many of them_are known for their integrity, efﬁciency and quick disposal. The High Court rs presumed to know as to which or the many judicial citicers who have retired recently possess the above qualiﬁ- cations. To prevent appointment of judicial olﬁcers who have become senile or 'out of touchwith the judicial work because of the passage of long time since their reirement, it may be necessary to lay down that judicial otﬁcers only in the age group of 55 to 62 years should be appointed for this purpose. The appoint- ment should be made by the State Government on the recommendation of the High Court, No one shaculd be appointed for the post unless his name is re- commended by the High Court. For the work done by the judicial otﬁccrs, they would. in addition to pension, be paidsuch honorarium as may be prescribed. A number of old cases may be assigned to such judicial oﬂicers for disposal. and they would be expected to dispose them of within the prescribed time. The appointment should normally be made for a period or two or three years, with power to the State Govemmen; to extend the period or appc-intruent'at the recommendation of the High Court.

9.14. One difficulty which may be experienced in having rctiredtjudicial oﬂiccrs Designation. known for their integrity. eticiencv and quiclcness is that such judicial ofﬁcers . would normally retire after becoming district and sessions judges. They would, at least on that account. be reluctant to act as munsiffs or subordinate judges or magistrates. To get over this djﬂiculty, we might give them special designa-

tion like Special Judge (Civil) or Special Judge (Crirniual).

9.15. They should hear old cases pending in the courts. Appeals against their Jurisdiction. judgments or orders should lie straight to the High Court and not to the court of district and sessions judge.

Once the suggestion about the utilisation" of services of retired judicial officers is-accepted, necessary statutory amendments would have to be made.

9.16. It may, however. be not enough to have retired judicial olﬁoers to deal Alapeinnnenrt or with old cases. Some special recruitment may have to be made from bright WWW' °.' "*9 young members of the Bar who have practised for at least seven years for 3}" f°r "W"! disposal of old cases. These members of the Bar would necessarily have to be given a h1gher_,start and on satisfactory performance. he ultimately absorbed in service as District and Sessions Judges or Additional District and Sessions lodges. ghis fact might act as an incentive 'and induce bright young lawyers to join e service. -

Without that assurande it would not be possible to attract bright lawyers who have put in more than seven years practice to the job. It is most unlikely that they would offer themselves for the special recruitment if the prospects be that after the clearance of arrears, they would have to revert back to their practice. It also seems apposite that the procedure for the special recruitment may be sub- stantially the same as that for appointment of District Judges from the Bar. The . reason for that is that in the matter of selection for a judicial post from amongst the (members of the Bar with some standing. the High Court is in a much berm- pmitron compared to any other agency to appraise the merit and suitability of the- 9ﬂ9-d1_d3l_I=- According to article 233 of the Constitution, appointment of persons to be Dlstﬁct Judses In any State has to be made by the Governor of the State in I Serving iudses to he asked to deal with old cases Need to cl-en buckles within about three years.

he ccmsuliation with the High Court ¢K_.€IC|&iﬂ3j1lIiSi1iCll-On in relation to suclf State, white according to article 234. appomtrneut or persons other than District Jurlgce to the judicial service of at State has to be made by the tioremor oi thcliilaie in accordance with the rules made by him in that bchaii alter consultation with we draw i-'uh-tic Service Corunussion and with the court exercise;-,g jurisdic- tion in rotation to such mate. 'line _cxp1'esstun "liistrict Judge' iuciuocs. mrer die, as mentioned in ariicic 235. Assmant J).i.'-Ii'iCl.' Judge and Assisiant Sessions Judge. it the reeruiimcnt oi the members of the Bar has to he in accordance with article 233. in that event the persons to be -eppouuert as at result or special re- cruitment may be designated as iissisiant District and Sessions Juuges till such time as they are appointed iJ1_strict and Sessions Judges or Adclitionitt District and bcssions Judges.' Une tiiiiicuity which rmay. however. be experienced in dcslgllﬂﬁﬂs, them 45 Assistant, District and Sessions Juuges 1; min only such of the crimuiat cases would be heard by them as are muﬁoie any the Court oi Sessions. Another sung in the prupuscti is that though there is ieiereoce to A_ss.stauL uistrict Judge in article 236, there are so for as we are aware no ﬁthﬁlstaui District Judges tuucliuaaing in any State. The concept of .i-Lbalsietui. Ui5l1'l.C-I Judges whom thus ' make a departure iron: the known hierarchy or' Judicial oilicers. in the alterna- tive. it' the recruitment is to be goverue-ci__by articie 234, in that event such rules may be iraiueti for the speciai recruitinent es roiiy corrtorol more or less with the procedure prescribed by article 233. Perhaps the iaitcr alternative 111 View of the eiithcuities pointed out earlier may seem pretkuuhle. We may add that the pIacLtcr:_uI 1'ecru.iLi.ug Urighr young lawyers who have practised at the But for at least segeu years for the post oi' higher judicial service is already in vogue in most oi." the rates.

9.12'. lo addition to the above, some or serving judicial otﬁcers can also be asked to deal exclusively with old eases. Tire diversion of some of these oiﬁcers towards the disposal or old cases is possible and would not affect the disposal of fresh cases. because the workload of the existing courts would get considerably reduced on account of the transfer of old cases to courts dealing with such cases. t".a.re, however, must be taken. while diverting some judicial ulﬁcers towards the disposal of old cases. to see that the number of courts dealing with fresh. or not old civil and criminal cases is enough to dispose them ol within a period of one year or six months respectively.

9.13. While setting apart am! crea ' we shoulri ensure that their number is such its might make it possible that all arrears are cleared within a period of about three years.

Certain courts for dealing with old cases.-

cnnrrea. 10 CERTAiN CASES uisoiin SPECIAL ACTS 10,1. There are certain cases which. by their very nature, have an element oi Matrimonial urgency about them and call for speedy disposal. Quite a numocr or these cases cases. - are under special Acts. U'l}t.'. such category is of nntrimoiual cases. 'W hen p<:r- ' sons approach the courts in such cases. they do so with a innd hope that the cases will be decided at an early date. As it is. we find that these cases drag on for years. Of what avail is El. decree of divorce granted in iiistiimonird proceedings, when the parties are past the stage of youth by the time the roller l5_gIal1let17' Young people should get relief in inatrirnonial cases when they are still young.

it would be a pity ii: tliey_1ir.ve 10 waste years of their youth because oi the long-

drawn course of the mutriiiionta.l cases. it is also plaitn that there are great possi-

bilities or' young people 301113 astray it quick reliei is not granted to them LI1 luau-inionial cases.

Linked with inatrliuonlal cases are cases relating to the custody guiirdia.n- ship of minor children. The need for their urgent disposal is as great as for tnatriulonial cases. ' 10.2. A second category of cases which call for early disposal are eviction cases. Election uses]. {such cases obviously call for an early d.lsp0saL _ _ especially those on the ground of bone ﬁde personal necessity ot the landlord.

10.3. A third category of cases calling for speedy disposal are those illtid hclorc Motor Accidents Motor Accidents Claims 'Iribt:uals.' Many of these claims Lift! made by. widows Claims- und children 01 persons who lost their lives as at result or the uecioeut. Quite a large number of these widows and children are in straitened circunistuiices be-' cause of their haying lost the adult earniiig member of the L.-iiiilly as at result of the accident. ﬂit most oi the places. the district judge is dcsignuted as this Motor Accidents (.;la.ims 'l.'ribuiial. l-le. "however, because oi" pressure oi other work. has hardly enough time to deal with these cases. In a place like Delhi, there was. till recently, only one fllrihunal and the number of cases pending bclore the tribunal was so large that they would remain pending for live or bl)t years or even more. this causcs----ns it niustHgreat dismay and frustration amongst the people.

The entire object o1 appointing Motor Accidents Clainis 'l'ribunals and ol creating third party liability by statute is set at naught by the inordinate length or" time taken to dispose of these cases.

10.4. We are also of the view that the power of designating and appointing Power of appoint-.

judicial oﬁicers as the Motor Accidents Claims Trihunall should vest, in the High ins Algcidalll com ssesresr Every effort should be made to see that such' claims are disposed of within a Court.

period of less than a year. Likewise. the courts dealing with matrimonial cases should give priority to the disposal of these cases. 10.5. Another category or cases requiring speedy disposal are those under the Cases under sne-

lndian Succession Act. 1925. some of these cases are applications for succession °°'~"'i°° "'°'-

certillcates, while others. are petitions for probate or letters of adinlnistration.

- Quite often. the money belonging to 3, deceased person remains locked up because the heirs are not legally entitled to claim the iziioney from the persons or institu- tions, like banks. with whom it is lying, without obtaining succession certiﬁcate or probate or letters-of adiniuistratio , as the case may be, This quite often results in great distress to the widow and the children of the deceased person.

10.6. It is. therefore. essential that the cases of the above categories should. receive prompt attention and they should not be allowed to linger on for il long 10.7. There should be enough number of judicial oﬂioers to deal with the above "=95 501' H100!!! categories of cases. 'While the number of cases like eviction cases in each district ';;;'f"")'i;'m°r{ l"""

would be so large as to keep fully occupied one or more than one judicial oﬂieer, 'Section 110. Motor Vehicles Act. 3939.

3'?

L-abour disputes.

the number of other .935-CS, Vehicles Act, may not be suﬁctut to keep t outqfancidentsundtrthellottcr ejudicialotliccrsfullyoocupiedin some of the districts. For the quick disposal of such cases. have alternative solu- ' tions are possible. One solution is to have one It-lotor Accidents Claims "I'l'HJI$1 for a number of such districts. The other solution is to vent the powers oﬁthe Tribunal in an Additional District Judge 01' a senior Subordinate Judge, who should set apart a number of days in a month for the exclusive disposal at I such ' claim.

If the number of such cases in the court conoerﬂed be not sulﬁcientiy large to keep it fully occupied, the court should set apart a sulﬁcient number of days in rt mouth for the disposal of these cases with a view to ensure that these cases are disposed of as quickly as possible and do not. in any case, take more than a year to be decided.

The same observations will also hold good for cases under the Indian Succession ACL _ 19.8. One category of disputes, even though not strictly civil 'disputes, where there is need for speedy adjudication, are tlboee relating to labour, between fnanagentent and worltruen. Any protrtction of these disputes, impinges upon miiustrtal production and often results in loss of numerous man-hours. Pro-

longation of these disputes also leaves a bitter scar on managernent-workmen relations, and makes restoration of industrial harmony difficult. It is, therefore. essential that there should be enough number of labour courts and industrial 1r_'ibu_nals. so that the disputes do not linger on and there is speedy adjudica-

tion of such disputes.

cnnru 11 EXECUTION [LL [he execution at decrees represents a very important feature of "civil Importance litigation. Leaving aside the limited number of decrees like declaratory decrees which by their very nature are inexecumhle, all decrees'have to be execu- ted before the relief sought. by the successful aggrieved person 13 obtained by _him- in concrete tennis. Unless, therefore, a decree-holder is in a position to effectively execute his decree». the decree obtained by him would be no more than a piece of paper or a teasing illusion. Complaint has been repeatedly made that many of the decree-holders inlndia »-(ind it (.l.l.lﬁI.'."l.lht"t0 obtain tell, and in someusses even a partial. satistact in of their decrees. The Government of India in a letter addressed to the Provincial Governments in June 1923, referred to the statistics in diilerent courts with a view to highlight the non-satisfaction of the decrees in a large number of cases.' The law Commission, in its Fourteenth Report? also referred to it when it said that the general complaint against the system of execution of decrees of civil courts in India is that in aelarge number of cases the decree-holders. who have obtained after much trouble and expense. decrees for payment of money or for delivery of speciﬁc property or for other relief. are not able to obtain full. Or even it partial. satisfaction Of lhﬁif decrees- Ihe evil was noticed as far back as 1872 by the Privy Council in the Maharaja of Dcrblnzngds care' wherein it was stated that the diﬂficulties of a litigant in lndiai begin when he_ hasoblained a decree." '

11.2.. One great obstacle in obtaining satisfaction of the decree is the tendency on the part of a judgment-debtor to ﬁle objections either himself or through some other person. Most. of these objections, when scrutinised, are found to be with-

out merit The fact that those objections are ultimately found to be without merit allords poor consolation to the decree-holder because, in any event, the objections have the eﬂect of delaying the process of the satisfaction of the decrees. Many de«:ree~ho1ders on account or'? the above dilator)! tactics. of the judgment- debtors prefer to forgo complete satisfaction of the decree and agree to a partial satisfaction of the decree by way_of settlement.

11.3. Complaint is quite often made that courts do not devote ns.nJuCh attention to execution cases as they do to regular suite. The reason for that is stated to be that the disposal of an execution case does not add to the unit of cases dis- posed ot by the courts. in many States there are instructions or regulations pre- scribing at number of units for disposal by each judicial oﬂioer at the district level. to meet this ditllculty, we might either !allow some credit, In terms of units or otherwise, for those cases in which the decree-holder gets complete satisfaction of the decree. In the alternative, we might have a. quarterly state- ment trorn each of the judicial oﬂicers in the district giving statistics about the cases in which there was satisfaction of the decree, either fully or in pmt, as also the cases in which there was no satisfactioh of the decree. The fact that in some courts the percentage of the complete satisfaction of the decree was very high should count as a. plus point in favour of the presiding oﬁicer of that court.

ll.3A. The'Commission was informed in one State by judicial olilcers dealing with urban property eviction cases that it takes normally about two years to recover possession of the demised premises-in execution proceedings after the disposal" of appeal against eviction order. Successive attempts are made to obstruct the delivery of possession by various persons. mostly in collusion with and at the instance of the judgment-debtor. Such obstructions necessitate 'ﬁling of applications and replies thereto in the executing court and their uisposal, quite' often after recording of evidence. All this highlights the importance of giving due attention to the execution proceedings and the need to give some credit for 7 'Letter dated 25,1'.?.l$ June, VIa:ldi'¢5GEd by the Government of India to the Provin- cial Govemnjents. {quoted In the Civil Justice Committee Report, page {v}--{vi} and the 14th Report, Vol. I, page 43}, para. 2_ * '14th Report, Vol. L page 43i, para. 1.

Who genera! Manager of the Roi Darbhrtnga v. ti/faharaf Coamar Rumpus Singh. [[872]- I4 Moorss Indian Appeals 612. I-

execution.

Obiections of to cause delay.

Attention not paid to execution Eviction execution.

€358.51---

Hazira and their pay scales.

T40 statistical purposes to the judicint oﬁicers for the disposal-.-of these proceedings. To discourage frivoious obstructions, executing courts have ample power to award suitahte costs against those oﬁertng such obstructions. In case of con- tumacious obstruction, the court has also the power under sub-rule (2) of rule 93 of Order XXI oi the Code of Civil Procedure to order detentiosi in civil prison of the person ottering such obstruction.

11.4. The satisfaction of a decree in quite a large number of cases depends upon the Nazirs who are entrusted with carrying out the dilf nt steps in the course of the execution of a decree. Attachment etE properties etfecterl through them. Delivery of immovable property in respect ofwhich a decree for possession has been awarded in favour ot a decree-holder is also made by the Nazirs. It is. in our opinion, essetttiai that the oiﬁciais concerned with the execution of decrees should be men of experience and, by and large, should project. an image of integrity and ethciency. It is with this end in view that we might think of revising the pay-scales of these ofﬁcials. It is also essential that the work of these ofticials should be_constant13«' supervised by a judicial oﬂicer.1 'See also para 4.6. supra.

ctntprtuu 12 CRIMINAL cases 11.1. Most of our general observations about civil cases, apart from those lmtwﬁmve 05 relating strictly to procedure, would also hold for criminal cases. There W3' "WW"- is one aspect which we want particularly to highlight. The chances of truscarrrage of justice as a result of delay in the hearing and disposal of court cases 15' much greater in criminal cases than in civil cases. The gzicciston of a civil case general-ly depends more upon documentary evidence than upon oral evidence. As against tin... the decision of a criminal case depends more upon oral testimony of wit- nesses than upon documentary evidence. The chances of the fading out of memory in some essential matters are considerable as a result of passage of time. Apart from that, there are 'also possibiiitig of the material w_'iLrtesses succumbing to undue pressure and being won over, there long time lag between -the actual occurrence and the d&te_of_rcoord1ng of their depositions in court. It is, therefore, essential. so far as cnmmal cases are concerned, that the ' delay in their "disposal be eliminated as ﬁr as P083111]:-

l2.2. Complaints are quite often made of witnesses being kept waiting and not "ﬁtness" not to being examined on the day for which they are summoned. _This Is an extremely 5., kgpt ...,;¢;,,3_ undesirable practice." It actually proceeds upon the assumption that one need not take into account the convenience of the witnesses. Every criminal court. in our view. should keep a register showing the number or witnesses summoned for a date. the number of witnesses actually examined and the number «of witnesses who were sent back without being examined and the reasons for their non-

' examination. These registers should be produced before the inspecting judge at the time of inspection. Monthly statements giving ﬁgures for the month, based upon these registers. should be submitted to the High Court for scrutiny.

11.3. According to section 326 of the Code of Criminal Procedure, 1973, whc_n- g.,id_,,,.,. record.

ever any Magistrate! alter having heard and recorded the whole or any part oted by predl'-ceases-. the evidence in an inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another_Magistratc who.J1as and who eser-cises such jurisdiction.

the Magistrate so succeeding may act on the evidence so recorded by his pre-

decessor and partly recorded by hirnselcf. provided that if the succeeding Magistrate is-of opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interest of iustice, he may re-summon any such Witness, and after such further examination, cross-c:tami-

nation and .re-examination, if any, as he may pert-nit._tlte witness shall he di_s_-

charged. The section further provides that when a case is transferred under the provisions of the Code from one Magistrate to another Magistrate. the former shall be deemed to cease to exercise jurisdiction therein. and to he succeeded by the latter The above section. b3"i_ts terms. does not apply to courts or session. Otherwise also, the Code of Criminal Procedure contains no such provision for the court of session. The result is that if the presiding oﬂicer of the sessions court Is transferred or otherwise ceases to preside over that court after record- mg_ part of the evidence, the successor has to recordthat evidence all over again. This results In duplication of labour and wastage of the time of the court It 315" "°5"].t5 in P'"I°"El11E the trial. There are a number of cases in the court of session in which voluminous evidence has to be recorded during a period of weeks and sometimes of months. If in such cases after a major part of the evidence has been recorded, the presiding oﬂicer is transferred or for some other w¢e;iE:v£o 113331;:-le over that court, the whole, process would have to be 12.4. Instances have also not been lack' 11 ' their earlier depositions during the C0LlfSén§)f":iBen?iD'1':'fnlﬁEE]:sa.l: azrereiﬁllc Oiialillildfln Dimmltic! of de prcssum This resultss 35 it must. in miscarriage of justice The und 1 ' e mm mg. 1:350" of mg cxisﬁng 13" is 'hi-' desirability to ensure that the iuriwe who I a case 11 H - . _e S W" also r5°°'d the vnme Wldeﬂcﬂ. as he would have the 'Section 326, Code of Criminal Procedure, l9'l'3 41 Recommend in 4] It_ Report.

idvlntage of looking at the demeanour of the witnesses- Though we do not deny the force of the above view, we feel ﬁat the disadvantage accruing therefrom . in present times when there are in number of cases in the court of session

- wherein voluminous evidence has 10 he recorded. is much lrrcater. In the car-

ation CEln1ﬁ'tances. we would like to have the same law to operate in the court of session as prevails in the court of magistrates. It is also noteworthy that power would still be there in the sessions camf. even after section 325 is made appli- cable to" ma court, of recording the evidence of any witness dc nova when- ever that court feels it ucoessaryto do' so in the interest of justice.

12.5. We may also mention that the Law Commission iniua Forty-first Report,' had also made a similar observation when it observed. after referring to section ' 350m' the Code of Criminal Procedure of 1398, concsponding to section 326 Cases under Pre-

vcntion of Col"-

fuptlﬂn AC1, I941.

Piecerneal record-

ing - of not to be raged.

Service on rieuel.

ev idence BIICIJH -

wit-

hearinc. The result was that of the new Code":-

"The scctionis conﬁned to cases in Magistrate's courts, and is inappli- cable to the Courts of Session. we 'have. considered the advisability of extending this rule to Sessions cases. as we understand that sometimes Sessions Judges are transferred. leaving behind part-heard cases which have to be heard all over again. It would be an ideal position if such transfer did not take place, as Sessions cases are to be heard from day- lo-dav and decided within a few rlavs. It is obviously desirable that in serious cases the whole evidence should be heard by the Judge who ﬁnally decides the case. However, having regard to the realities of the situation. itis necessary to make some provision for cases where such transfers do

- take place. because a mandatory provision for a do move trial may often cause considerable inconvenience and hardship. We. therefore. propose To extend ﬂiescctiou to Judges of Sessions Courts by refening to 'Judge orll-l'ag:istI'ate' instead of 'Magisiratf only."

12.15. Cases under the Prevention of Corrtmtion Act are tried in the sessions court and the fridges of that court sit as soecial iudges for the trial of those cases. Sub-section t'3Al 'of section 8 was inserted by Criminal Law Amend- ment Act' [Act 2 of 1958} in Criminal Law Amendment Act of 1952. Accord- imz to that strbaection. the provisions of section 350 of the Code of Criminal Procedure, I898 shall as far as possible be implied to the proceedings before it special iudce and for the purpose of the said provisions. :1 special judge shall he deemed to he a magistrate. The reasons which operated with the legislature in _p-revenﬁnu the necessity of de novo trial in cases under the Prevention of Cnnuution Act would also. in our opinion, hold even for other cases tried by the sessions court.

12.7. Our above observations should in no wav be construed to provide a stamp of approval for piecemeal recording of evidence in 'tl1e'o-nurt of session. We would like to emphasise that. as far as possible, every eﬁort should be made to record the entire evidence in a case tried bv the Chart of session 31 a stretch. so that immcrliarelv after the recording of the evidence and the statement of the accused. the court may he in a position to proceed with argument and pronouncement of the fudgment. It is. however. hard realities and the undesirable results which accrue from the compulsion for recording voluminous evidence de never in hcavv cases which imp-el us to sue-zest that the provisions of section 326 should also be made applicable to the court of session.

I23. We have in 'the earlier paragraph? emphasise-:t the necessity to record the entire evidence in criminal cases at a stretch. This would be necessary not onlv in the courts: of session but also in the courts of magistrates. Such a course is feasible only if all the witnesses whose evidence has robe recorded are actual- lv nnre.'<cnl. in court premises on the dare ﬁxed -ﬁnr trial.' As it is. we find that all the witnesses are seldom present on the date nfl1-caring. This is nurticularlv so in the couris of maciiatrates. 'I'he inevitahle effect of that is that the evidence has to. be"-recorded' piecemeal and there -1': icon time lac between the recnrdinsr of the evidence of different" witnesses. This is :1. most up-wholesome practice and the sooner it is put an end to, the better. In not verv distant cast the inveshsratrug asrencv. at least, in some States. evinced 'keen interest in the court orooeodmcs and ensured that all witmssss were present in court on the date. of the entire prosecution evidence was recorded at disposed of very quickly. The importance of the Procedure. 1391!. Vol, 1. page 211'. paragraph 24.7?

a stretch and cases were 'Mill Report. Crude nf (liming! 'Para 32.2, mprq.

;

tice, in our o inion, should be brought home to all in times. It seelins to as desirable tint at least two police oﬂicills _ll every police station should be set apart for getting service elfoClﬂ'1'"P0ﬁ W' nesses for cases relating to that police station and for ensltfms "Nil" PT'=*'1°;° on it-ii,-, date of hearing. We may also in the above contest refer to the provi- sions of section 30'? of the Code of Criminal Procedure. According to these nrovisions. in every inquiry or trial. the proceedings shall be held_ as clpedﬁ tiouslv as possible. andin particular. when the examination of witnesses has once begun. the same shall he continued from day to day until all the Witnesses in attendance have been examined, unless the court ﬁnds the adjournment of the same hevond the following day to be necessary for reasons to he It is also further required, according to the above section', that when wtttlelscs are in attendance. no adiournrnent oripostponement shall l3e,gr_at_!tcd Wtfhmll examining them. except for special reasons to be recorded in writing.

12.BA. It has been brought to the notice of the Commission that tl't6_ Dﬁllcl-' agency quite often deliheratclv refrains from producing all t'|'lﬂ'Ct'Iﬂl witnesses before the miioifstmte on one date. as it wants to know the trend of the defence case as manifested by the cross-examination 'of the first witness. The t3T0duc- tion of other witnesses is held up to a later date with a view to make up lacunae in nrmccution evidence during the intervening period. This oracticc of deli- l3Cl"rll€l\«' not izrodiicinc all material witnesses on one date of heatinc. in our ooinion. is not only unfair and not warranted hv the tiiiivisions of the ('ode of Criminal Proccdiire, it also results in prolongatiotilof the trial.

12.83. ln one metropolitan city. the pending ﬁle in the, court of magistrates is 3.33.000" Out of them. over 3 lacs of cases relate to trafﬁc oﬁenccs. while about 27.001') 'cases relate to municipal oifenees. All these cases are to he tried suiiirnarilv. Some of the cases are more than one or two years -ilrl. The delav in the disoosal of these case: ie attributed to the -fact that the notice aizencv which is entrusted with the task has not been able to izet service eﬂ'ected'umti the accused. Some of the accused persons tried for traﬁlc offences, were cvclists who. it is stored. did not state correctly their names and addresses. and ellectii-it:

service upon them has been difficult. Another reason for delay is stated to he the diversion of the notice constables. entrusted with the taslc of ;Eettin¢!, service effected. to other duties relating to law and order. ' 12.9. It is commonly said that the invewiizatinc acetic? now-ii-rlavs is not able to devote as much time as it should do to criminal cases pending in courts.

because the nolice which constitute the investigating aitencv is over-burdened with manifold other duties. including those relation to maintenance of law and order. W'c are of the view that those oflicials. of the police force who are con- °'="1t'-il with The itweﬁtitralion of case: should. as far as possible. eonceiitrtitc Practice of not producing all ma-

terial witnesses on one date criticis-

ed.

Tuifﬁc offences.

Coneeiitration bv the police on in-

vestigation -

noon investigation and Eoolrinc alter the orogress of the cases even after their» are filed in mutt. Tltev shoulil not. as far as possible. be debuted for other.

nuriioses. Pieeenieal recoi-dint: of evideiice and delarim: the distance! of cases ""d""l'l€'llV C3"-"GS hﬁfdﬁhin to the accused. but more than that. it results riultc e often in wronetul acouittals. Wroncﬁil acouittals are as undesirable as wrrinizfiil trornfictions. 'Both slialce the conﬁdence i">f_ the public in the administration of IleIl.lsl."lC€.hThe beneﬁciaries of wrongful acquittals are undoubtedly the anti-sociat It is plain that wroncful acouittals would E'l'Ve incentive and provide encouragement to criminals and the enemies of society. _ "-94- ft ma.'-' have To be C'O:Fi.'il4I34;'.1'_f.'.(l the above coritext as to whether it is {I015 Ilfﬁtfable to scnarate the Irwcstuzatiniz airencv of the police from that deal. iniir with general orobl-=-ms relating to rnaiiitenance. of law and order. Ari investi- iratiiic aeencir not burdened with other duties would not orilir ensure in-onint and ethcieni investiization of crime: it would also help in the quick disposal of mun {cjtﬂes and nrcverit miscarriage ohiiistioc. It may he, mentioned that ﬂu; Law V-Umml-W0'! Dfcﬁﬂled over hi: -Sliri Setalvad in the Fourteenth Resort simnorted the idea of senaration of the invcsﬁcati-tie acetic-at'-' The ouestioii as to virhethcr ll" l""'¢5ﬁi'3ﬁl-"|E' '-'-"'B"f'-V Qltﬂultl he not susceptible to executive interference and E;:;'c:.l':}:m§UTP09€- he tﬁtlettﬁndenr of the eitecutixe control may also need con-

'Section 309. C1'. l'.C. i9'f3.

Rﬁﬂﬂft. 2, page T4?' pagg 2* 54 Separation of in-

vestigating agency.

Pettvcuu Traffic offences.

English law as to certain traffic nil-

BITGEG.

12.10. There are a very large number of 'petty cases like those relating to traﬂic olientes. pending in criminal. courts. Complaint is often made by the people prosecuted for -such olfenccs that they have to wait for a long time 'in courts on the date for which 'they receive notice or summons and that the time spent and the inconvenience to which they are subjected are out of all proportion to the gravity of the Jiience. Most of the persons involved in these offences are not disposed to contest the case. It is for this reason that section 206 of the Code of Criminal Procedure, l9'i3. provides that if, in the opinion of a Magis- trate taking cognizance of a. petty offence. the case may be summarily disposed. of under section 206 the Magistrate shall,' except where he is. for reasons to be recorded in Writing. of accontrary opinion, issue summons to the accused requiring him either to appearfin person or by plcader before the Magistrate on a speciﬁed date: or if he desires to plead guilty to the charge without appear- ing boﬁnre the Magistrate, tolransnrit bm"ore the speciﬁed date. by post or by messenger lo the Magistrate. the said plea in writing and the amount of line speciﬁed in the summons or if he desires to atmear by plcader and to plead guilty to the charge through such pleader. to authorise. in writing the pleader to plead guilty to the charge on his behalf and to pay the ﬁne through the pleads-r. Drovi-"led that the amount of ﬁne speciﬁed in such summons shall not exceed one hundred rupees.

Motor Vehicles Act, 1939 under this Act, ii} may. if the oll'cnce=is an oﬁence punishable with imprisonment under this Act. and

(ii) shall in any other case. state upon the the accused person that he----

Pal may appear by plcader and not in person. or 01} may. by a speciﬁed date prior to the hearing of the charae. plead guilty to the charge by registered letter and remit to the Court such sum fnotxexceeding the maximum ' line that may be im- posed for the oﬁeitce) as the Court may specify: "-

Provided that nothing in this sub-section shall apply to any offence speciﬁed in Part A of the Fiilth Schedule, 12.11. One difficulty which. however. arises is in cases where the policeman on duty finds a person violating: a traffic law. To such cases the policeman hands over to the person violating the traffic. law what is commonly known as a ticket for appearance-in court on a date specified in that ticket. Most of the persons to whom such tickets are handed over are not disposed to contest the case in court. Tt would, in our opinion. be appropriate that (in the case of persons other than professional drivers} for some speciﬁed trafﬁc offences of a minor nature. the ticket shoud also contain separately the amounts of title for various categories of traffic offences in respect of different types' of vehicles. so that if the person who-is found committing the 'infraction of law is so inclined. he can plead guilty and also remit _'th-c amount of ﬁne to the court concerned before the date of hearing.

12.12. We may also in this connection refer to the scheme of the English law. viz- section 80 of the" Road Tratiic Regulation Act. I96'! which deals with punishment without prosecution of oifences in connection with lirrhts. reflectors and Obstruction; According to' that section? where 'a police constableiincls any- on; in some speciﬁed areas committing an oﬁcnce in respect of a vehicle as un er:

or by its being left or parked during the hour of darkness withoutlights or reﬂwors as required by law. or Fb] by its obstructing a road.~o1- (cl. by the non-payment ot'rthc' charge made at a street parking space. he may give the person concerned "a notice in writing. ofl'ering_ the opportllnity of the'dischargré ofliahility to a conviction of that offence by pay- ment of a fixed penalty within 21 "days of the at service of the notice T-he fixed penalty for' the'offe'nce shall be £2 or one-half of the maximum amount of the ﬁne to which a person not previously convicted is liable on summary' conviction of the offence. whichever is less.

'Section me. Code of Criminal Procedure, 1913.

'Election so. Road Traffic Reeulation Act. 1961. (Enid.-

Like'Wisc'. sub-section (ll of section T30 of the provides that the Court taking cognizance of an olfence summons to be served on 45 12.1%.. In criminal trials we wish to emphasise the importance which attaches Framine of the to the framing of the charge. The trial magistrates should take particular °h."'%' "mt 'ff:

interest in this mattercand should not leave it to the prosecutors to give to ° them a draft of the charge. Many subsequent complications can be avoided and delays on that account obviated, if a. charge is properly framed and worded.

Likewise, it is necessary that while recording statements under section 313 of the Code of Criminal Procedure, the magistrates should take particular care «to ensure that all incriminating pieces oﬁ evidence' are put to the accused.

Failure to do so sometimes results in undeserved acquittal, and :on other occasions. in remand of the case. . ' ' 13.13. It has been brought to the notice of the Commission that the disposal of Absence of one of cases in which there is a large number of accused gets delayed because one 9'" **°°"3°'1- of the accused absents himself on the date of hearing. The result is that the case cannot proceed, and all the witnesses and the other accused who are present. have to go back without anything substantial being "done in the court. The trial magistrate might in such cases direct representation of the absent accused" by his counsel. Difficulty in such cases can arise if theeouusel declines to represent the absent accused on the date of hearing. The hope of the Commission is that responsible members of the Bar would offer all co-operation in the matter.

12.14. Complaints have also been heard that there are not enough number of Number of pro- prosecutors. and quite often the trial court has-to wait for the prosecutor to "°"'-'*""' be free from another court before starting the criminal case. ' This has been particularly so in cases under the Prevention of Food Adulteration Act. as also in cases investigatedby the Central Bureau of Investi- gation. - .

This, in our opinion, is a whollyfunwarranted practice. There should be as many prosecutors as there are criminal courts. One prosecutor should nor- mall}; be set apart for each Criminal Court and he should see to it that the Court is not kept waiting on his account. _ ' _ Eﬁorts should be made to attract bright young lawyers as prosecutors. Cases have not been unl-znown of wrongful aoquittals because of the {act that ' the prosecutor is lacking either in eﬂicieucy or in diligence.

12.15.' In certain areas the same judicial ofﬁcer exercises both civil and criminal ,Civil and powers. Normally, the judicial oﬁicer should not in such cases fix both civil '3'-I "="'3h'P3l"-'l '33' and criminal cases on the same day, as this causes great inconvenience to lb" sa"'"'°""- counsel. litigants and witnesses. If such a course cannot be avoided, in that event it would be appropriate to set apart separate time for civil cases and criminal cases. - ' .

12.15. - Cases in, which there. is possibility of death sentence should receive Death sentence. In priority over all other cases- The agony of the accused in these cases is en- hanced by the uncertainty of the fate which awaits them- It is essential that the sword of Democles -should not hang over them beyond the _ period which is absolutely necessary. = -

_4--_--4ss. _L.A.D.fNDf'.i3' T-

1?er|-one cl {hﬂ 13:1- oias-ran 13 some SUGGESTIONS Efforts should be made so talented sauna Perms to the 1;'._h£caﬂhij to be service, The scales of pay for judicial oﬁcers and other amenities to them recruited.

Residence of irudiw cial oﬂieelfﬂ».

shpuld be suﬂiciently attractive a.nd_be of such a nature as can provide them a "reasonably decent standard of 11V1l.l§. Such scales =J¢_Pﬁlr' 1313? 55151':

not rule out altogethcr, any temptation being thrown ll_1 the way oat oﬂicers. View has been expressed by 5 19-T33 'lumber 'ff 3'-ldﬂi ]3W3'°1'i' that than is lot of .-scope for improvement in-the recruitment of futhcial oﬂicers.

Every eﬁorl, therefore, should be made to recruit candidates of the right calibre;

13.2.2 The judicial officers have to face all kinds of situations in courts, inched- ing diﬁicultieslcreatcd by obstruotionist and cantankerous litigants and nver-be_ar- ing and aggressive counsel. To enable them _to meet such_situ:_ations and 'to equip them properly for the discharge oil their responsibilities. It is. essential tlmt there should be a course of training for all Judicial oﬂlcers belorc they start functioning as judicial oflioers.1 13.3. With the increase in the number of judicial officers, there will abo have to be increase in the number of court rooms. Miidh needs to be done in this respect even for the present strength of the iudicial oﬁeers. Complaints have been made that in some places sulﬁcicnt number of judicial officers have not been posted because there are not enough court rooms. In other places the complaint is that "some of the judicial oﬂicers have to function in shabby or small-sized court rooms. It has to be borne in mind that no court can function efficiently and with requisite dignity if it does not have a proper court room. We require in a court room "a dais in' the judge to sit, a witness-box. a (lock for the accused in criminal cases, space for laurycrs to sit and from W'l:_t!_1'e to address the court, and space to accommodate the parties and others iiilterested in the case. Reader and the stenographer in some courts sit at the same level as the presiding officer and in other courts at a slightly lower level. Besides the regular court room, there is also needed an ante room or a chamber for the presiding officer and another room for-keeping the records of cases pending in the court. This court clerks also sill there. -

Each court room has also to be suitably furnished and provided with suﬂicient number of books. Although it may be perinissible to have an element of austcrit-_s in furnishing a court room. it must also be kept in View that there ic: a certain standard of furnishing which munot be dispensed with in a court room. T.-ikewiso, we cannot do without certain law books. They constitute essentials of a court room. Apart from certain law books which are necessary in each court room, there can be a set of law books which can cater to the needs of a number of courts situated in the same building.

We have dealt above with the requinements of each court room. It needs hardly to be emphasised that in every court building, there has to be provision for a Bar mom. waiting Space for the litigants and witnesses as well as pro-- vision for public conveniences. In one metropolitan city, the facilities for this purpose for the Magistrates Courts were of a most scanty character. There was no proper space for those attending the courts. Although. the strength of the Bar was more than 4{){J, the Bar Room consisted of two small court-rooms and of a vcrandab. The members of the Bar have consequently to sit in a place covered with asbestos sheets.

13.4. The question of providing residential accommodation to judicial oﬁicers is of great importance. As it is. we ﬁnd that in a number of places a judicial officer. on being transferred to a new station, has to look for residential accom- modation. For this purposes, he may have to approach some landlords or take the assistance of some local lawucrs. It is plain that any of such practices is highly undesirable and is liable to be abused. To prevent this. we must have at all Blaces where courts function sulﬁcient number of residential houses for

1..'lee also Chapter 46 47 judicial oﬂicers. These should be at the disposal oi the District Judge and should be allotted to the successor as soon as the present incumbent of the judicial office is transferred or retires.

13.5. In big cities like Bangalore. and Madras, the judicial oﬂicers. especially ;Il'1ra}19P0ﬂ f0! lu- al'. the subordinate level, have to Spend about an hour in the morning in going "I '5"ﬁ"°"' by public transport buses to the court and an hour In the e1"Bl1_1l1g in reaching back their places of residence. It would resultlin oonsirkiuble saving of time and thus operate as a great economy if, in big city, then: are three or four vans at the disposal of the courts to operate in" diﬂereut areas for bring-

ing judicial olﬁcers to the courts and for taking them back after the court time to their homes. This would provide extra time to the judicial officers to attend to their ﬁles and to prepare their judgments. ' 13.6. In all matters -in. which an appeal or revision is ﬁled against an inter- f;rPf1:J°::3u1kfr3y"";::l°':1s' locutory order, the court to which the appeal or revision is ﬁled should ensure ' that such anappeal or revision is disposed of a reasonable lengh oﬁ time.

so that the cases do not get delayed on that score. ' 13.7. It should be ensured that the record oi the trial court: is nmmally sent Sending back our back within to days of pronouncement or judgment in an appeal or revision "'5 °1' "'1 against an interlocutory order. Similar courseshould be adopted if the case is remanded on appeal or revision to the trial court.

13.8. Judicial oﬁcers should be rovicled with stenographeri to whom they can 3l'-'=rI0£l'aPl1ef3- dictate the judgments. This we :1 result in considerable saving of the judicial oﬂioer's time and thus Operate as economy in the ultimate analysis.

13.9. The evidence in the courts of District and kssions Judges should normally "P333 05 WM' be typed. so that after the completion of depositions-'i:arbon copies of the same can ma' be immediately supplied to the counsel for the parties.

13.19. Long delays take place in supplying copies of judments and depositions War in WWI?- lo the parties by the copying agency. These delays can be avoided or cut short "'3 °°P'°"

if. instead of typing out the copies. the whole thing is done by mechanical or electronic process. ' 13.11. Miscellaneous applications should not be kept pending for a long time H550?-,1iane0m an and should be disposed of immediately after giving. notice of those applications PI'°""°""i to _the opposite parties. Not very long and elaborate orders should be needed to dispose of these appiications. It should he quitelenough if the main contentions advanced and the main reasons which prevail with the indicial ofﬁcers in dispos-

ing of those applications are indicated in the order.

court.

. 13,12. In all cases where a carbon copy of the judgment is not available. certiﬁed Supply or copies copies of the judgment prepared by mechanical or electronic process should be 0* i"'1E'T'°H*-

' supplied to the parties within a period of 15 days of the pronouncement of the iuﬂgment Carbon copies oi the judgment, ill ready, are required to be furnished immediately. on pronouncement of judgmen; under Order 20, 'Rule GB, Code of Civil Procedure. inserted in 1976.

13.13. It was brought -to the notice of the Commission at one place that no Credit in statisti- credit is given, evaluating -the out-turn of a judicial oﬂicer, for civil cases "I P""'':"'5 ''9' in" which there is cornpromise. Likewise. no credit is -given in those criminal cﬁﬁpéusglfr cases where the ollenoe is compounded. The result is that the presiding oﬂicers position of crimi- have no impetus to encourage compromise or composition" of the offence even in ma! cases.

those cases where the parties are inclined to do so, and a slight word by the presiding oﬂicer would bring about this result. Some credit. in our opinion. be gwen for such cases also, while evaluating the out-turn. .

13414. One "factor which causes considerable inconvenience and irritation to the P!"i°*"a"'Y 0' 1'"- liiigallts; witnesses and the members of the Bar. and which also results in lower "'"°"" °m'3""

out-turn of judicial work. is thetendency on the part of some judicial officers not.-to observe strict court timings. Fortunately, this shortcoming is restricted to n-fear judicial oiﬁoers, but it is they who on account of this habit bring a had name to the'. judiciary. It is plain that ii the judicial ofliuers do not start the court work punctually, and do not adhere to the court ﬁuﬂsgg those who have to attend the court would not be able to adjust their other engagements. With 3 View to ensure that judicial ofﬁcers sticl: to the court timings. it is necessary 113312 ﬂit: District Judge should' pay surprise visits to the dilferent courts. Necessary action may be taken against those who are found to be recalcitrant in this respect.

False statements.

Financial Impact.

Further recom-

mendation to tho waste if decen-

nary in future.

13.15. There is a tendency o-1 the-pert of some persons to make statements on oath and ﬁle aﬁidavits containing avennents which are false. Some of them even feel no comp-unction to resort to tent falsehood in iudiclal proceedings. All this aﬂﬁcts theirnage of the judicial system. We have to dispel the impression that falsehood pays in court and that persons can resort to it with impunity.' It may. therefore, seem essential that whenever a clear case at falsehood bceonies manifest, necessary action against the delinquent might be taken in accordance with law.

l3.I-ti. Some of the suggestions made in this Report would necessitate the alloca- tion ad more funds by the State for the administration of justice. This cannot in the very nature of things he helped and the government. in our opinion, should not be loath to do the needful for this purpose. Due and proper dispensation 0! justice is one of the most essential fttnntions and obligations of the State. The State gannot evade or shitk its 'responsibility in this behalf on grounds oi economy. Such an approach would be grounded on false notions of economy. Nothing rankles more in human heart than a brooding sense of injustice-. Delay in the affording of judicial redress in cases -where wrong has been done quite often leads l]lElll}' persons to settle scores by extra-legal methods. 'These in their turn create fresh problems of law and order and further add to the work-load of the courts. Despite the heavy demands on the State exchequer which is already hard pressed to ﬁnd funds for' the various activities of the Slate, especially in the ﬁeld of nation- bnilding. we feel that there is no alternative to the allocation of additional funds for administration of justice. if something test and eﬁective has to be done to contain the people's resentment arising from the existing tardy judicial process.

13-.17'._Bef-ore ooneluding isre may add that if some matters come to our notice necessitating further recommendations, a supplementary report would be sent.

Crtsvrnn 14 SUMMARY OF CONCLUSIONS AND RECOMMENDATIONS Our important conclusions and recommendations in this Report are sum- marised below:---

1. Problem of delay and arrears in trialiﬂourts ' {l') The problem of delay in law courts has of late assumed gigantic pm- portions. It has shaken the conﬁdence of the public in the capacity of the courts to redress their grievances and to grant adequate and timely relief.' [2] The judicial system has enjoyed' high prestige of the people. In a modern State, vast powers are granted to numerous authorities for carrying out governmental functions. The right of aggrieved citizens -to approach the Courts acts as a cushion to the grant of powers to a host of officers. Fol' the eﬂicient discharge of the responsibilities of Courts it is essential that the great respect they have enjoyed should he maintained. Weakening of the judicial system in the long run undermines the foundations of the democratic structure? -

(3) A civil case should be treated as old if a period of one year elapses since the date of its registration till the pronouncement of judgment. 'Ihis applies to civil suits as well as to cases under Special Acts3. (4) A criminalcase should be disposed of within six months. In case of sessions trials, the above period should include the period of pcndency of commit-. 4 .

ment proceedings .

' . 2. 'I'hé'Trl:l com Judges _('.5) The importance of the trial Judge should be properly understood and appreciated-".

3. The present system evaluated : comparison with ancient judicial syitem (6) In answer to the criticism that-the present judicial system is unsuited to Indian conditions and is an import from an alien country. it is pointed out that no judicial system in any country is wholly unaﬁected by outside inﬂuences, nor are such inﬂuences to be looked upon always as a baneé.

(1') The general notion that institutions like panchayats, councils of elders and the like, represent the entire indigenous system of India, is misconceived. These institutions were concerned with settling petty disputes. With the growth or society. a regular hierarchy of courts wine mto existence'. .

{31;The ancient Indian judicial mﬂtiemland procedure, both civil and crimi-

"nut. contained deﬁnite and detailed . (9)__Tl1c present judicial system Q8 111% result of gradual process of evolution. Modiﬁcations have been made In the hierarchy of Courts to meet: the requirements of a developing society. The delays the n1any*'f-actors. including those operating in and outside the Courts'. ' I ' -

(10) It will be a retrograde step torwert to the primitive method of ndmini.

stration of justicehy taking disputes to a group or ordinary laymen not conversant with legal concepts and procedures. The real need is to further improve the exist- ing system to meet modern requimmentsm.

'Para 1.1.

'Para 1.4.

'Put: 1.9.

'Pan 1.10.

'Cﬂ1apmr 2.

'Pan 3.1.

Tm 3.2.

'Para 3.4 to 3.19.

'Para 3.20, earlier half.

"Para 3.20, latter half.

SU-

4.StageIIOidday:.snrmnom _ (11) The time taken in scrutiny of the plain': should not exceed one week {between the ﬁling'. of the plaint and the registering of the suit)'.

U2)' Along with the plaint. besides the copies of the pleiut, necessary forms of llinmions duty ﬁlled in with necessary particulars except. the date should also be ﬁled by plainliﬁz so as to save the time at present taken in preparing the form of summons.

(13) Long delays take place in getting service etfected upon the defendants. To 'obviate this delay. summonses to the defendant: should be issued both in the ordinary way" [for service through the process server) and by registered cover. acknowledgement due'.

I (14) Where the circumstances warrant. the Court should readily make use of the provisions of 0.5, r. 20, C.P.C. for substituted service".

(15) Full use should be made of 0.1. r. 8, C.P.C.. which permits representa- tive suits-". .

(16) There should be proper adtninistrative supervision of the work of pro-

cess servers. If necessary, their pay scales should be suitably revised. The prac-

tice prevailing in some States of having, an Arlminiat:rative.Sub--Judge who suplt'- vises the work of process servers and bailiffs in big cities can be usefully adopted in other States also. he suggestion that some incentive should also he provided to process servers in getting personal service cilected on a number of persons in a month may also be looked into°. . .

-L17} Stringent and prompt action should be taken against process server:

making false reports? -

5.Pteadingsandisnues:pre-trlalprocedara (13) Many causes of delay would be eliminated if properpattention is paid in ensuring compliance with provisions of Order 10. Code of Civil Procedure".

(19) Judicial Ofﬁcers should normally insist upon the tiling of the written statement on the date immediately after service of summons on the defendant Repeated adjournments for this purpose should be 3.VOldOd9.

(20) The requirement of the defendant ﬁling copy of the written 'state ment and of the defendant producing all documents in his possession or pD1I'ﬂl' should be enforced. If necessary, local amendment mav be made for the purpose".

{Z1} Laxity in enforcing the providons of 0.8. r. 1, C.P.C. is the main a reason for omission of the defendants in many States to -file the written state- ment on the ﬁrst date of hearing".

(22,) Proper use of the provisions of Order 10, C.P.C. relating to examima tion of parties before framing issues would go a long way in curtailints the evidence and circumsctibing the area of otmtroversy. Experience shows that in the course of such examination. many admissions including admissions as to documents, are made which narrow down the scope of controversy. This would obviate the necessity of producing evidence in respect of matters which stand admitted as :1 result of such examination".

'Para 4.1.

'Para 4.2:

'Pass 4.3.

'PM: 4.4, 'Pare 4.5.

'Tara 4.6 tadmimstmtive supervision of process senreﬁi. See also Darn 11.4. Tara 4.1'.

'Para S.t.' "Para 5.2.. to "Pare 5.5.

-"Pass 5.6.

"'i"a.'rs 51 (23) In order to be in a position to make oﬂectivc one of the provhirsu.

of Order 10. C.P.C., it is essential that the trial judge should have readllte pleadings of the partice and shouldltnow the case or each party as not out thetveinl.

(24) The practice prevailing in subordinate courts 'm some States of depending upon draft issues supplied by counsel, without the trial jurhe hinnslf applying his mind. is extremely undesirable. i (25) A judicious use of the provisions of Order 11. C.P.C. (discovery and inspection of documents} and Order 12. C.P.C. (admissions) can. considerably narrow doifm the area of controversy and curtail thB'l|"01l.1II1E- of evidence'.

(26) In the U.S.A., the pre-trial procedure has been stated to have pro- duced beneﬁcinl results. The provisions of Orders 10, 11 and 12. C.P.C. are sntncicnt to deal with the situation in India, and iris not necessary to transplant the pretrial system with all its amplitude on the Indian soil} e-

(27) In appropriate cases. the trial judge_h.it_nsc]f can act as n concilistor.' The Bar also can play 8. signiﬁcant port 111 bringing about compromise.

6. Court disrynnd evidence and substitution of legal representatives (28) The work oi controlling the Court diary and the ﬁxing of date:

should be done by the presiding officers and should not be left to the Reader or Sheristadar. While ﬁxing cases for a particular date, the presiding oﬁicer should ensure that the number of cases fixed on a pardcular date is such as can reasonably be disposed of on that day, allowing at the same time a mnqgin for the collapse of one or two cases because of unforeseen circumstsncesé (29) It is not desirable to ﬁx a case for a date on which there are no prospects of its being taken up. The better course would be to fix one quarter of work more than can be disposed of on a' day! (30) There must be some standard for the number of cases pend'ug'i1 a. court. Whenever there are indications that the number of case: goes beyond that standard. additional courts should be created?

(31) There is at tendencylto -over-prove allegations of fact. Unnecessary prolongation of depositions should be avoided?

(32) Control may be exercisedby the trial judge when questions, that are uncalled for, harassing or slanderous. are put in cross-examination?

(33) Although we have adopted the accusatorial system. the trial judge should not play an altogether passive role. buymust take greater interest and elicit such information as may be helpful in the truth." p (34) Entire evidence should. as far as possible. be recorded at a stretch."

(35) Desirability of proving things like those of a formal nature by aili-

dsvits instead of by oral evidence belconsideredl'-' (36) The provisions of Order 17, Code of Civil Procedure as amended. .

be enforced strictly, to prevent unnecessary adjournment of cas'eu.l.% (37) Fcasibilit of adoption or the list system in force in Kcrula in other States may be cons: cred."

'Para 6.8.

'Pam 5.12.

'Pars 5.14.

'Pars 5.15.

'Pan 6.}.

"Peru 6.2.

"Tara 6.3.

'Pure 6.4.

'Para. 6.6.

"Para 6.7.

"Per: 6.8.-

1'Pu'u 6.9.

"Pars 6.10.

"Para 6.11 {Special list system).

(38) In regard to bringing on I'B£70!'d legal represelntaﬁvg-,5 dgggagggf . "

parties, the recent amendments made in (}rdert22,'Code of Civil Procedure. may he kept in VlG'iI".1 e 7 _ L39) While_ issuing commissions "for the examination of witnesses, direc- tion should be given to ensure that the naeedful is done Within the time ﬁxed?

'3. Arlllllmts, judgment and decree . .

(40) Arguments should he heard soon after the close' of evidence. The general experience is that arguments so heard take much less time than argn- ' ments advanced after a long interval.

in heavy cases involving voluminous evidence and complex questions of tow, an adjournment may be necessary for hearing arguments, but it shmgld not be too long.' (41) Unduly lengthy arguments may be avoided}

-(43lT511d3nCJ' to cite needlessly large _number of authorities _and read lengthy passages from Judgments may be 3V0]£l.ﬂCl.5 Judgments of trial courts should deal with questions of fact by appraising the evidence, referring to role-

vantstatutory provisions and citing such authorities as have direct bearing.' HTBVHY in iudsménts. hﬂwevﬁr. should not be used as a justification for I not dealing with inconvenient contentions or crucial arguments?

t43i_0rserf 29. Rule 1. Code of; Civil Procedure should be complied with as' to the time within which the judgment should be in-onottooedﬁ Titnelag, between pronottneemeut of judgment and preparation of decree zslioultl not be long._ O'rder_2U, Rule GA", Civil Procedure Code, lays down 15 days as 'the _nt'Jrmal 1l1tBI'-V3.l_.h- ' (4}3A)_'IJ1 suits for étccotmts for partition, _after the preliminary degree is ' prdseedings before the Commissioner linger on for a long time. To avoid such delay. the court should keep a strict watch, and some kind of pro-

gressieeport should he asked for when _a. request is made for extension of time

- '-for-oompletion_ of the . For awarding the final decree. credit may be given for stastieal purposes} p

- s - ; s T ' 8. Coldlnlion .

. [44] One of the methods which can be devised for relieving the Courts of the heavy load oftoases is the adoption of sjrstetn ofcivil cases." The system is in force in Japan" and Norway!' It was previously in force in France: it was abolished a few 3-earspago; bu_t_ihas:_4been revivetl to a limited :'.extent.13 It is in force for certain cases in P (45; In the countries in which it has tried', the system it conciliation I - has not been "an unqualiﬁed success. At the some time. the system is not with- out its merit. The Commission recommends the setting up of conciliation _ boards on experimental basis in selected areas' disputes rise to claims ior recovery of-':no11_¢)' not exceeding ﬁve thousand rupees.' _ 7 (46) if the settlement is arrived at within three months, it should be . reduced-totwriting, signed by all concerned and filed in oourt. -like a compromise. i if no settlement is nﬂived s.l: within thteernonﬂis. the court should make an 1Pa1u 6.12 10. 21, R. 4. 45., Civil Procedure Cadet.

st-3. -' . t 3PiI.ra.?.l and-'i'.Z. '- -

.*Pitrn 1.3. _ 'Para. 'M. _ ' 'for: 1.5.

Tarn 7.6. .

= 'Pan 'LB.

' 'Pan 1.9.

1°Pa:rs- 8.l'and 5.1.

"Pare 3.3. T "Pars. 3.4 to 3.5.

"Pan. 8.8.

"Pant 8.9. ' "Pan. 8.1%]. .

order to that effect. Even if no order about settlement having been not arrived is made within the above period of three months. the court shall presume that no settlement was possible.' .

Such category of suits as may be considered proper may be kﬁpt Out Of the iurisdiction of 'the conciliation boards-.3 (47) No plaint in the absence of a suﬁicient cause shou_ld be tiled in court relating lo-a dispute mentioned above without the aggrieved person ﬁrst approaching the conciliation board.

Suitable pmuisions may be enacted if this scheme is adopted.3 ..(48JI The setting up of such boards should be done only on experimental basis in certain areas} .

9. Recruitment and personality of the trial Judge -- inqection of courts and training otjntlicial oﬁcer:

(49) The trial Judge is the lincbpin of the entire system. He has, in the course of the proceedings, to give a number of rulings on the spur of the moment. Proper and fair trial requires not only professional competence, but also cool temperament and ﬁrmness.-"

[50] it is essential to attract youtlg bright law graduates and lawyers of the right calibre to the judiciary. This can be done it there are good pay scales. It should be remembered that bright young, lawyers can earn much more in the profession. Higher initial pay be given to a judicial ofﬁcer by taking into account the years of practice."' _ 'l (51) The present. system of insisting upon a number of years of practice at the but should be retained. the period being 3 years. The only possible exception could be for law graduates employed in courts' _ {S2} The suggestion to have an all India Judicial' Service with the same rank and pay scales as the Indian Atlministrative Service should receive serious consideration?

(53,: The advantages gained from having all lndia Judicial Service will outweigh any supposed disadvantage? '

-(54) There should be a training course of about 3 to 6 months for recruits to the Subordinate Judicial oﬂice. The recruits should. by such training. be acquainted with procedural requirements for dealing with dilierent stages oi cases. including the writing of judgments and interlocutory orders and dealing with adniihistrative n'1atters.'° (55) Need for periodic inspection of' subordinate courts by the District Judge and a Judge of the High Court must be emphasised. The emphasis in inspection should be to bring about improvement in the functioning of the ofﬁcer ooncedrrl1sed.11 A separate Judge should be deputed for inspection of courts in each 'trict.¥1 i (56) The practice in some High Courts of one judge being made in charge of each tltstnct for one or two years is stated to have yielded good results."

"Ware $.11.

'Pare 8.1].

'Para 8.11.

'Pets 8.13.

'Fun 9.].

'Fun. 9.2 and 9.3.

'Pnra. 9.4 and 9.5 'Para 9.6.

"Para 9.7.

"Para 3.8. See also para. 13.2 "Para 9.9.

"hrs 9.9.

"Para 9.19.

The High Court should ensure that at ' bard' I it clearednnd brought under control.' 11.3 IS in 3" mate Courts are ' (57j1.ong delays in ﬁlling up vacancies oi judicial oﬂicers should. be ii'u"Oldi3d-2 ' (58; Recommendation of the High Court for increase in judicial strength should receive prompt considerations item State Government and should not, in the absence of some oompeiling reason, he turned down-.3 {S9} To_c1enr the heavy hacking. the services of retired ihdicdal oﬂicers known for their integrity, etlitiency and quick disposal should be utilised. Such oliicers should be appointed only on the recommendation of the High Court.' In addition to appointing retired judicial officers, some special ggcmjt- men: may have to he made from bright young members of the Bar who have practised for at least seven years for disposal of old cases. These members of the Bar would necessarily have to be given 3 higher start and, on satisfactory performance, he ultimately absorb-ed.in service as District and Sessions Judges or Additional District and Sessions ]I.ld£ﬂS=.5 - . .

Some oi the serving judicial otﬁscers cart also be asked to deal exclusive- ly with old cases."

The number of additional courts sh?'-ulti be such as to make it possible that all arrears are cleared within 9, perio of about three years.' 11!. Cases under cesinie. special Acts (60) There are certain c-afegories of c.:.:--w under special Acts which, hy their very nature, have an element of_ urgent:_,- _;i~..out them and call for speedy disposal. The following categories are tiiscu;~;.~:r.:o:

{at} Matrimonial cases.------Tl1ese enacts drag. on for years. A decree oi divorce granted when the parties at'. was the stage of youth is not' of such avail. Such delay -might also lead to young people going astray. Matrimonial cases should therefore be disposed of early.

L.ini;::<l with matrimonial cases are cases relating to custody and guardianship of minor children" which stand on the same footing.

(hi Eviction. cawe.---Especially' those on the ground of bone tide personal necessity of the landlord?

(cl Cases ﬁled before Motor Accidents Claims Trihun.ais.--~Many of these claims are by widows and children of persons who lost their lives in the accident. Delay causes great dismay and frustration amongst the people."

{ti} Cases under the imiian Succession Act, 1925-'Quite often, money belonging to a deceased person remains locked up because the herrs cannot receive payment without obtaining succession certiﬁcate. probate or letters of administration. as the case may be."

it _is therefore essential that the cases of above categories should receive prompt attention}?

£61} There should be enough number of iudicial oﬂicers who should deal with the above categories of cases."

1Para 9.11.

"Para 9.11.

'Para 9.12.' 'Para 9.I2't4_J 9.15- 5Para 9.15.

"Para 9.17.

7Pa.ra. 9.18.

3Para 10.1.

5Pa.ra 10.2.

"'Pa.ra 10.3.

"Para 15.5.

='~'Para 10.6.

"3.Pa.rt1 113.7.

m2} Apart from_ the above, following, speciﬁc suggestions and ot:s:rva- tions have been niacin In respect of the above categories of cases: --~ {alt Courts dealing with matrirnonial cases should give i'Jl'lL')1'l[}«"l.'D the disposal of these cases.' {b} The number of cases for eviction in each district would he so large as to keep iuliy occupieri one or more than one juzliciat oﬂiceraﬁ tel ti) At most olaccs. the district Judge is clesignatcti a.~. the Tribunal for Moirir A-:cidenta Claints. bur he has hardly enough time to deal with tit-.:tu.~' The powers of designating and appointing judicial oﬁicers as such tribunal should vest: in the High Court.' ii} Ex-'cry etlort. should be made to see that Motor Accidents claims ' are disposed ot wittiin less than a year.'-'* {iii} The number of such cases in some districts may not be enough to keep the judicial officers fully occupied. One solution is to have one Tribunal for a number of such districts. The other solution is to rest the powers in an Additional District Judge or a senior subordinate judge, who should set apart a number of days in :1 month for the exclusivt: disgoaal oi such clainaaﬁ id) Similar observations will hold good for cases under the Succession At;-L7 £5-3) There is also need for speedy adjudication of disputes relating to labour. between management and wortctnen. There should be enough number of labour courts and industrial tribunals.' in the interest of industrial harmony and to ensure higher production.

11. Execution (64) Need to pay suiﬁcient attention to the execution of decrees is emphasised."

t_65)D11e groar obstacle in obtaining, satisfaction of the decree is the tendency on the part of a iudgment--'iiebtor to ﬁle objections either himself or through some other person. Most of these objections, when sct'utiui.'sed, are found to be without merit."

(66) The tendency of the courts not to p.I,],_5t attention to execution work because of the fact' that the disposal of an executton application does not count towards the statiearat I»':'5DUSal must he deprecated.

To meet this difficulty, we might either allow some credit {in terror; of .units of otherwise} for those cases in which the decree-holder gets complete satiqagtion of the decree or in the alternative, we might have a quarterly state- ment Erom each of the judicial otticers in the district, giving statistics about the cases in which there was satisfaction of the decree, either full}; or in part_ as also the cases in which there was no satisfaction of the decree. The [act that the percentage of complete satisfaction of the decree in a court was very high should count as a plus point in favour oi the pttstding oiftcer oi that court."

_ {65A_)1n. eviction cases relating to urban property, delay is caused by successive attempts to obstruct: delivery. Due attention should rheretore be paid :0 ﬁxeguiloll proceedings and in the statistical absrracls credit s]1ouEd be given for the disposal of these proceedings. Executing court can also exercise the powers amply conferred by the present law to stop such obstructiorl-*1"

S6 (6?) The satisfaction of a decree in quite EL large number of cases depends upon the Naeirs who are entrusted with carrying out the different steps in the course of the execution of a decree. The ollrcials concerned with the execution of decrees should he men of expﬂﬁence anal, by artrt large, should project an image of integrity'. We might think of revising the pay-scales of these oﬂicials. The wprk of these oflicials should be constantly supervised by at judicial ofliccr.

'12. Czgnunat cases (63) In Crim_in&tl_ cases, it is particu.larl;.«- necessary that delay be eliminat-

since the decision depends upon oral rather than dncumerttary e-ride-nee, and Will] the passage of time, the memory of witness fades} Every criminal court should keep a register .showing the number of wit- Itesses summoned for a date. the number examined, the number sent heel-'. trad reasons for sending them back.' without e:-rumiualion.3 The tendency of some criminal courts of sending back witnesses without examining them must he deprecated.

(69) The law should be amended to enable .3 Sessions Judge to act on evideuc-e partly or wholly recorded by his predecessor.' * (76) At least two police o-ﬂicials at BVBI}: police station should be set apart' for getting service of sumrnonses cﬁected upon witnesses for cases relating to that police station and for ensuring their presence on the date of hearing} [7GA,)Tl1e polioe quite often deliberately refrain from producing all material witnesses on one date, the object bci.'1g to clear up the lacunae in the ' prosecution evidence after the defence case becomes manifest by cros5-examina-

tiou. This practice is unfair and not warranted by the Criminal Procedure Code, and results in prolongation of the trial."

['.lt)B} in on: ruetropoiiem city'. in the courts or' Magistrates, there was :1 huge pending ﬁle relating to traﬂic and municipal olfences to be tried summarily, some of which were more than one or two scars old. Delay in disposal was attributed to (it: fact that the police had not been able to gﬁt service ellected upon the accusedw" -' -

(7!) Oiﬁ-rials at the police station who are coticcruerl with investigation should concentrate on investigation. As far as possible, they shoulﬁ not be dcputcd for other purpusesf' UIA) Deslralzulity of separating the investigating agency of the police from that dealing with law and order may have to be considered. The question whetlier the investigating agency slioulcl be not susceptible to executive inter- ference and, for that purpose, beindependeut of executive control may also need considcratiorﬂ ('ill The Motor 'vehicles Act, 1939, section l3[l{ll provider. for a gpccial 'procedure for uertaui rratﬁr; offences whereundcr the accused can plead guilty to the charge by post and remit the speciﬁed fine. In the case of persons otllﬁr than professional drivers for some speciﬁed oltcnces of a I['lll'}OI' nature, the ticket jssued by the ljgljgejmun should also contain separa:.el»,= the amounts of ﬁne for various categories of traiiic otteuces in respect of different types of vehicles. 50 that it the person committing the infraction of law is so inclined, he can plead guilt-_~,v and also remit: the amount oi fine to the court concerned before the date of hearing."

1PaIn ll.4 {and also para 4.61.

'Para 12.1.

'Para 12.2.

'Para 12.3 to 12.? [Section 316, CT. P. C. 19'.i'3).

'Para 12.3. .

"Para 12.33%.

'Para 11.83.

'Pan. 12.9.

-- "Pan 12.95..

"Pan 12.11.

51?

[T3] Disposal of cases in which there is a large number of accused. gets delayed because one of the accused absents himself on-the date of hearing, The trial court in such contingencies should consider the adv-isabiiity of directing representation of the absent by counsel1 (BA) Having regard to the importance attached to the framing of the charge, the trial magistrates should not leave it to the prosecutor to frame" a charge?

{'}'3B) In recording statements of the accused' under section 313, Cr. PC. the magistrates should ensure that all incriminating pieces of evidence are put to the accused} , {T4} Complaints have been heard that there are not enough number of prosecutors', particularly in cases under the Prevention of Food Adulteration Act and those investigated by the Central Bureau of Investigation. Steps should be taken to __ensurc that there are as many prosecutors as there are Criminal Courts.' , (75) Where the same Judiciai Oﬁicer exercises both civil and criininal powers. normally he should not for both the type of Cases on the same day. If such a course cannot be avoided, he should set apart separate time for civil and criminal cases.5 (76) Cases in which there is possibility of death sentence should receive priority over all other cases."

13. Some general mggestions (Y?) Told:-aw talented young persons to the-Judicial service. scales of pay and other facilities in respect of judicial officers should be such as to provide a decent standard of living.' (78) To enable judicial officers to meet the various kinds of situations that they have to"face in court, there should be a course of training for all judicial oﬂicers before they start functioning} i (79) Adequate court rooms, equipped with proper facilities and sufﬁcient accommodation, should be provided. These should be suitably furnished and provide with a suﬁicient number of books. There should also be provision for a bar room andﬂwaitingaspace for the litigants.' (30) Providing residential accommodation to judicial oﬂicers is of great importance. There shouid be suﬁicient number of residential houses for judicial oﬂicers. which should be at the disposal of. and be allotted by. the District.

Judgcgﬂ (81) In big cities three or four vans should he laced at the disposal of. and be allotted by, the District Judge for bringing: in 'cial orﬂicers to the court and for taking them back to their homes."

£82) In all matters in which an appeal or revision is ﬁled against an interlocutory order, the appellate or revisional court should ensure that' such an appeal or revision is disposed of within a reasonable length of tinsel"

(83) It should be ensured that the record of the trial court sent back within 10 days. of the judgment," in appeal or revision against interlocutory oltlers. Similar course should be adopted it the case is remanded on appeal etc. to trial court."

'P3131119. ' 'Pam 1111A.

'Pant l2.12A. .

'Pars 12.14.

'Para 12.15.

"Para 12.16.

"Parts 13.].

'Para t3.2 {See also para 9.8).

'Para 13.3. ' "Fat: 13.4.

"Para 13.5.

"Para 13.6.

"Para 13.7.

"Para I337.

{S4} Judicial ofﬁcers should be provided with stenographers For dictat- ing judgments.' gs -

(85) Evidence in courts of District and Sessions Judges should norrually be tymd. so that Carbon copies of deposition can be supplied immediately to the parties? _ -

(36) Long delays take place in the grant of copies of jucigments and depositions. 'These can be cut' short if, instead of typing, the whole thing is done by mechanical or electronic proc<:s5.3 I £87) Miscellaneous applications should be disposed of iinmediately after gtving notice. The orders passed thereon should not be unduly lung or elaborate.' (38) Where carbon Cﬂpy of the judgment is not available. certiﬁed Copies by mechanical or electronic process should be supplied within 15 days. Carbon copies, if ready, must be furnished immediately under 0. 20, r. 613. C.P.C.5 (39) In statistical abstracts. credit should be given for civil cases-in which there is a comprouiise and criminal cases in which more is a €;tJn'.pﬂ'.}.n'.li1\g of-

thc offence.' _ _{'90} Judicial iolﬁcers who are unpunctual bring a bad name to the judi- ciary. To 'ensure punctuality, it is necessary that the District Judge should pay surprise visits to the different courts and take necessary :LClir'-I1 zigaiiist those who are recaleiiraiiti t (91) False statements on -natlrand false averments if": .;.-'ii.r.laxr.'i.-.. !.~'i1C~uIF.i not be tolerated. Wtieuever a clear case of falsehood becomes T_?1';i'!lif1':RI. necessary action against the delinquent might be taken in accordance with law}?

{92iSon1e of the suggestions made in this Report would accent-_~._te th:

alloeatiou of :u~;ire fiimls by the State for l:;l1f:\EId!'Elil:iisI1'."»il'itiIt of justice. This cgnnm, in the vet)' muure at things. be helped and the go=.»m-ument slu~.::l;'-. not be loath to do the net-dful for this purpose. Duo and proper iii'-:[','I3i'.:{£1iii.'»?1 of _iu-.atic«.: is one vi" the most essential functions and obligation of the State. The .S1aie, cannot evade or siiirlc its responsibility ii" this behalf on _£_'i'i'»lJllLlS of economy? _ (93) If matters come to the Commission's notice 7. necessitating further recommendations, a sepplementary report would be sent!"

uaam 13.3.

Tara 133'.

'Para 13.10.

. '-Para 13.12.

5l"ara 13.12.

"Para 13.13.

Tara l3.l4.

"Para 13.15.

i'Pa.ra 13.15- "Para 13.11.

H. R. Khannag S. N. Shankar T. S. Krishuamoorthy; Iyer P. M. Bakshi ' Dated, New DELHI, the 27th November, 1978.

Chairman Member M ember Member-Secretary.

APPENDIX 1 FIGURES or PENDENCY IN svnonnmmzz COURTS (cm: and Criminl cases) 61 s-45: LA.D-II'N'DJa'73 T 63 TABLE I Table showing institution and disposal of Regular Suits and Miscellaneous Cases during the quu-Izel-ending December. 1977 and tiispasal as percentage of Institution during 4th quarter of 1976 and 1st, Ind, 3311 and 4:11 Quarters of 1977' .'_q----------

Name of Institution and oihen.-is-.-. Disposal Percentage of disposal over Institution the State | during Rggtﬂu Misc. Total Regular Misc. Total 4th Int ﬁnd 3:1! 411: Suits Canes. Suits Cases quarter qua:-in uartsu nan: runs: I of 1916 of 1977 oqf197'T 1:5 197? 1977 1 2 _ 3 4 5 6 '1' 8 9 10 11 12 I. Andhrn Pn-

Pntduh . 21.942 1.31.211 1.53.153 23,063 1.32.478 1.55.541 105-4 107-9 92-6 96-6 101-0

2. Assam' 1.428 1.004 2,432 1.230 '.052 1.992 101-9 106-0 105-1 100-4' 81-9

3. B11151' -. 9,344 3.539 12,333 '?.709 3.12.3 10,332 222-3 130-2 34-5 96-1 84-1

4. Giliarlil 11,691 9,563 22.260 12.235 8.373 20.608 102-5 99-3 9-2 103-! 91-6

5. Hanan: 9.100 1.116 10.216 9.339 1.203 10.441 124-6 110-3 ' I6-S 89-5 101-?

6. 1-Iiurac.-.haJ Pra-

duh _ . 1.463 1.459 2.911 1.351 ' 1,311 2.6?2 106-4 124-8 123-9 101-9 91-4

1. Iammu & Kashmir Not received

8. Kat-natalta 10,163 6.738 16.956 3,656 7.190 15.846 94-2 96-7 69-2 91-0 93-5

9. Kerala 10.114 35.542 46.256 11.771 38.031 49.302 105-3 104-0 92-9 102-0 101-?

10. Madh:-aPradcsh 18.423 4.989 23.412 13.671 4.930 23.601 109-1 114-3 74-2 89-5 100.;

11. Idabatashtrt. 25,459 14,348 39.00'? 21.080 13.631 34.111 91-1 103-3 13-3 83-0 81-2

12. Manipul . 4-4 SB 132 38 96 134 71-1 100-4 104-1 93-2 101- 5 I3. Meghnlagra . Not received

14. Naaaland . 33 8 41 39 2.1 60 38-9 113-? 123-2 143-8 145.3

15. 01135: . 3,245 2.834 6,015! 3.168 2,690 5,853 115-8 132-4 617-3 105-1 93.4 16, Pungab . 12.883 6.166 19.054 13.841 6.353 20.599 101-1' 111-! 37-2 90-5 33.5 11'. Rajaslhan . 1.699 3.669 11.363 ':".240 4.133 11.423 109-9 104-0 80-9 33-'? 1111-5

18. Slkkinl . 39 . 43 32 32 49 81 111-3 102-9 93-6 115-3 93-8

19. Tatnil Na-:1u . 18.037 89.459 1.07.546 18.532 83.605 1.07.131 105-1 IN-6 91-0 101-4 99-? _m_ .'["r[p1.|.rn . 183 ms 291 359 .99 453 44-5 72-5 64-4 122-1 150-:

21. Utmmdnh 36.995 13.008 60,004 35.011 21.511 56,518 102-4 91-3 113-5 95-! 94-2

22. West Bengal 16.625 3.523 20.143 11,409 2,801 14,210 81-2' 89-3 91-0 91-0 15.5 UNION 'TERRI-

TORIBS

1. A &'14 Island: 22 4 26 21 ' 10 31 168-8 166-? 77-8 83-! 119-2. 1 . :2 .. 2 4 .. 4 mo-a .. 5-0-0 zoo-o mm 3_ ﬂhmdjpxh . 201 an 303 113 are 719 91-0 106-! 113-: 13-1 911-;

4. Dulrl :1: Na- .

- w Havel! . 2 3 J 10 T 17 ?5-0 95?-1 100-0 500-0 340-0

5. D-01111 . . 4,249 2,092 6.341 3.545 22.293 5.768 103-8 105-4 103-9 95-2 91.1} .5. Gen. Dnmm & Dlu . 439 192 631 345 13? 482 71-3 84-? 131-0 106-0 76-4

3. Lakshndweep 5 125 no ta 101 121 1113-9 91-? we 94-4 9:... s. Mimram . 56 as 121 45 64 109 117-1 133-9 120-3 115-4 99.1

9. Poudicherr! . 599 931 1.580 656 803 1.459 102-0 101-3 Bl-0 103-0 91.3 1-gran . 2.2.151 3.41534 5.64341 1.09.503 3.41.922 3.51.415 105-9 103-4 39-4 95-11 97.5 64 TABLE II Table show-'mg total strength of courts functioning, disposal 0:!' Regular Suits and Miscellaneous Cases in Units and rate of disposal per court on the basis of time devoted by courts to civil work in original Jurisdiction during 4111 Quarter 01' 1976 and 1st, 2111!, 3rd 111141 4111 Quarters of 1977 Disposal of one Regular Disposal ,-of one Misc.

_ suits ' cases (3) After full 111:] . .' . . . .6 Units 2. ULits (13) Without Trial . . . . . H4 Unit U12 Unit {:9 by transfer . . . . . . 1 Units 173 Unit td} Without contest, 1111 part: admission of claims, compro- ' mine or ul1it1'=.1ti0n . . . . . . 2 Units U2 Unit N31111: of the Total Dhposal in units during Average rate of disposal per court during . Statajuniou stmzgth 7».-1-1-nurses ofcourts 411: 1:1 and 1361; 4111 4111 _ 151 211d 3:0 4111 quarter quarter quarter x.rt1.'.r unmet quarter quarter quatrcr quarter quarter of76 0t"!'T ot'77 of')? 01''?! M76 of??? of?! 01'7"! of7'I-' 1 2 3 4 5 6 T 8 9 10 ll 12

1. Andhra Pradesh . 1815 1,12,391_ 83,762 69,435 1,011,953 1,03,-433 600-5 475-9 436-7 637-2 556-1

2. Assam . 23 4,431 6,026 6,590 6,742 3,377 142-9 241-0 235-4 232-5 146-3 3.1111111: . . 213 30,434 30,950 32,106 33,235 15,391 37-3 146-0 145-3 155-3 74-5

4. (infant . 124 38,814 37,586 22,799 47,186 33,532 320-8 303-1 262-1 357-5 270-4

5. I-'Inrynna . 47 17,450 17,320 .1;-'.410 20,6S2- 2l.6B3= 545-3 540 467-0 543-5 451.3

6. I-limlnhal Pra-

dah . . 18 5,459 4,422 3,127 5,372 5,313 303-3 245-7 451-5 290-4 295-2

7. Jsmmu at * ___ Kashmir . 1-161 received _

0. Kunntalm 114 27,353 29,791 20,461 35,330 30,014 255-6 256-8 170-5 305-0 253.3

9. Kcraia _ . 96 45,653 50,366 23,203 43,797 47,977 475-6 529-9 290-3 433-0 499.3

10. Madhyu Pra-

désh . . 103; 49,133; 53,790 34,054 59,357 49.0341 268-8 275-3 131-1 323-9 454-0

11. Maharashtra . 173 66,104 72,093 51,239 73,670 53,343 382-1 497-5 299-6 533-3 303-3

12. M11nip1n' 5-5 379 497 619 593 246 216-6 142-0 112-6 70.4 44.7

13. Mcgllalayn _ Not mcei-.-.4'.

14. 1~1aga1and . 19 103 395 134 207 2411 9-0 30-4 7-7 10-4 13.1

15. oziasa . 52 10,735 15,327 6,348 12,043 9,377 104-2 255-5 105-3 334-7 130.3

16. Punjab ' . 31 29,313 31,349 25,171 30,244 34,637 451-11 513-27 364-3 373-4 427.5

17. Rajasuuan . 66 20,336 19,211 16,342 23,259 20,127 300-5 232-5 267-9 352-4 305-0

13. Sikkim 1-75 250 205 230 192 134 71-4 273-3 131-4 109-7 105. 1

19. 'raunIlNa11u 150 91,292 91,729 52,904 1,011,566 92,111 656-3 764-4 397-3 699-8 614.1

20. Tripura 4 395 650 744 901 904 79-0 130-0 148-3 100-2 225.9 21 Utt11rPradesh 349 94,350 99,9211 77,007 1,24,-172 92,422 403-7 233-1 305-6 371-5 254.3

22. West Bengal 126 24,472 33,935 33,254 40,609 21,773 191.2 275-9 303-6 324-9 171.3 UNION TERRI- "

TORIES---

1. A 3: N Islands 1-25 54 39 36 64 68 42-7 26-0 24-0 51-2 54,4

2. Anmachnl Pradesh . 1 4 .. 4 17 19 0-7 .. .. 17.9 19,0

3. Chandlsaxh . 2-55 1,000 1,129 314 611 772 300-0 501-8 361-3 271-6 343.;

4. Dadra &N:1- I gar Haveli ,. 9-25 4 353 6 3 39 16-0 1412-0 12-0 5.9 152.0

5. Delhi . . . 36 14,343 15,399 11,379 14,035 11,063 436-6 427-3 330-0 391-6 329-5

6. Goa, Daman Sc 1 Diu - 9 1.3112 1.602 1,150 1,1104 1,267 172-3 133-5 135-3 212-2 140.0

7. Iakshadwecp 1-25 103 32 41 15 as 51-5 123-0 41-0 15-0 55.3

8. Miznmm . 1 533 495 519 159 372 235.7 495-0 519-0 159-0 372.9

9. Pondichcrnr 3-5 2974 2,347 1,362 2,931 2,903 424-9 433-0 ' 209-5 366-4 341.5 TOTAL . 2.016-75 11,92,450 7,022,733 522,043 190,645 6,53,002 325-2 349-9 272-7 393.4 323,, 65 TABLE III 0.9 +2.5 +1.3 Pen of Regular suits and miscellaneous Cases on the Original side as on 1-1-1977, 1-10-1977 and 31-11-1977 amdrate 0fin1:1-ease 3 decrease during tl1e4tl1 quarter of 1976 and 1st, 21111, 3rd and 4111 . quarters of 1977 , Nameof thestatey Pendency-v as are Rate of increase or decmasc Pementag 115155 I'erritorie5. acres.-159.

1-1-77 1-10-77 31-1-77 415 151 - 2511 3:0 411:. du'.:'ea|e_:n .i'.%'""°"3'?"'°' 3}'""" ..'7''''''''' 3""

' 1975 1977 1977 1977 1977 to 31-12-77.

1 2 3 4 _ 5 5 7 3 9 10

1. Aiimznriadesh 2.15.505 222,551 2,111,273 --3~7 ---4-3 -.-4-3 +2-5 -1-1 H-2

2. _AnIm . . 14,933 ,14,537 14,977 -0-3 -1-3 ---1-3 -41-1 +3-0 +0-3

3. 131115: 1,49,s77 1,49,475 1,51,525 -0-7 -3-7- +2-9 +0-5 +1-4 +1-1

4. Genius: 1:20.343 1,25,433 1,223,005 -0-5 +0-1 +5-s -0.3 +1-3 +54

5. Hanna, . 25,051 25,770 25,599 -5- 7 -2- 9 +4» 7 +50 -05 +5- 1

5. Hima1:ha1P1'adesl2 . 17,332 15,513 15,753 -1-1 -2-9 ---7-2 ---0-5 +1-5 -50

7. Ja.11nnu& Kashmir Not re5e1v55--_--

s. xarnataim . . 1,130,014 1,137,155 1,571,275 +0-5 +0- 3 -72- 7 ---1-0 -.-0- 5 +4- 5

9. Ketah . . 37,232 05,523 33,077 -2-7 -2-1 +25 -10 -4-1 --4-3

- 10. M50119: Pradmh 1,00,352 1,05,400 1,05,211 ---1-s ---3-1 +5-3 +3-4 -0-2 +5-3

11. Mnhlnshtra . . 3,50,s71 3,5.-,s7e 3,70,974 +04 -04 +3-0 +1-7 +1~4 +5-7

12. Mnnipur . 53s___ 531 _-- 529 ' -"+9-3 '-0-2 -2-2 +1-1 -0-4 -1-7 13- Meshalnva - No! 15551955 14- Nawhnd L ' . 331 332 313 +553 --4-2 -3-5 -5-7 -5-7 -17-3

15. Oriana . . . 22.954 2-AB: 21,453 -3-7 -10-0 +9-4 -1-5 +1-0 _-2-2

15. Punjab . . . 53,533 55,700 55,055 ---0-5 -3-0 +4-7 +4-2 -2-9 +2-7 _ 17. Rqiuthsn . -. 71,903 75,345 15,285 --1-4- 1-07 +1-3 +3-'7 -0-1 +4-7 13- Sikkim - - - 236 123 229 -3.3 -04 +21 -45 +04 -3-0

19. Tamilﬂndu . . 1,715,507 1.79.153 1,79,527 -2-9 --0-3 +3-4 --.0-9 +0-2 +2-3 20- Tﬁpurn - 2,815 3,035 7 2,209 +12-5 +5-1 +7-3 -2-0 -5-7 +3-3

21. Una! Pradah . 2.19.072 2.23.540 2,_2-7,015 -0.7 +2.7 -2.5 +1.9 +1.5 +3.5- ?2-Wutlinxal - . 1.84.2-12 1.91.312 1.92.250 +1.9 +1.3 +1.2 +1.2 +3.1 +7.0 umon manrronms . _ -

1. 113114151555: 97 95 93 -10.2 --12.4 +7.1 +7.7 -5.1 -4.1 2 A11lndnlPradah_. 5 14 12 -15.7 +1000 _+..213.5 -33.3 -14.3 +1400 3- Clnulbﬂn - - 2.846 2.599 2,973 +2.5 -2.1 -3.4 +7.7 +2.5 +4.5

4. Duh-2 & Nam H12- -

we . . . 140 54 52 +0.7 -42.9 -- -20.0 -13.7 -52.9

-5. Delhi . _ . . 31.951 31,451 32,024 -0.9 -1.2 -1.5 +1.1 +1.3 _ +0.2

6. "30I.Dnman &Diu 6.458 5.329 5.47:: +2.0 +1.4 -2.5 -0.7 +2.4 +0.3 7 . 113 142' 151 -9.5 +4.4 +17.s +2.2 +5.3 +3.5

5. . . 215 130 192 -7.7. +11.5 -11.3 ---15.1 +5.7 -11.1 9=.1vu'Ji5h=n3 . 2.545 2.563 2.684 -1.5 --0.7 +7.3 -5.5 +4.7 +5.5 '1'1mu- in run comm 20,37,797 20,95,570 21,09,905 -1.5 +0.5 +3.5 66 TABLE IV Table showing institution and disposal of Regular and Miscellaneous Appeals in district Appellate Courts during. 4th quaner of 1977 and percentage of disposal over Institution during 4th quarter of 1976 and 1st, 21111, 3:11 and 4th quarters of 1977 . Institution and other Disposal Pcrceutagc of disposal over Institution Name of the wise received during S1ate;'Un10n _ Territc; ry Regular Misc. Total Regular Misc. Total 4111 1st 2nd 3rd 4th- Appcala Appeals Appeals Appeals quancr quarter quarter quarter quarter of 1916 of 1971' o1'19TI' of19T1'_oi' 1977 1 2 3 4 5 6 T 8 9 10 11 12

1. A1:uih1'aPrad:5h 2,393 1,642 4,535 2,478 1,335 4.363 105-3 105-? 57-9 107-5 945-2

2. Assam . 154 ' 55 209 111 45 156 16-1 105-6 32-6 82-6 14-6

3. Bihar, . . 1,432 490 1,922 1,210 481 1,711" 131-9 101-3 98-6 89-1 89-0

4. Gujarat . 844 413 1,257 194 359 1,153 90-0 101-8 150-8 126-8 91-1' 5, Haryana . 2,092 456 2,543 1,113 318 2.156 93-0 12-3 88-3 91-2 84-5

6. Hmhai 302 226 1,028 192 243 435 81-2 12-4 88-3 91-1 42-3 Pradesb _ 1 .'ammu_ and Not received.

1eCaal1.1-1111'. '

8. 1-'.511:-s-.ia1<a . 1,14? 1,12? 2,274 1,311' 1,048 2,365 111-4 130-2 94-4 14.3.3 19.1.0

9. Keiaia . 1,966 151 2,747 2,441 365 3,313. 113-1 113-6 14-1 115.9 130.5

10. 1--1a:1'n;-fa 2,293 1.188 3,481 2,063 1,031 3,149 82-3 109-4 84-8 114-6 ' 99.5 Pradeen. _

11. Is-ia11z.'.u'1s11t1.1 1,833 758 2,591 1,562 519 2,141 126.2 91-4 84-? 121-3 32.5

12. M'a.E'-ipur , 11 _. I1 9 3 12 100-0 141-2 100-0 114.3 109.1

13. Meghaiaya ' _ ' Ne; ,-w,,-,,,,_ 1 14. Nagaland . 20 .-- 20 12 .-- 12 59-3 06-1 19.3 425.0 am

15. Otissa . '. 536 236 112 .462 223 690 39-1 105-1 59.3 105,6 39",

16. Fun}-ab 3,310 6'28 3,938 3,435 692 -4.121' 101-0 108-6 104-6 103-0 104.3

17. R3,iESEi1d|'1 1,384 7'33 2,122 1,198 562 1,160 101-5 95-6 92-6 91-2 32.9

18. Si]-Llcim. --- -- -- - - -- -- -- 120-0 25-0 __ :9. 1:11:11 Nadu 3,049 1,513 4,022 3,316 1,192 5,168 105-9 112-9 110-4 115.4 1,1,3

10. T:-2.-sum 35 20 55 29 15' 44 176-9 113-9 195-1 39.3 ' we

21. L.-ttar Pradesh 8,801 5,341 14,148 1,193 5,619 12,811 100-4 91-0 135.3 103,, 9o__S

22. West Bengal 1.211 60-: 1,331 1,035 529 1.564 100-? 108-1 105-2 1o4.1 35.4 UNION TERRITORIES

1. A. .51 'N-'.151a11d -'-- ---- -- -- -- -- .. 3-,ou.o __ 100.9 _

3.. ﬁgudigﬁhat - 1 --- 1 1 I 2 3 -- _ 50.0 3m_0 3, Chandigaxh 11 14 91 23 59 32 69-9 115-9 - 130-6 121-2 911-1

4.I)ad1'a a.nd_ --- 1 1 --- 1 1 -- --. _ __ 1m_o Nag-at 1-In-1-eh .

5. Delhi 369 688 1,057 , 308 609 917 90-7 9Q-5 91.5 35,9 863

6. 'lgcagiui-Damaxi 43- 42 85 55 1? '12 98-5 113-9 91-2 55.1 34,7

1. Lakshad-weep 1 -- ,1 5 1 6 50 0 25-0 _ _ an 0

8. Mizomm 16 15 31 6 15 21 62-5 110-0 39-0 11-B-6 57.1

9. Pondichmliv - 65 50 115 57 as 122 110-1 115-5 33-: 111.2 106,,

-rm.-.:.1n11.u 34.341 17,152 s1,493_ 31,1315 17,174 43,350 ms-5 193.7 95.7 107.3 count ry 93.9 67 TABLE V Table showing tdtal ﬁt:-ength of Courts for Appellate Civil work,-1-dispos11l_il1 Units average rate of disposal per court on the basis of time devoted by Courts to Appellate Cm! work during 4th quarter of 1976 and 1st, 2nd, 3rd and 4th qllarters of 1977 Rcgular Appeals Mﬂaceﬂanqous Appeals in) After, full hearing == 2 units 1 unit

(b) DisI1_:1iasa.l or not prosecuted =--- 1J6 mail 1112 unit (c}Transfe1-rudtootbsrcouns == 1-unit iI1_tIiI Total D'-°-' - "-- "-'- :1:-3-:6, -:1-...;:-.3'.-1:-;,.-3-.-gt. § -.:-2.-..-in-. _ - Name of the am.-nsth appellate civil wart du:-ins -

Smtejunion of courts "

- Tarritonr fol' Appellate '46:. Int 2nd 1 3rd 4111 4:11 151 21112 3rd 411; work quaner qparter quartet quarter quarter quarter quarter quarter qua.rtur quarter of76 43177 of 77 -of 77 of 17 of 76 _ot' 77 of 77 of 77 at 77 1 2 3 4 s 6 7 3 9 ' 1o 11 1:

1. AndhraPtnde-sh 25 3,633 3,355 2,036 4,444 4,454 147-3 119-3 91-0 170-9 171-3 2, Assam . -4 22.3 372 354 407 191 ' 37-2 6?-6 ' E8-5 101-8 47-8

3. Bihal : 36 2,112 2,169 1.962 2,452 1,212 41-4 3-'1'-4 36-3 40-2 14-1

4. Gujarat. . 18 1,705 1,713 1,371 2,225 1,518 B1-2 100-8 715-2 92-? 84°.-.--

5. Haryarla . 11 1.556 1.701 1,101 1,229 2,314 311-2 243-0 220-2 245-8 210-4

6. Hhnnchai 2 357 230 298 378 436 102-0 57-5 74-5 94-5 218-0 P1-adesh

-.7.J51r.mu and -----------------------------------mm----------------------------------------- 1'-':.zt received. Kashmir _

8. . 30 3.570 4,182 2,339 4,429 3.033 274-6 154-9 95-': 158-2 102-3

9. Keraln .. 21 4,476 4,737 2,036 3,733 3,998 223-8 236-9 101-8 136-7 190-4

-10- Ma-111.73 Pmdcsh 31 3.335 5,745 3,289 5,503 3,567 233-2 287-3 96-? 157-2 115-1

11. Mahanzahtra 27 4,812 3.8 2,741 3,214 2,925 209-2 175-5 137-1 120-4 108-3

12. Maniiaur . 0-5 12 '30 29 34 21 43-0 60-0 58-0 68-0 42-0

13. Meshalaya . I-E-2-1 received

14. Naaaland 3 66 ---- 17 16 24 3-25 ----- 5-7 5-3 8-0'_

15. Orissa . 3 636 1,034 449 947 625 212-0 54-4 23-1 236-8 711-1

16. Punjab. 14 2,782 2,659 3,060 3,963 3,824 252-9 242-6 255-0 330-8 273,-1

17. Rajasthan . 11 1.431 1,721 1,160 1,876 1,392 124-4 143-4 96 7 170-5 116-5

18. Sildrzim. 0-25 -- ----' 7 1 --- -- -- 28-0 4-0 ...

19. Tamil Nadu 14 6,946 6,562 3.092 6,835 5,907 243-1 235 .3 93-': 421-2 43.; . 20. Tripum . 1 57 104 114 56 42 57-0 104-0 114-0 56-0 42-0

21. Una: Prnde-sh . _ 86 12.034 13.330 10,883 14,153 10,507 218-8 142-3 143-2 168-6 122-2 2.2.. wen Bengal :0 2.161 2,1596 3.690 3,301 1.534 74-5. 111-4 118-8 12-3 51-1 6 UNION TERRITORIE

1.A.&N.Ialnnda 0-25 --- 3 -- 2 -- -- .. _. 3.9- _.

1'. Ammchal ' 1 -- -- --- 2. 2 ~-- ---~ -- -- 3 Prndanh _

3. Cknndimrh . 0-75 93 144 91 111 81 124-0 192-0 121-3 148-0 108-0

4. Dadra and 0-25 4 2 --- -- -- 16-0 8-0 -- _ _ Nagar Haveli

5. Delhi . . 8 348 S35 _ 627 1,108 824 105-0 104-4 78-4 153-3 103-0 _

6. 5&1, 1 158 £15 33 101 96 316 0 230-0 110-7 202 0 96-0

7. Ialmhadweep 0-25 4 2 -- --- _3 5-3 2-7 --. _ 11.9

8. Minimum . 1 27 41 139 72 26 27-0 41-0 I39-0 72-0 26-0

9. Pondiuhcrry . 2 193 190 94 190 169 77-2 76-0 37-6 126-'7 84-5 T%-31:." in the 438-25 53,332 57,792 40,512 61.787', 48.775 154-3 137-3 101-8 18-D 111-3 111' Tabla showing [Iendency of Regular and Misuelhure 1-10-1977 and 31-12-1977 and rate of increase or deer lat, 21:11, 3rd and 4!]: quarters of increase or decrease 11 68 TABLE VI R314 .,1'i111:1uu 111' 11431333: 111111113 0113 Appeals in .Dist1-11:1 Cnslrts as on 1-1-19?? and easeinpudealcy Illlring4tI1quarter of 197611nd 197730113130 tl13n11mb11n1fca3e.3i11erease110r1le1:rea3ed_an11 pea-eentnge ithin 11 period of 12 montln i.1-..'£1'o111 1-1-1977 to 31-12-1971 N1:1- Perﬂgntut Nnnnof Ihsﬂulaquninn Pmdma"°n Winn 11131-3931. or him' 1-1-11 1-10-11 31-12-11 4111 1-1 3.31! 3111 4111 ?u:.I:1f|1°I1'o :1-1.1 ".111 11111' 1.111 1.111 ':;'.'.31- =-= I 2 3 4 3 6 1 3 9 10 ' 11 1.111.111.1111-131111411. 12.319 13.430 13.302 .. 1.3 .. 1.3' + 13.1 _ 2.2 + 1.3 +1.33 + 111.4 . 2-11.3.'; . . 1.310 1.992 2.343 + 3.3 _ 11.3 + 3.0 4.4 2.1 + 113 + 3.4 3.3111141. . . 14.005 14.230 14.443 _ 111.1 .. 1.5 + 11.3 + 2.! + 1.3 -1- 433 + 3,;

4.'u4|uu . . . 6,134 15.1122 6.1211 -1 2.1 _. 3.3 + 3.3 _ 4.9 4 1.3 ._ 3 _ 0.1 3.1331-11.114 . . 3.033 3,133 3.111 -1 1.3 +111.1 -1- 2.2 + 1.3 -1- 3.11 41.144 + 22.1 3.121111114111111-1434411 -1.324 1.103 2.233 .+ 3.3 + 3.3 _+ 2.5 2.3 +34.a + 112 -1- 30.1' 7- hi 5'K1ll.III.ii' - - _ No! |'Ec¢i\H. .

I 1331-31314114 . . 13.966 14.141 14,035 __ 1.3 .. 3.4 + 0.3 .. 1.1 ..-. 11.3 _.1.910 __ 12.0 - 3,113.-314 . . 12.323 12.403 11.1139 _ 3.3 _ 4.3 + 3.4 .. 3.3 _ 4.3 _ 934 _. 1.-1 1g_1.1...11.;.pn.3..1. . 13.200 12.1124 12,933 + 4.4 _ 3.4 -1- 3.4 _ 4.3 -1- 2.6 _ 244 __ ;_;

11. 1.1.1.-114311114 . . 19.392 19,313 13.933 _.. 4.1 + 0.4 + 2.2 .. 2.9 + 2.3 + 311 + 1.; 12.11.3133: . . . 43 33 34 _ . __13.a _ _ _ 1.3 _ 2.3 ; u _ 3"

13- "C513" 1 ' _N1.-t rescind 14.31..41..nI . . . 1 4 33 13 _. 14.4 -1-23.11 +1.430.o_13.1 4 12.3 33 +.,1;5.., '13.1111-44. .. . 2.440 1.929 3.011 + 3.2 _ 1.3 + 1.1 _ 1.9 + 2.11 111 + 4.11 ' 13.1-...ga1: 3.331 1.943 1.139 _ 3.1 _ 1.3 __ 1.3 __ 1.3 .. 2.4 __ 32; _ 7,' .1. 11.14.11,... . . 1.313 3.230 11.322 _ 3.3 -1- 1.3 + 1.4 + 2.4 + 4.4 + -144 1. 94

13.313311; . . 3 1o ' 13 . + 33.3 _. 12.3 + 42.3 __ 2 _,_ H-, 19.1-311111133411 . 13.934 11.233 14.1539 _ 2.0 _ 3.9" + 4.1 _ 3.1 _. 3.3 '_1,;gg. _ ,3 2o.'1'1-lyun . '. 323 253 263 _ 5.3 ...10.3 .. 13.4 -1 2.4 4- 4.3 __ 53 __ .44 21.1111":-1.1-141111 33.333 35.432 33.133 _ 0.2 -1- 1.3 _ 3.4 .. 1.1 + 3.3 _2.013 __ 3.3

22.Was111ung_n1 . 9.309 3.116 9.043 _ 2.0 --- 2.5 _ 1.3 __ 1.3 + 3.0 _ 233 __ 3,.) UNION mnmronlas

1..1.311~1.111..n11s . :1 2 2 -1110.0 _. 30.11 +100.u +1011.00 _ _. _

2.A:unn11311I111_1fe4rr . .. 3 1 -- -- _' _ _u,-; .1. 1 _ .~.3.CI1nn41i3-Irh . . 229 131 113 +11.4 _ 9.3 __13.6 _ 9.1 + 3.4 _ 51 __ 234

1|-.D311l1:I&NIg1'Ha'nli 21 33 33 _11.3 __1'13.2--11233.3 + 1.3 _ .1 H '.1. 153,, 3.1341111. . . - 9.471 -1.399 4.949 + 2.0 + 2.1 + 1.4 + 3.3 + 2.9 + 413 -1 1o.-1 3.13..4134m4nu1:1iu . coo 331 334 + 0.3 _ 1.1 + 1.1 + 3.3 + 2.0 + 34 -1. 19,-;

1.I.nh1n1111-n1:- 14 20 13 -1-21.3" +21.4 -1-23.3 _ 4.3 _»23.0 -1- 1 .4. -1,; 3 Iﬂlunn . . . .31 34 64 -1- 13.3 _ 3.0 -1 111.3 _23_9 .1 11,5 _ 3 :_ L,

9.P131IlilIIlr! . 433 439 "432 __ 3.0 . + 6.2 4 3.3 ._ 3.3 _111.3 + 9 .1. 2.0 31.14114 11141334-u-1r 1.32.332 1.31.343 1.90.132 - 1.1 _ 1.1- -4.. 0'1' _.--'23-- _+' 13- ".__1,7111h3-- ' _ '-11.3.

Name of the State[U13i01:1 Pendcncy as on 1-1-1977 TABLE VII General result of Trial of civil Cases In the Counts at district level on the 0rig'mal side during theyear 1977 Disposal 1l1.n'ing.thc year 1977 Institution during the year 1977 / Pendency as on 31-12-1977 Territory Regular Misc. Total Regular Misc. Total Regular Mm-:. Total Regular Misc. Tmal Suits Cases Suits Cases _ Suits Cascs (2-I»-5-8) (3+6--9) (4+7--10) 1 2 3 4 _ 5 , 6 7 B 9 10 11 12 13

1. Andhra Pradesh ' ' 78,143 1.37462 12,15,605 86.755 4,66,854 5,53,609 83,679 4.67.262 51,50,941 81,219 1,37,054 2,111,273

2. Assam ' - - 5 ' l.l5,55l 3.382 14,933 8,034 044 13,078 8,507 4.527 13.034 11,078 3,899 14,977

3. Bihar - - - - 122,326 27,551 1,49,s77 62,933 13,524 31 512 6 2,245 17,617 79,062 1 23,069 23,457 15,15,213

4. Gujarat . - - - 86,982 33,366 1 20,348 53,007 37,454 95 461 52,325 35,399 87,724 92,664 35,421 123,035

5. Haryana - - - - 21,268 3,793 25,061 33,623 4,616 33,244 32,391 4,315 36,706 22,505 4,094 26,599

6. Himachal Pradesh - - 12,389 5443 17,832 5,400 5,735 11,135 6,346 5,858 12,204 11,443 5,320 16,763

7. Jammu 8: Kashmir - _ ----Not available "

8. Karnalaka - ° 62,286 1,17,728 1,80,014 40,761 26,971 67,732 34,719 24 51 59,470 68,328 1,l9,948 138,276

9. Kcrala ' ' ' 41,22,888 44,944 87, 41,612 1,26,370 1,67,982 45,696 1,26,441 1,72,137 38,204 44,873 83,077

10. Madhya Pradesh - 81,933 18,419 1,00,35 79,625 20,681 l,00,306 75,548 19,897 94,445 87,010 19,201 1,136,211

11. Maharashtra ' ' 2,57,194 93,677 23,50,871 1.17.079 67,250 1,8-15329 99,675 64,551 1,641,226 2.74,598 96,376 35,70,974

12. Marlipur ' ' 3 174 431 554 985 428 566 994 367 I62 529

13. Meghalaya Not availablej--- . .

14. Nagaland 211 170 381 161 94 255 185 138 323 187 126 313

15. Orissa 14,849 8,105 22,954 14,444 11,915 26,359 515,044 11,816 26,860 14,249 8,204 22,453

16. Punjab - - 35,320 13,313 53,533 49,302 25,982 75,234 49,135 24,677 73,362 35,437 19,613 55,055

17. Rajasthan ' ' ' 55,965 15,938 71,903 31.970 14.849 46.819 28,678 14,759 43,437 59,257 16,028 75,285

18. Sikkim - - - 173 63 2315 130 170 300 144 163 307 159 70 ' 229

19. Tamil Nadu 90,248 85,259 l,75,507 72,948 3,34,-406 4.07.354 70,294 3,33,040 41,03,334 92,902 86,625 1,751,527

20. Trpura-"' - o - - 161 654 2,815 1,205 619 1,824 1,215 515 ' 1,730 2,151 758 2,909

21. Ultar Pradesh - 1,64,034 55,038 .'!,19,072 1,7-4,734 88,613 2,153,347 1,725,451 81,952 155,403 1,155,317 61,699 2,27,016

22. West Bengal - - 1,418,410 35,842 1,8-4,252 75,218 19,167 , 85 63,755 17,632 18,387 1,59,873 37,377 1,517,250 UNION TERRITORIES . ' 1, A. 8:. N. Islands 1- - 85 12 97 82 28 110 87 27 114 80 13 93

2. Anmachal Pradesh - - . . 5 5 8 2 I0 6 6 12 12" .. I2"

3. Chandigarh - I - 822 2,024 2,846 675 2,604 3279 504 2,643 3,152 993 1,980 2,973

4. Dachja 31 Nagar I-lavcli 171 19 140 ll 8 19 37 20 107 45 7 52

5. Dclhl - - - - 21,953 10,008 31,961 16,732 9,183 25,965 16,319 9,583 25,902 22,416 9,608 32,024

6. Goa. Daman & Diu - 4,668 1,790 6,458 1,780 750 2,530 1,058 1,002 2,510 4,940 1,538 6,478

7. Lakshadweep - - 5 56 57 113 I8 334 352 24 290 314 50 101 151 8- Mimram - - - ' 135 81 216 292 226 518 295 247 542 132 60 192

9. Pondichctry ' 1,239 1,306 2,545 2,554 3,314 5.868 2,407 3,322 5.729 1,386 1,298 2,684 TOTAL m 1-ma co'U1~11'1w : 13,17,174 7,211,623 2,20,37,797 9,76,63412,92,314 22,63,943 91,23,747 12,73,021 21,96,768 13,70,071 7,119,915 21,09,986 @'."Tl:1c peﬂdﬂﬂcy Of Misc. Cases in Bihar on 31-12-1977 shuold be 23458.

'Revised pendcncy. (2897 M.A.D.R. Cases included).

(11) The pendency of Misc. Cases in Madhya Pradesh comes to 19203. **'Il'c ptndency of Regular Evils 25 011 31-12-1977 should he 2 of Misc. Cases 1 in A1'un11cl'1alPmde3h.

'Ge11e1'al17e1Inl1:of1:riaiofCivil 70 TABLE VIII Cases In Districtfmlditional Judges Certs on the Original sicie during the year 1977' 'E:%"

Phndanny an on I-I-191'! Institutlondnring [977

-Dispoul during 1977 Pudcncyuon 31-1:-76-7'.

':'.':' -T°"' ..... "£11; '-'°'"' ':3?' 2'.'::.' "°"' ''':.?'.i:.' 'S'.'.':; '°"' 1 a 9 4 5 G 1 1 9 111 11 1: '1;

l.J1.r1dhnI'r11d0:h . 511 6.301 3.1113 369 36.512 33.441 I96 31.193 39.119 an 1.599 1.410

1.Aua:n . . 245 1132 -1.127 :24 1.044 1.268 [64 9116 1.010 309 1.020 1.313 1.31:... . . 1'41 4.324 5.1112 4:: 3.553 3.991 425 1.519 4.11115 -no 4.19: 5.043

4.G1dam . . 1111 5.53: 5.613 63 6.1169 6.13: 91 5.78: s.I13 ll Jul-II 51.37 3.1143". . . 513 613 1.191 613 332 1.563 51.11 :15 1.093 1:6 935 1.661

5. 'ﬂiuauhul Pradoah Not utillble Eopllltdr

1.I:1nuu&.K.nhmi1- Not 31-Iilable .......--......................,...-__.______ I.KArnnt':h . -_ 90 1.6411 3.130 3:14 3.936 4.313 314 3.639 3.953 1119 9.949 4.4149 '9.I'.9rI1a . . . 45 4.5114 4.130 5'13 I0.I68 10.841 313 9.1101 9.320 3116 5.945 6.151

10.14.111.13 P1-adesh. 5.439 1.315 9,314 6.200 4.1139 11.039 5.61.10 4.311 19.111 6.039 4.303 111.242 11.11ln1mn11un . . 43.341 4,343 48.691 10.743 3.95: 14.695 s.Io3 3.393 19.196 45.737 5.407 51.194

12. Hanipur . . 23 19 42 43 32 1-5 43 4:1 41 :1 9 an l3.M.aghI1a3'l . . _----- ----------up-------------4--- Nolallillhle

14. Nnplgnd . . _.._....._._.-..--.........--.... For nwiinble Scpirnlcly ...._...._..._._..._..__._.,_._..____ 15.13.1114 . . . :13 111 310 1.7 956 933 36 In: 3311 :4 931 955 l§.P1.u1.kb'. . . 1.11: 1.31.3 2.341 331 3.035 3.616 1.679 2.557 4.226 3711 1.551 2.221 l1.Ra.1ulI1nn _ 3.1161 3.'.|'l6 6.711' 1.056 3.536 5.641 1.4911 3.213 4.30! 3.621 4.1134 1.111 Il.S1|:ki.1n . . ' 24 29 53 37 103 141 so 91 127 31 3-1 as

19.'I'a.11:LiJNa1iu. . 633 5,053 5.146 694 24.245 24.939 1.191 24.111 24.374 15: 5.126 5.311 z0.Trip11n . . 75 266 341 46 303 354 '46 226 :73 'IS 344 423 3l.Una1-Pradosh 1.089 3.225 9.314 3.961 11.959 21.930 4.014 17.441 21.515 1.916 1.133 9.339 u_g,r...3...,.1 10.443 9.424 19.361 11.333 5.490 16.143 9.851 5.411.-.1s.3'16 11.94: 9.439 21.434 UNION 13331103133

1..\. N.l|lu1dn . 3 6 9 1 14 21 6 13 ,3 :9 4. 1 11

2.Arunachn11'n:|.uh ----_--------.-..-..---- Nulreeaived Separately _.

3.C11anIiig4rh. . 3 162 565 -- 409 4119 --- 549 549 3 41.: 425 4-.DAI!1-aﬁﬂsgnr -- ---- N"

8:111:11. _ _ _

5.D|lhi . . 811 3.I03 4.629 814 2.815 3.63! 11! 3.438 -hlsi 913 3,439 4,153 5_*a,._n.....aniu __ 133 430 613 I 36 164 no 52 I53 261 161 43! 6116

1.:1.nh1adwu1a ' . - - - - -- - -- ---- -- -- -- --

- a. mum... . _ _.....------ Rot nuniwl upumsls

9.Pnndio|1Irr.'I - - ' 1 1'15 131 6 31! 3:5 4 _ 363 363 I III 139' 10.391 69.543 1.40.134 39,116 1.30.734 1.30.432 36.355 1.21.183 1.63.543 73.954 73.086 14,740 TOTAL in 3110 Goﬂnllj.

'Pund¢ncyarl1lJ1oallnnaIuu4O1u1In Bilnronﬂ-I2'-l971|' ought to to 41!! insignia! 4:95.

'7! TABLE IX General result of Trial of cases in Seniorfsuhordinate Judges Courts 4111 the origit1al:side hrhg ' the year 1977 N r S I Pande,-nay ason l-I-1977 Institution during 1977 Disposal during 1977 Pe...:....:y;....;3|..11..'.I7 B ' . 1 .: _..._ ,_ t'ﬁ.°1..'Z 155:1...-.[r".5° n....t.. Misc. 1*..:a1 11..-61.. 1111517.!'-Total Regular Misc. T¢In| 11 .1... H133. 10:11 suits 4:-anus suits Gases suits 0119:: I31: tau 1 2 3 4 5 6 7 a 9 III 11 1: 13

1.Andl1ra.Prad6sh . 10.114 13.0311 43.194 7.1177 I.ul.103 1.011.980 6.504 911.189 1.04.693 ll,-48".' 35.994 47.111

2.A.sIam . . . 1.248 439 2,737 1.221 44')' [.574 1.!!! 388 1.526 2.337 543 2.335

3.n.'1...r . . . 17.14L_1--},23o 47,371 15.3.56 7.594 22.950 16.773 47.541 24.314 25.724 13.235 .".9,'tt,9 4,GuJa:at . . . 12.911 12.306 35.217 27.162 12.391 39.553 23.423 11.263 34.691 46.6511 13.429 6o.c'.s

5.HanI'aua . . 3,356 1.259 4.115 4.956 1.509 6.465 5.376 1,453 6.339 2.436 1,315 3.751

6. Eimachnl P1-adesh . Nutavuilablu separately

7. Iannnu & Kashmir . NJL.

8- Karnulaka . . 7-953 I 3.532 51.135 4.660 14.588 19.24! 3.183 13.391 16.530 9.430 24.523 33.953 9.16.1-1-.16 . . . 6.50.7 19.063 25.511 5.337 35.699 41.736 5.770 35.626 41.396 6.570 19,231 25,351 1o.Mad1.ynPrad6.1. . 8.135 1.642 10,777 B.6B3- 3.524 12.027 7.9911 3.421 11.419 s.l20 2.743 11.:t:s 1l.M4I1aruh1n- . . 37.310 17,410 54.730 19.743 11.495 31.238 15.545 9.565 25.354 41.;c4 19,413 59,514

12. Mnnipur . . I51 39 190 179 230 40? 154 200 354 176 G9 305 l3.Megl1nla1=u . . rm.

1-I-'.Nagn1and . . Not avaiiathla aapnntaly.

15.01-ism . . . 4,554 1,545 8.099 3,461 4,494 7,955 3,623 4.455 3.1133 4.337 3.534 7'.-971 l6.PuaJah . . . 1.850 1.341 1,693 4.098 5.302 9.400' 3.235 4.401 7.692 2.663 3.778 (411

17. Raiasthan . . 4,193 1.072 5.270 2.311 1.005 3.316 2.117 1.1124 3.141 4.35I2,'1,a_53 544; I' lB.5Ikkim . . . 149 ' 34 133 93 as 113 114 66 166 128 33 .51 .9,-1~.....uNa.1.. . . 30.536 39.523 70.111 13,156 1.16.533 1.37.769 20.826 1.13.681 1.36.101 32.943 40.425 73.313 :u.'['|-ip;"3- . . 313 131 509 I36 131 157 15] I3? 283 353 125 433 g[_ Uttgf Pmtiash . 32.726 9.361 32.053 19.281 15.669 4.947 18,868 I3.99l- 32,362 23,139 11,934 34_:73

12. Wuatﬂangal . . 27.Il9 3.996 31.ll5 15.446 3.152. 13.503 H.582 3.058 l.'l.§-40 21,983 4.100 32,033 UNION TERRITORIES

1.Aa-.1-«lrslauds . 32 5 33 '35 H 39 3| M 9.5 1'6 6 82 ;_ A1-u1uu:.a1Pra.duh Not available s017Bl'Itu17'-

3. Chandigarh . . 177 369 54-6 [65 4-86 651 B4 558 E42 zjl ago 553 4, Dgﬁfg 81. Nagarlilavgli 121 19 140 ll 8 19 37 20 10? 45 1' 52 5_D,n,. _ _ . 1.475 4.407 33.152 l2.181 3.943 16.724 12.121 3.727 15,343 19,465 4.623 24.026

6.a....,DIm.1n6:n1.. 3,59.) 1,129 3.719 913 423 1.336 801 679 1.480 ' 2.702 373 3575

1.IakaI1dlaep . 36 41, 11 3 93 100 7 7o 77 26 6| 94 3_._{;...,,.... , N61 anilabll upsralely.

9,Pg.:.¢iuI1¢.-._-3 . 423 E29 1.051 '.133 LTD! 2.-I-41 662 1.714 2,316 439 .533 1,122 .07.; , . 2.39.057 1.39.911 4.48.961 1.13.313 3.41.36'. 5. 20,;-<11,-liZ~,:{-; 3,3o,_<.9;4,94,.-;.. 2_73_3452_n].]394'15,o3:V

-I-...¢....6y ..rM_i.c. cunt.-131.12-19771.. Bihar ouglll. to 1:613:83 inItlIl1afl32B5. in Madhn Pradeu. 2745 i:u4ad6fz743 Ind Clnnéigarh 2.97 1:316:11 of 3011.

.' TABLE X General fesnlt of Trial of Civil Cases in Mil' Courts on the original side during the year 1977- 1=.....1..........'.n1.1-1977 1nsa1:u1i.;.n during 1977 Disposal during 195'? Pending:-111131-12-77 Nameufthu Stun! --- _ ------------ --2---------. - ~ - - -- ' '7--'."'"°'--' . - - 1 _ 1-. 1 R -1.. M-_c. T11 Mun. Tolll T5-='W 77.11" W :11.' " .....

1 ' 2 3 4 5 5 7 '3 9 113 11 12 13

1..1Lndh.raPrr.-1:131:11 . 55.301 -72.1172 1.59.173 75.3611 3.18.917 3.94.777 74.191 3.12.415 3.'-'R155 07.1'.-I 49.31511-57.351

2.Assa.m . . . 9,058 2.011 11.069 6,583 3.553 10.136 7.205 3.233 10.431; 9.430 2.331 10.761 3_u11.,,. _ _ ._ 13.523 9.959 33.479 42.279 7.313 49.595 35.1555 6.464 43.119 79.1-1310,1113 119.95%

4.Gu1'a1-at . . . '211_.3-61 10.772 39.133 01.529 11.340 32.369 19.616 10.322 29,9311 3o.27411.790 42.061

5.Ha1-1:51». . _. 17.339 1.9115 19.755 27,999 2,215 30.214 26.495 2.237 2.117112 19.343 1.344 21.1137

6.Iamn:|u&K-a.lhmil' Not nvailabh separately.

1'. Hi11u1:|1n1P1-aduh -

$.K1r:1alak:1. . . 54.z4390.75151.41,99s- 35.777 3.395 44.171 31.12:! 7.715 311.937 58.155 9I.43ﬁ1.50.23c1

9.K11raIa .' . 35.739 7.1.252 6.991 15.202 110.1031.Is.405 39.61; 81.808I.2l.47I 31.323 19.647 50.975 10.3-1.~.d1.,.rnde:15 . 59.7119 111.212 70.001 43.107 9.1115 57.923 44.433 9.402 33.900 53.458 10.566 74.024 ll.M.11.l:araIh1rn . . 1.24.343 45.3ss1.09.729 63.1149 25.1117 90.666 52.450 25.434 77.13114 1.35.74: 46.791.32.511 1-2.Man1'p1.1r . . 190 116 305 209 292 501 229 324 533 170 114 254 13- Maghalaya . Not ﬂailabln. I I4- Nagaland . . 1 ' ' '. Not available I 15.011555 . . 3.214 3.776 13.000 9.544 6.434 14.9711 11.900 6,527 15.4117 11.3013 3.6113 12.491

16.P.1n1'ab . . . 31.701 14.100 15.301 44.249 17.5611 61.817 43.1175 17.678 61.553 32.075 13.990 415.0154 |7.I19.ian111an . . 46.910 11.000 57.316 7.5.084 10.087 36.111 23.438 10.365 33.303 49.456 10.7213 613.134 1a.31'1du'111 . . Nil l9.'I'amilNadu. . 55.1118 40.573 95,4915 43,6511,93.57112.37.229 43.19.13 1.93.111: ;.35.370 56.281 41.074 97.355

20.TI'i|71u'a. . . 1.7138 257 1.965 1.023 180 1.203 1.0111 152 1.1711 1,713 1115 L993

1|-UttarP7nc1ul1 . 1.15.1594 35.168 1.50.1152 125.259 47,7211,72,9s0 1.27.1157 44.353 1.72.711: 1.13.031 38.c361.51.152 22.719.-.11 aanga . 1.04.175 1z.215121s.490 15.300 10.231 56.046 36.532 3.940 45.272 11.3.7s123.5131.3-7.2.1.:

1' UNION TERRITORIES

1. A -9' N Island: .

2. Arunachal l'r.1d¢sh Not 11171111-.1b]g gapgmtgl'-,-_ 3» Ch-andinarlx - - 642 1.093 1.735 510 1.704 2.210 420 1.541 1,951 7311 1,153 1.990 *-===..=1.-...:* 9:"

5-D.-.1155 . . __ . Ni] ,

6.Goa.Dam=n&Diu 1.1195 .131 2.125 1131 163 994 655 I63 323 2.071 225 7.297

7. Iakahadwaep . 26 I6 42 I5 237 232 _ 17 2213 :3-1 24 33 51- 3-Miionm . . No: an-ai1,p1e 111119.111-51:11-.

9. Pundieborrr . - 305 502 1.307 1.915 -1.237 3.102 1.741 1.245 2.935 979 544 1,423;

'1'o'r.u. 3.37.971 4.14.29.112,s2,21s5 15.55.13; 1.5.1.1:-1551,-1121.217 6.19_s.1.1 1,5.1,3;g1_313,9-.3 3,1-3:,[,};1'3_T,ﬁ3_'..f_5'3 .

TABLE XI General result of 'n-inf of Civil Cases in Small Cause Courts on the original side during the year 1977 ~|.n§I%;£}c:';tzt:_.'U;i3n Pmdencyas m I-I-I971 lustitutionIluringl9'11| Dispgaalduring19?'.? Pendencfasoniil-I2-77 Ragular Misc. Total Regular Misc. Tonal Regular Misc. Tomi Regular Mu's¢.'1'otnI luilz cues suits canes _ suits cases ' will case: 1' ' K 2 3 -1 5 6 T 8 . 9 10 I1' 12 13 z. \1I5.1r.1I'.-112311 . «L21: 5.209' 5.420 2.149 :u.262 I2.-I11 2.059 9.37: H.460 L27! 4.100 i.3'1l

2..unm . . . '- _..._.___,,Nil __

3. Elihu . . . 20.917 38 20.955 4.916 59 4.915 3.391 33 3,414 11,442 '64 11,506

-I-.Gnil1'at . _. . 15,590 4330 2{l.32G 9.2.53 'L654 1690'? 9,195 3.027 H5222 15.518 -1.35? 2,005

5. 'Elarnna . . __.,..____._Nil____._.

6. HimI.chu1Pr:v:Io3h . .,.____._NoI Available Scum-atc1y____r___

7. II-ninlnk Klnhmirl . ' .._..__!'_loI §.\rﬂi1abie__-_._ a.Im-nlnh . . ._._..._.NiL_____ '9. sum . . .._.__N:I I0.M2Idh3lP1-adalh 3.570 1.699 10.260 16.635 2.502 19.137 16.512 2.503 :9,uI5 3.593 1,539 "L332 H_ .V[1';1r1shtrn . . 51,694 15,023 77.71? 2.2744 24.936 )4-7.'.|'3<D 12.5273 26.2.19' 43.792 51.865 24,793 75,555

11. Hlnipnr . . . ..._ Ni! _,,.

I3. Meghalaya. . . _--__Net AInIi1Bb1:_._.__,, 1-l.NagI1sn:1. ' . . _.____Ni1_...,..._

15. Gram . . . 1.033 7 wuss 2,412 it 2.443 2.420 32 2.452 mm 6 1,935 l6.Fun1ab . . . 251 4'7 293 424 2'! HI 1146 35 331 329 39 353 :1'. Rmjastban . . 1.396 1-H 2,040 1.519' 17'! L690 L633 152 . 5 1,732 :63_ L9': |a.Sikk1:'n . . . ____....N:'l_._____ .

19.Tami1N'adu . . 3.154 .. 3.l54 5.63:5' _ .. 5.4!'? 5.083 .. 5.083 3,483 3_4a5: :0. 1':-lpnra . - - . ---------N='i--------

2I.ULlarPrn.1gah . 23.535 3.283 26.Sl8 26.233 'L251 33.4.90 11,5", 5_ae4 23,135 27146 4.375 "'02: :2.w:'ua=u;aI . . 6.573 107 6.730 3.611 271 2.333 2.995 2.09 3.195. 5,194 17, 5.469 UNIONIEIRHDRIES: ,

1. At N Island: . HfL.._.H_.

2. Ar:1uacl1a.lPra.deIh . ' a..--_..Nnt Available Scpamu=.ly___F___

3. Chandigarh . . .__._._ Nj_1_...____

4. Dada -I'. N138! I-In-eli _.._.,.._.No:Kvni1n'h1eaepara:e1;.-_ _h

5. Dalhi . . . 2,_39] [.798 4,159 LIST 1.365 S552 3381} 1.413 5,893 1.G9R 1.745 3.843 s. on-.mmn&niu. . ' ,__,, m:__.__.

'.r.1'..a.knhn-c_l\iBﬂP . . ' ....*-Ni1__--_ a. Museum . . ------»---Noi A-ailable separnI=l:'_._.___

9. Ponﬂchiﬂar . - Ni|_..;

TOTAL . . 1.16.320 41.176 1.17.995 97.500 55.591 1.33.091 97.334 5.5.551 1.51.99? 13,t:su.a 421041,-1-9,09.

A 74 TABLE XII General Result of Trial of Civil Cases on the appellate side is the Courts functioning at District level in ' 1977 Name onhe Blue 'l'O1'A1.ln1huDiniw IaJ,|'-Q1 1 '.110 l.'3J.ﬂ32 |.l1.9U| Tomi! 3.05.96'! Mk Mlmliuseuuu Ammln.

1'¢ndencygn:|--|-|9'r,r lnstitution€[\Iring19'i'7 Dilpqnldu-r1'n_g 1977 Pe.r1denc}an 3|-I1-7'.' $25.. .'::::'.:: .':".:m.'-"°*" ':.'.::::-.. 1'.?::;".*.' '.:.':'.:.~..?"F='*-' I 2 3 4 5 6 7 S 9 10 [I I2 13

1. .-trldhra Pradosh . 7.991 4,315 : 13.319 §.1'l5 5.724 15.439 7,821 6.329 14.156 9.381 3,720 13,602

2. Juan . -. . L431 3!? [.370 7 23 133 1.31] 338 298 1.136 1.566 4'!' 2.lH5

3. Iihu . . . 11.111 2.331 H.005 5.619 2.31?! 10.991' 3.075 2.490 10.569 11.116' 1.17.95' III.-H1'

4. aqua; . . 5,538 lens 3. 731 1.148 mus 5.153 3.351 [.304 5.'|6I 5.679 1,041 5,135

5. llsryanl . . 4.334 .349 5.033 3.459 l.I2'l' 6.596 L503 9&9 5.452 5.350 31'! 6.177

6. ﬂirnncinlfxldosh . H2 'H2 L524 L435 680 2.155 711' 676 [.393 1.516 715 2.29!

7. I. nun I: mm: --....---._.Nohl1|i1l|!l°_.._.._ ' B. Kzrnllaln . . lO.319 ﬁ.|4T I 15.956 3.253 4.503 9,151 1.228 5.443 I[.Ib'71 9.349 1,20? 14,05!

9. Kcmll. . . I[I.215 2.550 l2.,B25 3.098 3.315 11.423 _ 8.911 3.197 I2.-.09 9.46] 2,3'?! 11,839 I-.'r. Midhn Pnduh . 9761 3439 13.200 10.354 5.14'! 15.501 10.459 5256. 15'!-I5 9656 3.360 12,955 El. M; iuu.|hIrI- . ,1 7.01! 2.561 19.592 7.913 3.2I3 11.191 7.764 3.056 lﬂ.VB1I} H.245 2.718 19,963

11. Infill!!!' - . . 36 9 4.1 56 I0 16 1'3 I4 3'! 29 5 3;

13. Hugh If! . . ______.._Not AVIIInblvI..____.

14, N": nu . . -I .. 4- 13 45 Ila 33 15 49 44 29 73 Is. Otilln . L134 1.16 2.340 2.337 L039 3.416 2.219 1.016 1,305 2,29: 719 3,011 ns.l'aniab_ 5,81-I LS6'! 1.131 {-1.715 -_.sr-Ia 13.393 11.1377 2.348 13.925 5,452 1.307 7.159 g1.1u|1_su1an i.l-I2 [.136 7.373 3.150 2.93 7,623 1,61? 3.20? 6.384 6.~5I5 2,uo1' 3,632 «15.5[kI:in . . 4 2 6 ' 9 2 n 5 2 7 3 2 .9

11. hmilﬂadu . . |I).a7s1 5.931 €5.95-1. 12.496 5.937 18.433 11.235 5.513 19.7-is 10.113 45,71 ",5";

20.TriIIn1.'I . . 266 39 325 I12 86 I98 In as 254 201 52 2.59 It. Uuu Pridish . ' 1.9.153 19.105 13,353 _H.3}I 13,516 31377 .I3.I95 26.257 59.452 21.359 15.394 35,793 z2.'W'astEa_-Lgal. . 6.366 ?..H3 9.309 -'.1-"J3 1.513 II.31E 7.641 3.895 11,341 6_32_-2 g_-22. 9343 UNION TBERITOIIES L ,;a,fNIaIuda . 2 I 3 2 .. 2 2 I . 3 ; _, g z.m-nnuulrnduh . .. .. .. 2 4 6 I -I 5 1 1

3. Chandigarh . mi 125 229 I46 23: 31: nu 243 43: 57 my ' 3-.5 "Ds'nd;:'1* N": . .. 21 :17 1 so 1 53 .. :4 24 so 5 as 5_ pﬂﬂ . . . [.993 1.415 J.-I11 1.51! 1.370 '.092 [.314 2.2% 3.614 l.1I3 2,735 3,94!

6. E3..n.DuI|1nhDiu . IT! in N0 ill! 15! 416 III :11 15; 499 "5 "'

-;,1..:.u.Iuup . . I-I .. 14 a 1 9 7 1 3 .5 __ 1, I. Milena . . 63 I I'! H 11! 11! It 34 I3: 1| -1-: 54 9, Eagdiihiﬂf . . II I III 45:! :16! II: 550 I1! 3:9 541 353 94 Au

--.----..a----.-

I.IlJ.13' '.'S.l0ll.Dl.!:5 1.39.0" 51,595 1,39,-mg 'Pension! an .11-I1-I')?! in illnnr ought to In mm llqular Amunll and 1 75 TABLE XIII General Result of "pin! o1'£1vil Casesin Districtmdditional Dislriet Judges Com-tsim I113 appellate 61113 During 1119 year 1977 '4; me :)fl'1: Etna Pandaqcygn I-|-1911' [r|stilulion1{n1'In.¢!9'H ﬁﬂl {luring 1971' laden»: oI13l-II-19?? 1:=.111:-.1~.:..w' 31:1-.1 3:.+-f""'.'°--1 ......-'~*-'5 .1-.:.-..=°*-* .1:-1.11 .3:-.. I 3 3 4 I I 'I I 9 10 II II. II

1. 11331.16 1-ma-1: 4.516 113 3.464 6.610 1.1911 1.31111 3.0114 1.1194 3.39! 5.1111 In 0.136

1. .-Liam . . 2211 no 343 149 1113 :54 91 13 113 :33 I41 431

3. 351111; 4.136' 1.633 5.524 -1,331 1.515 6.401. 4,128 1.556 5.634 5.652' 1.599 1.243'

4. Gujarat . . . '4.611 3311 5.551 1.955 1.334 4.349 2.966 1,426 4.394 4.616 836 5.512

5. E111-nun . . 1.36: 233 1.145 3.619 509 4.123 2.904 5112 3.406 2.311 290 2.361

3. mmculntdnnh . _______._N1-.11 ll.-averted 3ovIn1o1x.._.._

1. lawn: a Iulunir . Nat A1111: |1la._.___

3. K9-1-nstgh 191 3.432 4.149 484 2.392 2.816 569 3.538 5.098 11! 2.306 3.021

9. Kuula . - . 1.31'? 381 3.264 3.8615 1.311 5.237 -4.561 11.453 6.0!! 3.682 I05 1.!"

1:1. 11111.,-11-1-111:1]. . . 1.161 3.139 11.200 11.154 5.141 15.501 13.459 5.236 15.115 9.656 3.3110 11.956

11. 31!)':-.-.'a.1|1£rI . 1' 11.011 1.560 19,591 1,913 3.213 11.191 1.164 3.1155 13.819 11.245 1.113 19.963

12. Manivut . . . 36 9 45 65 10 16 73 I4 81' 5 39' 3-13

13. Maglaaian . ' -------N01 IIIi|IIIl6------

14. Nuugnd. . . -----No: Roportud sqpu-IIal!-------

15. 1:11-1:51: . . _ . 1.129 511 1.640 1.311 634 3.006 1.233 101. 1,935 1.21! 493 1.111

16. Punjab . 5.661 339 1.6116 3.189 2.011 111.316 5.531 1.661 1.212 6.4113 1.305 1.1111

11. nalanhnu . . 5.1192 1,411 6.553 3.909 2.031 5.340 3.391. 1.331) 5.111 5.009 1.622 6.631 I3.3ikt1n1 . . . 4 2 6 9 .2 11 3 1 21 8 2 10

19. '1'a1n11Nadu . . 3.393 1.161 5.1611 5.612 1.2111 1.332 6.1156 2.291 3.341 3.449 1.346 3.19.5

20. 11-1961! . . . 91 II II! 14 ':9 1113 13 :1 130 93 no 113

21. 11112: 1114113111 . - 11.911 1 1.519 16.410 11.121 H.463 11.193 16.991 21.396 43.331 14.641 10.106 14.13:

11. 1111;113:113-11 . , 5.114 1.344 1.213 3.154 1.139 3,591 5.2411 1.391 9.639 5.130 1.119: 1.113 UNION 1'BRI.I1OP.!B3 _ ' _

1. 11 1: 1-1 111.33. . 2 I 3 3 .. 2 2 1 3 g ,. ,

2. Azuulqhllhlduh _.-----Not 1a;:I:1rt-ad Snﬂmtliy

3. 03:11:11,613 . . 93 125 11.3 130 132 362 111 243 419 51 111! 166

4. Kan-utukl . . -- 11' 3'1 50 2 5: -- 14 14 511 5 33

5. Dalhi . . . 9.10 916 1.336 111 2.1111 2.313 359 1.341 1-1-116 333 2.113, 3,139;

5. G33.Du1u11 1: Din 111 12:1 6011 150 156 4111 :39 111 as: 499 9 155 . an

1. uhuulnoo . No! menu s1upnn_1a1;..._..._._

3. turn: . . _

9. 1-..nd1nu-ry . .' 291 311 335 23: 146 3111 116 214 3911 333 311 an YOTAL inlhlcallnlry 33.0.13 35.735 H.319 91.625 511.2111 1.41.313 91.1112 11.1111 141.11: '1-1,55; 33,-m 1-_~g_3_--,5 'Pandas: on 31-12-1911 in 111121 ought to ba 111,,-1.1:: Annals 5.645 61111 Misanlhnocux Annual: 1591.

TABLE XIV 11% 11:31:21 * ~. in: Civil Jldgesfsub-Judges Courts on 1211: appeiiaté sisle 15112 3113511' 1977 ?'en1Iuu-:y.;.n :-1-111-1'1 [:11 1111113.; :1 during 191'! 'D'i|1'.1o:n1¢h1riI1g19"1".|' Pendencygn 31.1 2.151 1":

3'; .'.L'--','-'L-'1)i-.'.-1'! Rﬁgular Misc. T131111 Regular Mile Tolil Ragnlar Misti Tninl Regular M_'11-..I'-'. Tonal Appeals Appeals $11}-pva1sApPh1| A::peI1uA1:pp1:a1s Appﬂals Appeal:

' 'E 1 2 3- -1 5 -6 _ 1' 3 9 to H 12 131 1 3-JTB 3.4'.-"J -',S'~3 1.105 3.534 6,639 1.323 4.235 15.0511 4,615-E1 2.776 '.|',4'.'1'a

- 2.2.53 2:1-3 :1: '-114 283 1.13511 741 2.10 961 1.286 332 1.5:':

,3 1 ~:_,:s,~ 1.19:1 1.45: 1.7.1: 31:." 1.595 1.95: 934 4.335 110,114' :,1;19- 7,193-

-LG:;i:1r;1I . - - '5" £51'. 1-173' -133 32! 894 .191 32%} 3'5? 1.903 21.1 1.214

5. Hmrana . . . . 1.521 3156 1.111151 1.5150 an 1,461! 1.599 4-11' 2.045 '2.'J'.r3 5:11 3,310 6.1:Ii:n1:=:~.;11P1-I114-.21 . , Hui Rlparled Sep8rata13.- I 'I. llmmu E Kgshmir . . ' Not Auilablc.

!.I.|it_ntal::1 . . . 10.012 1.1595 11,11'! -1.174 2.111 6.335 5.6153 1.911215 1.573 1918 1.901 11,029 !'.K{uu11_1_ . _ . . 5.398 1.663 1.561 4.232 1.954 15,135 -1,351 1.1144 5,195 5,719 1,513 -1.352 1o.MI.d1ai?taf1=3I1 . ' - --...___..'....., _ . . _ n ..._'_._-..,._._._

11. Halnuihkn . . . .. 1 1 .. N11 .. .. 1 1 . ,. 1.-.-'11 l2..NC|1Iip1|r . - - - ' ' .----------»------.------.-_-..-»--._.... -- . _ _ . _ _ _ ___

13. Mglhalayn » - . No! A1'a1'FabJ1: -'~----*---------'---------- ----------~--+-... 11-: h'.a1_:11a:ud' . . . ------~ No1 R-e1>nrte-1i Scparnleh 15.01-113.2. . . . 1.11135 :15 1.2111 1.155 _ -H5 1.470 9'-'11 '-F4 1,3111 1,5214 221-1 1.31111 .4; 'P;-1.1119111 _ . . . 1.151' 5115 1,7175 2,4111 _ 5:11 2,937 1.1'.-11 11'. 671:1 4.? g 491,:

;;r,a_ajag1:1.-m . . . » 1.11511 :65 1,315 '1..'141- -141': 1.7118 '.r83= '-:_'_=' 1.112 1,110; .1515 1,991

1.~:,s1t§:.1m. . . . -_...._..__.___._......_......._- ,...,.*-r._.__ - .,- _ _ A , l.,1 _ __ _. . _ , __ _ _ , 1'=.l'4.ru.1I_71l.1du . . - 7.-364 3.310 10.194 1.184 3.111 1E-.6I311- U19 =2-.1: 11.-1:11 5.5-115.: ;~,;'.-_-1 9,:-54 :(3.1'n'.ﬂu1'I . . . 1159 -11 2111 .111 ' 51' 95 98 5.'. 154 1119 -12 151 1,1. um: 'r"-sea'-_.=:11 . . - 5..-141 6.5116 12.108 1.1114 3.0113 10.187 6.204 111.513: 4.331 11,142 5.25 ::,113r- 21.111511 Blnyal . . |.ﬁ-92 399 2.1191 1.1149 -1.34 1.43:1 1.199 51:14 1.1113 1.542 329 1.1171 UNION '.l'ZIl.'EITD'B.Y

1. .1111»: 1.1m1,. . L , ......._.._._,. _______________ _ _l__ 2- Amnnﬂtml Prmiaah - -- ' ﬁn: Availalﬂc S'cpa 1'iI1E1;1.- --------------------.--..j____.._

3.c'.11n1:dig.a11-11 . . 15 .. 6 115 .. I6 12 .. 12 111 m 4,D;T1ln I Nag-at Hﬂfcii __.---_--._~_..._.__,.........._....__..-.... _. ...._ ._._- _ - ., .. ._ _ , __ _ _ _k ' 5 131.1111 . . _ _ , 1.93: 56131 1.1135 745 -159 - 1.214 495 " 413 991; 1.12.5 5111 1,941 ,1$.1'&on.I)nzmuID'm - ----- ------.-----------------.---»--a---.---._............-....-......_...-.... H . . . . . _ _ , __ __

-1,L.1:.11=11'weep . . . 14 ._ 14 s 1 9 7 1 11 1:1 .5

3. Erliﬁafaul . - - o 7 Na: Availableﬁepnmrgly _.__..

9.Pn.n4l¢l11BI'l'f . . . 15 33 1511 35 13-5 1-12 135 115 151 15 14 119.

'roT11.L1ntneC.fm1111rg- . . 31.243 33.8?111'2.l1S19.§é2 18.994 58.651? 41,965 21.722 52.533 49,317;-53,145 671,993 rrondm; on 11.12.1917 in am: ouglll so be:-.1:1515 Rs1gu.la}'1,!jS _.'lU.1E;ne11amg11.y .1.-,~m1.s, ' =1 77 TABLE I Table shalﬁilginslitntionnddisposll 1iII'ingthedﬂ11[nartel'u!ding December. 197'! and disposal as percentage of institution during the 4th quarter of 19715, 1st, 2111], 31-11 and 4th quarter of 197? in the Smian Corn-119.

I 0rigin_11i---3 Appeals or 5 Revisit' ns Insti11.1- Disposal Disposal as percentage of institution during Nam: 11-!' Siat1:fUnio-n Tcrritory tion during ' during quarter -11h quar- 131 qu11r-- 21111 quar- 3rd qu.1u-- 4111 quar- quartcr tor of ter of ter of 11:: of ter of 1915 1911 1911 1911 1911 U} (2) (3) (4) (5') (F1 {7} (8)

1. 141151113 P1951511 -1,1142 1.1111 99-1 91-2 113-3 911-1 105-1

1. 1|1.s3am - - - - - 322 233 15-0 13-3 33-0 32-5 13-9

3. 1311141 2519 1,513 3-1-0 35-1 33-5 19-3 52-5

4.'(}uja1-at . - - - - 505 554 90-31 99-2 123-3 311-1 .103-1

5. Harynna - - - _ 113 1-2-1 1-5-3 53-3 140-1 114-9 101-5 5.111113111311111 Pradcsh - - - 99 102 91-4 55-9 120-3 114-5 103-0

1. Jammu 31 Kashmir - N..-'1. 11.4. 91-1 [35-5 11.5. 19.14.! 1-1.11. 1

3. Icamatai-ca - - - - 352 311 114-1 911-1 113-9 123-2 151.1

9. Kemla. 4211 4*-2 1111-1 102-5 511-9 114-2 112-4

10. 111501195 Pradcsh 1,399 1.951 99-5 110-1 1112-1 91-2 103-3

11. Maharashtra - . . 1,253 1,259 lI3-9 101-9 I119 92-? [00-5

12. Matiipua" - - - - 41 29 14-3 95-5 95-2 104-1 [595

13. 11-1.-1311111111-a 11.4. NA. 51-: 32-11 1-1.4. 1-1.4. 1~11..a., 14, 1353515511 25 10 19-2 120-0 101-4 15-9 1511-2

15. 0:15:11 - - - 355 313 100-0 105-9 11-3 59-5 93-:

15." Punjab ' 1,1140 1,1102 114-0 113-9 110-9 91-3 95-3

11. Raiasthan _ 1,320 1.124 315-2 101-1 91-4 13-3 35-2

13. 3111111111 - - - - 12 13 31-5 91-1 30-0 33-3 103-3

-19. 1511111 Nadu 351 152 113-3 100-0 511-9 112-1 311-4

20. 1111111 311115311 - 13.934 14.111 1.'-1 33-9 94-5 100-4 102-3

21. T1-ipura - - 42 19 92-3 1118-1} I-14-1 135-6 115-1 2;». was; 1153351 532 131 91-4 91-3 105-2 109-2 115-1 UNION 133111103153

1. 11.. 12 1-1. Islands 5 4. 55-1 20-00 100-0 150-0 311-0 2.1111-1.11.11-.-1151':-1111151111 - 21 3 51-2 53-5 92-3 100-0 33-1

3. Chandigarh - - - 12 15 11-3 53-2 92-3 150-0 125-0 4.1351115 11 Nagar Haveli 4 5 300-0 511-11 150-11 ' 133- 3 125-11

5. Delhi - 315 301 109-4 125-3 141-4 105-5 95-5 5.13-:15, Daman .3; Din - - 35 33 100-0 193-3 15-2 120-5 91-1 '1. Lakshadn-uep - . . . . . . . . . . .

8.111/Iizozam - - 105 25 91-3 200-0 29-5 13-5 ' 23-2 A 9. Pnndichmry 11 11 155-5 90-9 59-5 100-0 1011-11 TOTAL in 1he'c1J11ntry 23.145 ' 21,433 91-9 95-5 91-1 95-3 9-1-5

5...-.1ss"L.11.15.11~.--.:.;.1-1-1 78 TABLE II Table showing the number of courts available for criminal work in Sessions Courts, disposal in units ad average rate of disposal per Court -during 4th Quarter of 1976 and 1st, 2nd, 3rd and 4th Quarters of 1977 Number Disposal in Units during Average rate of disposai per court during Name of the State} of Courts Union Tcm'tor)' available 4:11 -3rd 4th 4th ls: 2nd 3rd 4111 for cr1'mi- quarter quarter quarter quarter quarter quarter quarter quarter na] work ofl9T6 of 197? of l9'.I"1Y of19'.-'15 ofi9T1' M1977 of]??? ofI*)'1'7 1 2 3 4 5 5 7 3 9 111

1. .A11cIl1raPradcsh - 32 793 754 1,101 25-1 19-5 111-1 23-5 34-4

2. Assam - - - 9 229 2110 233 32-15 23-9 25-4 31-1 215-4

3. Hihar - - - 97 1,754 2,557 1,513 ' 12-3 22-3 25-3 25-3 13.5

4. Gujarat - - - 22 2 553 1513 554 29-4 24-5 22-5 29-2 29-7

5. Haryana- - -, - 14 2117 231 ' 729 41-11 47-1 70-6 33-11 52-1 6.1-Iima1:halPradesI1 - - 3 1711 43 1112 43-6 317-7 311-7 21-11 34-0

7. Jammu .2 Kashmir - 1-1.4. 110 24.14. 19.4. 15-7 15-11 7-1.4. 1-134. 1~:,,7.._

3. Kamatrzka - - 15 422 477 377 12- 4 22- 5 211-2 23-1 25.1

9. Kerala - -- - 15 435 491 472 2-3 29-3 17-11 23-9 29-5

111. Madhya Pradesh - _ 73 1.732 2,172 1.951 '25-5 31-3 24-5 31-0 25-11

11. Maharashtm - - 55 1.5311 1.519 1,239 25-14 29-5 21-6 23-0 22-9 12 11.1anipu1-- - - 2 25 45' 23 13-0 2' -5 25-5 22-5 14-0

13. Meghalaya - - NA. 115 NA. 1-1.4. 3-0 4-4 A. NA NA

14. Nagaland - - 5 19 317 70 :-2 .:-11 ;-3 5.0 ,4.,,

15. Orissa - - - 211 3153 395 373 14-0 11-3 11-4 13-3 13-9

15. Punjab - . . 213 922 933 1.0112 57-15 51-1-1 47-13 49-; 50.1 17- Raiasthan - - 39 249 1,139 1,124 39-3 33-0 _ 35-3 3-7 33.5

13. Sikkim - - - 11-5 33 1 13 (15-11 44-11 32-11 2-1; 25.0

19. Tamil Nadu - - 211 939 973 752 57-1 34-9 311-0 155-2 *7-.5 2']. Tripura ' ' ' 4 H4 30 49 28-0 27.3 21.3 2 _,.0 2,3

21. Utta: Pradcsh- - 293 4,691 15,127 14,377 2:-1 39-4 57-1 24-4 _-,-0.3

22. West Bengal - - 43 7112 1.5410 731 19-1 22-6 24-1 23-3 15-:

UNION TERRITORIES

1. Aulﬂlslands - 0'5 2 5 4 4.0 3.0 5.0 }2_0 $0

2. Armwchll Pradcsh 3 9 12 3 2.2 1.3 H M M

3. Chandigarh ~ - I _ 14 12 15 14-11 35-11 12-11 12-11 15.0

4. Dadranizhlagar Havcli 0-5 3 4 5 __ 20.3 5.0 3,0 m_0 5- Dd" ' ' ' I3 420 . 396 3111 39-11 35-2 311-2 33-9 23-2 6» Gm.Dnman&Diu 1 33 53 33 33-11 37.9 32.3 53.0 33,0

1. Llkshndwev.-.p 1 __ __ H 2_0 U H H

3. Mianoram 2 493 :1. 25 493.0 3.3 4.3 NM 1.5

9. POn1di:bBI'l'F - - I 14 16 1'; 14.0 5.0 2,3 8%} "_D 1'°T"*'"""°'3°""*'>" 7°1'5 17.777 311115 274311 25-3 -.775 35-5 4411 or decrease during 4th quarter of 1976 and 1st, Znl, 3rd and 4th quzu-1'ers of 1977 79 TABLE'. III Table showing peldency in Sessions Courts on 1-1-1977, 1-10-1977 and 31-12-1977 and rate of inereese Pendency as on Rate of increase or decrease in pendency '3/.agc in-

during crease or Name of the Statef decrease in Union Territory 1-1-T7 1-10-77 31-I2-77 4th 151. 2nd 3rd 4th pendency in quarter quarter quarter quarter quarter the period of 1976 (£1977 of 1977-' uf19T? ofl9'1"7 from 1-1-7'1' to 31-12-77 1 2 3 4 5 6 7 8 9 10 I. Andhn Praejesh 1,064 934 E75 --- 0,1 -- 0-1 --]0-S -- I-5 --- 5-3 ---I7-8

2. Assam 1,572 1,752 1,336 + 5-0 + 4-4 + 3-2 + 3-5 + 4-8 +16-S

3. Bihar . . . 17,275 18,766 19,732 + 2-0 + 2-3 + 2-4 + 3-7 + 5-1 +14-2

4. Gujarat . . . 917 S92 842 -1- 1-0 --- 0-6 --19-3 +19-9 --- 5-6 ---3-2

5. Haryana . . . . 1,226 1,355 1,3-$4 -1- 0-3 -1-18-B -- 9-3 -1- 3-1 -- 0-8 + 9-6

6. Himachal Pradcsh 378 407 405 -3- 4-1 -1-15-1 -- 4-6 -- 1-9 --- 0-5 + 7-]

7. Jamrnu & Kashmir . NA. NA. NA. 'NA. NA. NA. NA. NA. NA.

8. Karnataka 798 563 633 -- 6'3 + 0-5 - 5-4 --12-6 ---- 3-8 --2(]-{J

9. Kerala . . . . 518 619 567 -- 1-3 -- 2-3 +34-4 ---- 9-CI --- 8-4 + 9-5

10. Madhya Pradesh . . 3,039 2.900 2,837 -'- 3-0 --- 6-6 -- 1-6 -1- 2-2 _ 2-2 _ 3.2 n_ Maharashtra 3,264 3,192 3,135 -- 6-9 _-- 0-3 ---- 5-1 4 3-9 _ :1-2 _. 2.4

12. Meshalaya . NA. NA. NA. NA. _ NA.' NA. NA. NA. N.A.

13. Manipu: . . . . 45 4'! 615 1-1-25-0 -1» 2-2 +14-3 -- 2-1 +404 +45.-,1 14, Nagaland . . . 32 85 41 4432-2 --.4-9 ---- 3-6 +10-5 -51-B _so-I}

15. O1'isse- . . . . 1,147 1,243 1,255 --- 0-1 -20-4 + 7-9 + 3-4 +'0-5 + 9.4 15_ punjaﬁ , , . 1,669 1,550 1,533 ---12-0 -- 7-5 -- 5-2 + 5-0 + 2-5 _. 4.3 1-;_ 33335111311 3,167 3,493 3,695 -10-4 -- 0-6 -|- 0-9 +101 -1- 5-15 4.1.5.7

123. Sikkim . . . . 54 62 60 -1-10-2 + 3-7 + 7-1 2'» 3-3 -- 3-2 +11-l

19. 'rami1Nadu . . . 715 309 908 -46-') Nil +28-5 --12-O +12-2 +3-;.g 23' Tﬁpura EIG 153 151 + 3-8 -- 5-6 «-12-? --lI-2 -- 4-4 --30-1 1-l_ 'Ut13_g}'-'1-adagh . 32,924 36,341 35,948 + 4-2 -f- 2-] + 1-3 --- III-2 --- 1-1 + 9.2 :2. was: Bengal 3.315 3.143 3.1119 -1- 2-5 + 0-3 _ 1-9 _. 3-9 -- 3--1 __ 1.. UNION TERRITORIES :

1. A. & N. Ian-11; . 4 6 6 1-111 +7541 +14-3 -25-o +501,

2. Aru1:1a.cha1Prade<1h 37 -L1 55 +10-E .. .. +;14- +434'

3. Gmndigarh . . . 19 23 20 +18-8 +36-B + 3-8 -14-8 15- + 5-3

4. Dadra & Nagar Hayeli . 7 '4' 6 ----22-2 +2E- 6 ---»ll -1 ---l2- 5 -----I4-.'-1 --I4-3 5_ 9.11,. 1,032 330 344 _-- 3-2 -- 9-3 _--12-9 --. 2-3 + 1-; _22-o 5, Goa, Dan-1a1:1 &Diu 165 I24 127 Hi} -25-5 + 8-1 --- 618 + 2-4 -23-0

7.Lakshadweep. . _. .. .. .. .. .. . .

'8. Mizc-ram 177 I93 281 +22-6 --- 2-8 +18-0 ---- 2-5 + +58-8

9. Pcndicherry . . 14 21 21 -215-3 +14-3 +3]-3 . . .. +50-0 + 7-! TOTAL in the Country 74,941 79,516 311,333 + 1-3 +'1-1 +0-9 + 1-3 + u-9 80 TABLE IV Table showing institution and disposal of cases during the 4th Quarter of 1977 in the Magisterial Coulis and disposal "as percentage of institution during 4th Quarter 01' 1976 and 1st, 2nd, 3rd and 4th Quarters of 1977 Iuililutiou during the 4th qnlrtnr of I9'.P'1' Name DI' the S1310} Djlpolll during the -ith D' 1 11 cal" 1'1 1'

3.... "W ""*1':.=.'1'..: ' 1 Union Te|'l'i1Dr:-- Police Complain! Tutll Police Complain! 7.5111 4 111 In 2111:! 3111 4.1T Clnllﬂns cases Chnillns cues 'qulru: 11331417 31:7 311:: narlc I ' M19160 1977 1977 01977 1977 1 2 3 4 5 6 7 B 9 10 11 12 l.Ar1dI1r1:1 Prqduh - - 151,527 2?;-15 91172 65_499 1s_153 93,652 103.9 99.3 94.3 101.9 _1nz_7 '2.An:1:n 11228 12_a49 25_077 71190 10.590 17330 91.1 77.1 33.1 39.7 .,-,_3 3.1211111: - - -. 33.523 t9_4s0 52.973 23.113 1774: 45_ss6 31.5 155.5 107.0 100.1' 35_5 11.01.111.111 91.7111 1.41.427 233.155 537160 173.6115 2.67525 90.5 37.15 113.3 91.7 "M, 5.1-Iargr-1113, 11.775 Z-4?-J 11145 111117.,-. 2.199 IJ_3?8 95.7 101.3 93.7 94.0 101., 1s.11;111.=..-11111-111111.111 - 2-315 1,799 4.114 1.905 1.023 1.953 91.3 93.5 32.0 100.5 9"

7.3.1511-nu '& K.-1..-1111117 .. .. .. ,,. __ 98.4 115.0 N.A. NA. NIA 11.1-Lsuuamkn - - - 56,-Jlcl 7 973 51.0111 517-16 7 114 50.190 97.4 95.5 91.5 99.7 92',' u'I.Ke1':1ln. 33,9171] €'!.']ﬁ:7 52-,'I?.:1 '1-1,111 1:333 .1.3_394 11114 1U5_5 10¢: 97.9 9&9

11). M:Idh1nPrndcsh H341 11.941 11733; 71.1.7.7 11,942 s4_217 103.4 143_7 91.3 951; 865

11..|.-['1h*11-351117.: I_'.1$_i}115 57150 ];37'22F1 I".|'3_195 5.5'.5-1-0 '£93965 96.3 -107,4 111,5 121} 9&9 13_M5n1,.1.1- 242 796 1.11311 479 331 3150 142.3 21.6 69.11 120.8 313 I3.M:g1uIa1ra NJ» N-A. N.A. N.A. N.A. N71. 66.0 122.17 N11. N11, n_,1_ 1-1.N.1g11:11u 173 I7 239 294 :14 703 101.2 54.1 53.1 1111.9 106,6 l5.C7:Ess-1 * ' ' 15.7119 111.347 17_63s 13.105 15.557 31452 110.2 253.5 13,5 150? SL3 15_pu1,jab . 17.502 3_445 21033 16,554 17-53 20320 113.0 1.31.', 75.3 95.1 9&6 I7. Ruasihcln 11356 16.937 46,3133 24,691 ::o_I10 44_3o1 1111.4 94.1 191,3 39': 95'';

J8.Sikkim1 - 4:7 .17 456 1.077 59 1,115 191.5 '3"; 95,2 .,,,_3 "L7 i9.TamiLNndu I-91559 35_432 2 3SI10I I'-:)'3_3-i3 lz_342 1.51.635 105:; 99,5 1;5_-1 E03'? '07.! 1-:1.'r1ip-.1r: - 3.305 971 4_175 11_'7uB 910 17.113 157.11 102.3 116.7 124.15 233",

21. Uttar Pruduh L0-3.313 71.1.12 1'7}, 345 1_1Ji'S4-0 '1'S_-G26 1'J'9I'9S6 113.3 91.9 96.2 97.3 "NA 2; 'J1.|':;1a1n_;_1| . 1 31,310 27691 1.12.031 111501 25.51"; 1_10_320 35.9 97.3 117.2 72.17 9&9 UNION 'rE11.Im'OR1P.s

1. A. _~1.1-1111:1111 - 1_333 117 1.150 1.533 615 11,04 93.1 111.7 135.2 161.0 "(U5

2.A1u1.3s:-1aI 1-1.1113111 H3 St 195' 133 2-5 159 94.8 113.4 135.0 67.3 79.9

3.-Chandigarh - - ; 2&4 B1 235 .32 101: 19.1 39.11 1113.0 34.3 31.0 1113.5 4 .1).1c1~1-a Neg: 1151311 . 90 4 '34 123 5 " 123 71.9 190.17 123.3 190.3 1354 5.1321111 - - M31413 32.32; 1,417.15 gm,-4 2121267 1,1s_<141 73.9 71.7 115.6 132.5 33 5, 13.1%": '--'|H'n~1n.S': 13111 - 9'5 1201 1.120 1070 1711 1.141) 3746.; .3921 335_G 3"_9 new

7. L11n1n0w=e,, . . . 11 2 13 5 .. 5 566 7 35.7 511.0 66.? 53.9 s. Mizaram W7 15 215 H9 I'! 163 311.5 15.? 115.2 1;9.1 734

9. 9D1l'iJC-.'l¢1'r_'{ 3.31] a_r 3 34,13 4.062 91 4,153 125.11 104.3 |u6,[ 95;; w5_5 'R5111 1011117 C.1u.1tr_-7 11.-13.100 4,59.;1;61$;33,436|1,o7_611 536,525 16_34_136 96.4 109,5 103,3 1004 91,', 81 TABLE V 'hue showing number of Magisterial Courts functioning during 4111 Quarter of 1911 26.11 an-rage me . oflllspoaalpaﬂuurtinuitsonthe laasisofﬂimedevotedbycourtstocn-iminaIw0rtdu'i11g lthquauter 'of1976un1lIst,-2nd,3rdan&4thQnrtva1s0il977in ' Coats. - Dnvosalof...

{1} onerolloeclnllan or cgmpllint 053635116: rull 11-ail . . . . . . . . . - 1 unit

(ii) 213 Police Clnlllnﬂnea by 1.-oceiving nnd acocpling FRJFF, Ctmpcutnirg or 11111116121121 . _ .-- 1 uni:

111;} 11; ca.-nplaintaueg bydiamilsalgbunu of0omp|a1'nt.com13ounding or 'Wili3dl'a.W|l .. 1 unit

(iv) 10 paling ca-1a lalnuf Ggunpllintclaea by committal to Susliom Courts -- . . . -- l unit (u) 50 Uru.'.antealed.Pol1'¢e C1101 an or complaint case; .- . . . . . . . . . _ 1 am':

-- 1 No. of .DiiD._}!3iiD 13.13.31! during Average rite of dispogl-1 per gum: in . couI'|.I E 1. 11 ﬂvailnblc ....._..-- ________________________________ __ 3:3: %e:rifn1'§f"": for - 411: 131 2111:! 3rd 4111 4111 In 2nd 3rd 416

-imiual quarter 1133110: quarter quarter quurtcr quarter quarter quart: 4] Inc 6111 1 "L911: .,r1916 ..r1911 ..r1911_ ..r1911 ..r1915 01.9.77 0l'19'7'J' or191'1 $'r191'1 ..1'1'11'1-5 I 2 3 4 5 6 7 B 9 10 II 12 l..!m.ll1raPratlnIh . . 114 13.151 11.425 12.1112 14.015 12.145 14.3 62.4 61.3 12.5 66

2..-X15311: . . . . 53 2.954 2,143 1.135 1.302 2.423 513.6 50.0 39.5 51.4 4,'.

L Bum. , _ _ . 410 11.159 15.319 13.452 15.952 4.465 22.5 '43.: 34.5 42.0 23.1 .,_ gum... . . . us 33.422 23.674 23.303 25.032 21.552 251.3 211.2 113.9 210.0 135.2

3. 11:11.62 . . . 41 1.309 3.305 2.1130 3.124 3.331 103.4 105.6 31.3 31.; 94,-;

5.u1m1c1.a1 111144.11. . 111 156 1.063 I 190 131 10: 42.0 59.1 113.9 43.3 53.9 L 'mm lg K,3m;,._ . H.111. 1.121 5.114 11.14. 1~1..4.. N.A. 192.5 154.4 14.2.. 10.1.. .._..'_ a.E'.n1-natah. . . . as _ 1.609 6.198 6.152 1.142 1.143 65.0 10.1 69.5 11.3.9 31,:

9,|{a1-all . . . . 10'? H.552. 11.710 12.525 H.137 I3-.IS'.? I3I--4 [23-5 123.8 111.4 133,0

10. Midhyafradggh . . 121. [L732 -20.452 13,130 16.335 13.7155 91.? 146.1 9; .3 111.1 514 "_ mhnwn . . . 330 33.065 34.600 33,169 31,369 24,130 114 .4 125.3 102 .9 u1_3 'L5

12. Manipu . . . 4 130 94 _ 121 116 142 36.0 41.0 30.3 44.0 35.3 1,. M,'h,m., . . , 11.4. 115 11 11.2. 11.2. N..-K. 61.0 10.1 14.21, 1q__4._ NA H_N",1".. _ . . 15 311 as 113 140 93 15.1 4.2 5.4 5,. 54 !s_ om" _ _ _ . 120 5.530 14.153 5,241 1.166 5992 63.1 132.3 50.7 49.4 -49.9 14.21.3130. . . . 15 5.493 5.434 4.246 5.112 6.4091uo.1:1 96.2 55.3 63.4 34.;

.,._.,.j,,..,... . . . 192 9.300 11.239 3.132 9.012 1.302 65.2 53.4 54.9 5;,-.

4.6 main", _ _ . . 4.5 30 43 140 50 46 8.4 9.6 ;-11.1 ".1 "L3 F)' rlmilﬂadu _ _ _ 13,1 13.1464 13.1154 2.1.203 34,123 34.2.1.7 159.2. 112,]! 1254) 1554 15"B m_ mp", _ __ . . 25 549 611 5111 665 1.2111 25.; 21.8 21.6 26.6 51.;

21. Ut1.l[P.1.'ild.€ll; . . 619 111.129 31.502 42.531 41.039 39,623 19.4 10.4 63.6 15.1 54... u_ w-,,.3.n..1 . ,_ . 112 3.321 9.183 9.129 25.905 - 11.607 52.2 54.1 53.3 154.2 59.9 UNION TERRITORIES I

1. 3.. .2 11.131460: . . 3 141 I12 194 111 135 49.0 51.3 54.1 59.0 31.1 2.14.-3111111111 Prldlﬁh . 5 IT 223 24 20 31 1.2 2.6 2.1 6.1 6.2 J_c_n"-.z_..h _ _ . 3 112 91 10 153 94 56.0 48.5 35.0 41.5 'M, '_D_._d,-. .g1q4;a.1-H,1vgI1' . 11.5 _ 6 IO [2 .22 15 130.0 100.0 1111.0 220.1; 5943 Lndlhi . _ . . 48 4.560 5.962 4.613 5.366 5.121 100.6 145.4 95.3 119.1 1953

6. G03 111.1111. .11 D10 . 1.5 1.118 540 336 163 .1111 159.1 12.0 44.11 43.4 42,4 1,1..k.1..a..up . . . I 4 1 I 2 1 4.0 1.0 1.0 2.0 1.9

3. Mi cum ' .. _ 3 90 1 102 121 55 45.0 0.9 12.3 15.9 a_9 9_1,",_4_i¢h,,n. _ _ . ' 6 391 239 354 401 323 65.2 34.1 50.6 66.11 533 11,131 . . . 1,069.5 2.50 022 3.45.684 226 342 2.12.559 2.1.9,E168 1111.2 33.0 15.u_ 9;_3 7.6 82 TABLE VI Table sixowingfpemlency of Police Challan Complaint uses in Magisterial Courts as on 1-1-19'T'!.-> 1-10-19?': and 31-12-1977 and rate of increase or decrease in peadellcy during 41!: quarter of 1976 and 1st, 2nd, 3rd and 4th quarters of 197'! Rate of increase. 01' decrease in Increase or Name of the 31.11:, Psudency as U" " pendency' ~'5Lmg decaeasc 1'11 Linior: T1:rritirr}' "" ' """" . pendent?' '55 1-1-71 1-1377 31.12.71 4111 In 211;: 3m 4111 a panes of ;. quart-:1 quanar quarter quarter quarter 1-1-71' to of 19% of 191"? of 19?? of197'.' of 197? 31-11-771' 1 2 3 4 5' 6 1 11 9 113 T51.-ndhra Pmdesh . 69,430 72,840 70,360 -5- 3 +{)« 3 +7-4 ---2- -S --3-4 1-1-3

2. Assam . . . 95.856 106,599 114,096 + 2' 3 +5- 6 +3- 0 +2- 6 +6"! --_ I9-0 3_ Elm, _ _ . 504,233 472,73? 439,854 -1-2'1 ----5- 5 B . . +1- 5 J -4-E

-2. Gujarat . . 425.2150 4511,5115 4i1'j,156 + B-0 +9- 3 ---s~ 11 -+ 5' 3 -4- 5 ' -2 1 5' Harwna , . 35,286 35,963 35,831) + 1- 3 ---0- 3 -1 0- 4 +I- 9 -0- 4 '3' 1- 5 :3, H1;1!;s=:11alP:ra.desh . 14,895 15,732 15313 "r'2'7 +04 +5' 3 -0'2 +1'? 1-6-3

1. Jammu 8:. Kashmir Not applicable. _ s_ _l,<.z1r1'1aLa1}1=. - - 61,983 70,313' ?5,643- +3-l +5"? -'1-'1'-8 -H]-3 +6- 8 +22-(} 9, Kerala . . . 60,119 57,934 60,580 --3- 5 --5- 2 --{3-2 + 1- 9 +4- 5 +O- 3

10. Madhya L'r3£'1r..-:51": '. 231,660 253,542 270,707 -1 - 3 --12-2 -12- S +1-3 +5-1 -3-9

11. Maharashtra. . . 121,861 605,329 613,090 +1- 'F --3-0 -4- 5 -9- 4 -i=l- 2 -15-! ll Mam", 1 13,243 20,773 20,956 ---4-4 +13': + 2-1 -1 4 -H)- 9 +14-9

13. Meghaiuya . . Not applicable.

14' Nagalamg , 36'.' 1,204 1,185 +5-5 +19-'1' +2El*-4 --3-T ---1-6 +364'

15. onssa 184,475 144,050 149,154 +4-1 ---23-5 -+4-.6 -1--1-4 +3-5 ..19~1 16' Punjab ' _ . 46,570 51,315 52,033 +710 ---054 +9-0 -i-1'5 +1-4 +11-']|' 17, Rajasshan 245,556 253,602 355,544 -:---3-3 +1-2 3-0-3 4-2-4 -- +0-3 +4-1 -

13. Sikkim , . . 1,874 103? 1,42? -~--10-3 -r5-7 +5-9 -0-4 ---31-6 --23-E:

19, Tamil Nadu . . 81,513 111,052 94,478 ---Z21-ti +33-8 +11-3 ---8-.5 -14-E? +15-9 0' Tripura ' _ , 17,396 13,'.-1'15' 7,91? -15- 5 ---CI- '1' -2' S ---5- 5 -49- 7 -----54- 4 2]. Um1rPra.desh ;. 533,59} 5'}2.,15'1' 534,536 +4-T +3-3 +1-3 +l-1 ---I-3 +9-5

2. W-eS,Benga1 , 712,112 735,131]? 756,818 +3-4 +0-6 -3-0 +3-S To-2 +6-3 UNION TERRITORIES 1_,a,&1~.11s1anc1s ' . 3,332 2,310 2.155 +2-5 --1-11 _--11-9- ---26-1 -5-7 .--43-7

1.Aruna::haiP1'adesh. 223 1119 229 -1-8 +5-11 ----15-3 +11-0 +21-2 +2-7

3.Chaudiga,,._,, 1,715 1,112.2 1,315 +2-6 -04' +33 +3-5 -0--1 +5-3 'knadm 8, Hay, 4110 2119 175 +13-11 --22-0 --..1-7 --2':-4 -153 ----55-2 Havcli. -

= D=.__,_,__, _ , _ 2-30,454 245,167 267,961 +9-7 +12-2 --4-4 ----12~3 +2-9 +2-9 Goa,'pa1-nanuﬁ-.Diu 13,164 4,073 3,953 ---66-9 -51-9 ---23.1 -35-2 ----2-9 -73-2 lmkshadwaep 15 25 33 -43-3 +6-T +37-5 +13-6 +32-0 +120-0 B-Miwam _ 7115 701 748 +844) +;1»6 ----13-5 -69 +6"! +4-5 9,1>ondicherry . . 1,1104 1,575 1,321 --41-3 -3-11 -13-9 +12-5 ---15-2 -26-8 TOTAL . .44,no.1ss 43,511,572 43,54,790 +1-7 --o-2 --1-3 -111 +0-1 -1-1 of 4th quarter of 1977 alongwith percentage thereof during the 151, 21111, 83 j '.E.--'..BI_.E Vii Table showing number of Police Chailml cases pending for want 11*.' FF;FR or charge sheet at the end 3111 and 4th quarters of 1977 and number of cases increased or decreased in the gee-rind from 31-12-76 and 31-12;}? and percerntage tizereni H.1n1eo1'1l1e irate,' Pan" ::1'1".?:1:2"-'3'n'.Tg Damn": :?1$:1°:.F?£ll.:J'FI:'°;:ul.'?:-lnfﬂﬁt 1:2;-Ecflfrnan :31'; .Jz'é:.'n'¢a Un'1nnI'e1-r'1Iary ___..----_..._......._.......___..__ an pugoantagaoflgul Poiico wan|.ofFRfFF 01' crc-Med or in t_h¢

- F131' w..n1 U1:1a1-wise Total Challnnall-Mat the and of Charge sheet d-_¢UI¢3531.1 period ofP.B.1'FF' __...__ in 11:: from or :h.ar51-.- lat incl In! «uh, on on period 31--I2-'J6 about quulu: uric: gunner quarter "J1-I2-'Hi 31-11-'-* from to oI19?'.r 1911 grain': of1977 31-12-76 11-11-71 ' 31:15-77 1 - 2 3 -1 5 6_ ('1 11 9 111 11 1:

lfAn=il1rI1'1-Hlssh H.225 2.9.0:» 16.314 45.2 +6.4 1-9.11 -19.1 26,661 27.223 +563 1-2.1 J...\snm . 24.595 3.1.1315 =,1«13 3.1.5 19.: 311.3 321.3 1.1.92.2 ?.-..:L..*- 10593 -1'-116.0

3..-31113: 1.1.414 1.12.811 '..'.'J.26:|. 311.6 Jl.8 32.5 5.1.1 119.1% ﬂu.-H4 .1215 +1.4

4. f.i.1ja:a1. . ' . 3.10 13.541. 14.2.'; 4.5 4.: 1.1 11.11 5.717 15311 - soar __E9.L.= s.1{1mna. 2.3.35 25.391 23,155 1.1.4 3.? -s' :1 15.5 4,601; 1,505 -2103 __115.a .6. I{'m=chaIPra-mt: . 1.161 2.120 1.1.1.1.: 13.2 11.3 12.1 11.5 1.;-.811 1.161 _:_1'1 .5.'

1. Iammu £1 Kashmir. Nut appliable.

3. x.:r.u1..I:a1 11.311 51.5115 .:1...115 111.2 15.0 16.1"] 1-.'v.=« 9.124 12.1-."= .~'.'-3 «-38-?

9. Kant: . . . 31.193 2.1.2-2'1 $3,216 31.1 +1.4 4». .1 dc.-_ 1.1.1119 ..:..9

10. .\-!1dhyaP1.1~iaa1: 1.5-15 2.33.5-111 ;.12.193 9.9 0.7 0.6 11.7 a.;..!: .%.'i-'.:. -73".-' -32.; Il..'\Im1rast1Il'ﬁ - 5.745 1.53.163 1.69.913 -3.9 1.13 ..; =1 4.434 14.145 +1:-_e.1 -1-so:-1

12.M.m'1pur .:.&(u -'..-.%-;16 1.71;; 44.1 55.5 311.1: 46.-. .1454; z--..=3.: 3&1: '-J-1.:

I3. Mﬂghﬂ-la;-I. . Nolappliqzblu.

14. Nagalaud . . . 6? 1.983 1.151: 3.3 1.0- :33 1.8 127 1.7 -4 a

15. 1);-ma . . . 9,1111 30.1134 8.? 5.3 9.4 3.3 1.1.17-'8 9.111; 1 '.Li.Punia|'.- . . . 1.599 '£1.51-1 15.0 z... 1.. 1.111. ;._.,=.s«-. -'1';

11'. Reiuthan . . . J4-.995 1.34.831: 3.63.375 20.4 19.3 21 1 13.6 51,131: ]-'1.51':':- .---.'._'_:v ;s.. Sikkim . . . .. 1,399 1.29': 11.3 9 .

AF ".';:1i1'.'11a1iu . . 13,664 66.16! H.325 as 11.: 10.2 11.1 9.92: l'.:1t<' 1' 1-» 11'.1.1'npu1-I . . . 1.235 45.5.1: 3.9511 9.! 11.9 13.9 21.5 1.199 1.23: e :1 '.-".Ia.'Pr.1dnsi.1 . 11.599 3.68.311 1.116.011: 5.6 5.1 5.11 4.6 ;.4.97? 17.6-' -72 1

12. '»-'1'.-.:B:n_.~.,a1 . 42.063 2.54.239 ;.9G.J-D2 11.1' ..-:.? 1-1.: 14.: 14.481: 2 -36.1 _2 .3 UNIGN 'I'EIlKlI'0BIII:! :. A at N1s'.«.nc-Ls. . 2'99 1.1:'.-1'. 1.997 21.1 2.5.. 30.7 40.11 .1 .-R +9.1 r.

1. .-'uu1:1ir.11-'=.!. ?z~adau; . '1: 1.17 171: 14.8 12.; 6.8 11 .19 2 -2 :1 -

3. "She-'41S'.q=:.'1: . . .. -214 1134 .

5.11:2.-.'.:i& N-'I33: Htnli 16:3 Hal .. ..

5. 13:13.1 . 974 1..'.;1,49.1 =.,€9.s.§R 3.: .;.1 11.1 11.'. 2...?'-'. 9?'. _ ; "

5.9511155: zmnﬂ Did. .. 3,455 1:455' 9-1

7.L3xs.':HIqau1I. . 19 3 x': ;7.'.* 55.1. 9.1.8 5.6.4 9 E: -4.11 +111 1 . . _ 32 5-1} 1.1.: 1.1.? 112.1 I1.2 " 82 --1' ---9.9 , - 9-H 1'32. @233 63.3 :6.5 79._1' 16.3 3.114 941 ".233 ...19.a t1J:'».; I-1.11.3111 ';.:.é1.-1115 21.1.6,-1'15 111.: :0 11.6 11.: 1.09.112: 131.3511 -+:§§ um---_.--'1.---.' 1 34 TABLE '(III Table showing number 01' mmplnint cases pending on 11000001 11-f aqulries 1101 00111110100 nus 2.02 Ct.

P.C.atII1eendol'4thq1m-terof 19T7[alnng'{w1th{pe1'0mtage thereoi during lat, ha, 311! and ill qua:-1ers0t'19T'J14nd number of cases increased or deueased h line period from 31-12-197610 31-12-1977 and percentage 11111:-en! Hxmmflha $10101 Com:||3in|I.'.a.'M'.$ ])BI1.dL1!| on C0:n:IIII:'nI-114-Iel 1=eI11lin| on No.oF cnlnrllim N.;.,af f/,111g1: gr U.1J.;.n Icztitarr 31-I2-19']?! I¢0ou|11ofan41ui:-1410.91 can.» catch pending on cue: in-_ incrclsc or " r§}'f§$.1'!.§$'§.ii1;.'I"§.2§.'°°""" ..'..°1"i'-.'.'.'.'.I.§'1'.f.".§".'.';'."' .:'T'.='.'.".'..'.2'.§." "°.f.'f?.§°

7.'.'."'...'.'.'1'."1::" "'" '1'-T'''':'i1T''*.1"n1''"''4'T1'.'''._ 2" '''''''' _ ":..'.3'::'1 '.'.'£.''.'.''' Inc! quhnu 111.111-nr nutter u.I1:1::r an on [mm 3|-I1-115 nunalatod o£191"1 011911 c 1911 0 1911' 31-12-'16 31-12-17 31-12-16 to uh 202 to :11-11-11' c:.1=.c. 1 31-12-71- 1 2 3 4 s 6 '.I s 9 10 11 11 I. AI=5|:1.r&Fra1IsI1 . 110 13.876 14.046 0.2 11.5 0.: 1.2 11 1111 +1.12 +3-14.4

2..u:«11111 . . . 12.6 50.32: 50.953 0.1 0.2 0.1 0.2 66 mi +60 +9u.'9 J. Ilit-I1 4 . . 2'-'.3-04 1.19.238 1.04.192 10.1 111.2 14.11 13.1 23,914 27.304 +3390. +14";

42. 1:11.111-:1. . . J74 3.41.513 3.41.1112 0.1 0.1 0.1 0.1 501 374 .._12:r ___;5 .3

5. Hannah .. . [$11 15.2115 5.4115 3.1 0.8 4.4 2.1) 363- I911 .113 _-17.7 s.u1u.:=1n1 1-11104.11 4'1 5.519 5.125 1.1: 0.: 0.1 0.: as 4-1 __;a __.¢4,7 J'.h1nn.J at lhshmir. Nu! gpplinble.

3.Knm.111h . . 41: 11.1911 11.530 5.5 3.8 3 .1 :1.1' :13': 412 -105 __[9,5

9. 14:1-an . . . 11 15.153 15.304 0.1_ 0.1 0.1 0.1 11. 11 ...1 __1s.4

10. H4-011.1-an-ad-:11: . I.3li 11.11: 33.314 4 .4 L! 1.1: 3.6 1.199 L335 +31 +55,

11. I4£II1n.1I.nhltI . . 1.15:1 1.41.939 1.45.11? 11.! 1.11 0 .l 0.9 1.197 1.23; - .5." +34 12.1-141111110: . . . .. 13.245 13.246 .. .. .. .. .. . . __ 13.1-iaghlllyl . . Hal JLVIIIIIIII.

14.H|.;Il:I!.4i . . . .. 35 15 5.5 14.3 12.: .. .. .. .. __ 15 0115.4 . . . 4.64 51.030 59,150 0.5 11.6 0.1- 0.11 444 I64 +20 +4.5 k6.Pa:li:.'b . . . 164 3.599 3,543 2.4 1.4. 1.2 1.9 15; 15.1 4.; +14 IT.'Il1j3!t|1;u:1 . . . 1.l.B:€I. 73.318 85.769 -6.1 5.9 13.0 13.8 41.934} 11.881 -1-£931 +13|_; 1s.s11:k1a. . . .. 110 110 10.1 57.1 .. .. 25 .. .15 _100.0 19 1-51011 H.111. . . 120 14.525 11.553 0.2 0.1 0.2 0.11 44 1211 +114 193.; 2']. Lrinura . . 4 2.115: 1.171 0.3 11.4 0.3 . 0.1 1-1. 4 _.1o __7, _4

11. sJ,t:1rP1.1.1:-.411 . 14.341 1.34.135 ' 1.110.526 1.1 7.7 6.8 1.: 12.141 14.341 +219-I 4.13.; :2. 'H0111 Bﬂllgll 4.5-11 4.51.959 4.611.115 0.4. 11.0 1.2 1.0 2.300 4.54: +2241 +51.-.1 UNION ISERBIIDRIES 1'.A«lNhla.1'.1d4~ . I 151 119 10.1 3.2 3.! 5,0 11 a __;3 __"_g

1.. .u.1nava1.a.IP:a1in1: . ' 59 19 40.0 2.5 .0 1.4 .. 1 _. __1 _lm-,',,

1.CJ:a,|1.¢i;IIh . . .. 931 931 .. .. .. __ __ '-4.Da1:|rnIn1'.l N.=I;ar}L11.i'e|l .. 12 12 11.1 .. t ._ _ __

5. 0:11.: . 1115 90.211: =:.1.41a;1 0.4 -0.1 0.1" 11.2 43.4 195 -139 __55,, 6,C.IaI_D.Imzn.1§D1';1 241 1.4117 1.4117 2.0 1.5 1.2 1.? :4 2.5 +2 +33 '.'I.J....'1::ha1inreep . .. 11 11 4-0.0 ,. 55.6 _ __ H 3-'M'-ilalau . .- .. 11 11 5.9 .. .. ... ,_ __ __

9. Pon11i=h.on! - - 5 53 53 5.2 .. 4.4 1.1 3 5 +3 +553

--------1-----__.__...--.._-._--._.'_______ __ __ 191.1 03.0.11 11.91.13-1 11.11.01: 2.5» :.s_ 3.5 4.5 411,592 53,041 +1419 +191 85 TABLE Ix Statement of aw-tk done in me session Courts during the year 19''}:

H3.-u¢nL':h€_'jn;J.'.e} L'..-.1J£1:;.- as .m I-L'li'IitUICin!l. duzing Di spnaa L»~durisLg Pen dcncy 1. 5 .2 u Luau Territory .-.-I9.i' Ii! rail '11: 3-ct: 1'.-'--.'.'.-'.*:TI 6;';§JaT Rev: App-51$ (':T:Fg';?a1 Rqvs- App?:Ti T)?3§Fu'E:'za'¢_»7F.'Ip'E§J3' oE?gTg31'£.?;."1;p'£;.':3 licnl Ixun non lion '| J. 3 5 6 T B 9 I0 I I 12 [3 I. .5.3a:.j.l'aI-'.:=inl=5|:_ . . 722 I-I1 I.3'="J 5,1';-E [.2Té 5-'$336 2.'?-I5 I.ElI2l E.lD3 ETE 2.5-I] 1:33.':

3,. -V-um . . . - 'n.:'."";' 3-.4 -iii l._H£: 64!! 5.33' 13} 551» EID L550 593 7513 J-.Bih1r . . . . 11,76-1 5..-34.1 13,615. 5,115 3.911 7,143: 3.2.'JI 4.790 L218 16,139 5.166 l2.5-ct:

-I. -Ci;.i:I|a.t . . . 135 an is: Lsnaa Lsns L991 L994 L354 1.9-<54 «Sun: 601 5-05'

5. Httfang . . . 553 3:9 9,913 1,221} an 13.233 1.1'): 3.53 2.107 l.m=.-J mg, 593 f-.11'.:u1e'.1al.P-"aﬁ::h . . 1.1: 115 H: 31.5 :5; 29-? '.95 2:4 :53 121 113 25$

7. J,,rnn4 -5:' K"-.1.l1In:l' . . E-(,1 appinc-4 bic.

3, Klru'J{J_?k'.v3 . . . ,=:: 455 -:51 J.'.Hu J»;-1 1.41.): l,|J':':I\ US 1,150 436 405 and 1, K,'::J|.a' . .' . . :35 55» 750 -'N3 L.-was 1.42.3 M4. I.,!-56 1.1-»: 134 tum 75.5 L13. !s-|aJ'_1,.-;:'s:--:.";;[: . . t.!=Iu 2,: 3-1 551?} 5.410 J,'n'Dl 5.2 68 5.56! 4.t[6 $.85! 1.7454 :,u75: 335:

H, _\113ar:ua.:a . . . :'.:i? [.335 ';,-u-_ 3,1.-_I I-,?':1b _'.1J2 5,913 H.435 4,715 3.3.2.}! 3,856 23:6 I1. Mampu . . . . ' 31 SD M 15'! 11'! in L39 166 33 50 53 31

13. M:ghllag% . . . Nut :11:-ah;-.a1~:c.

L4-. .*{:;:1a.:uS . . . . L' 1.': :5 Ma 2 6 15D 3- 14- 5? 11 :-

15. Oman . . ; S3.' 7&5 ':.I.J'-J? LJZI20 -593 3.3-1|, 'J36 122 |,E|3a :53; 575 L49.) [.3'?'_11j.u:.u . . . . '22-5 mag 2.702 '.-'San :.s '1 4.111 ;nsa<, mm 4.52:9 935 1:! 2,595 l7.}i.uja,1H:an . . . 195: was 1,491 LII?! um 1.164 1.390 2.529 5.555 use In; 5_mn 13 Sikkim . . . .. 54 . 2 56 6 E 52 2 1 53 4 5 H, l'4u1ii,Vf;Ju . . . -11': 252 L13! 135$: |.3_-J-1; ?,{>94 1,299 t.-Dr} 7.394 5:: 4-?:s L499 _~u.1-.-,-,,_._r_., . , . . 165 Hi [U3 :26 an 117 233 13:. 14: um. 15:, 15 .'_'.. U{|::Il.'E':1I1=s]*-_'. . . 11,113 ':9..=: 3,3-Jé :il.i$iJ- 1.nl'é.: LI.1:t 14935 7.55.0 11.935 34_;u:g 3;": 4_,|_5-;

:3. 'ans: a:a.,;:1 . . . }..:-35 -4.93 an: .''«.3'.'«-! 1.:vJ:* LIL 4..LH 1.54: 1,192 2.590 41¢' gm UNION IERIITDIIES 1_ .-4.} N 15133:: . . § .. .1 13 h H E: -I 11 5 1 4 _~_ .'5ra'sh.'..1:lE'."-,H!.Gsh. . . !-Li I 2. 57 .. I 3'3 '. 1 5.; _ 3 3_L;t,au-1;,'-Mt. . . . El 11 :1 _-'at 44 I -an 5.; J3 35 SI 23 33 4' Dz.-,.'.:x J2 Nag»-HI-wli . 3 . I 1! .'. 5 I3 2 .1» 5 ,_ 3

-5 us"; . . . . 357 :15 'I11 'I22 sun. 1,539 mm 595; 1,330 563 203 -Jun j_ﬁ,11.|Ihm.=| 5. DH: . If! 34 H' '57 I-(El 353 H3'! H3" J"! IS' 9,1, -:55, 1 Iahnadwwv - » - 1 -- » -- 3 --- I .. . .. 2 _.

3_ ﬂiwrgm . . 0- HT .. .. E34 ..., .. -Ball ._ _' 2}" 1 I ~_»' ]_l¢d_n].:'Q,;[|':l . . . 2' 14 =1? .21 ,1? Ha Eﬁ 43 134 7 9 6] T¢'_:| . 51.1' H1 *~+ﬁw_'~' 1393+ i:_!-DD P3_.'J{a3 ,3-5,333 7.-.!-1'=w .52 3.52-. i'5,Ll;u 74,1" _-1*-Ie:Ig_«; :g_h-." 42.7":

a rm :1-"Mg, Q5 BL.\r.1lw,U-mast: '-\.ﬂ:1 Ul'l1l'9J'-1-.1::ih jg not I'-lliy as ﬁlm I¢'i'|S¢_L ﬁgnrus warn suh;;,4|:¢_: b_§1'h0§-5 _:;m."JHmh Cu;-I;

TABLE X Statement of work done in the Magisterial Courts during the year 1977 1' Police Challan Cases ' Complaint Cases Name of the State} ----

Union Territory Pendency Ins:1itution Dis_1)05a1 1'cndc11cy Pcndcncy 1nst1tu1ion Disposal Pendency as on dllrlflg the during the as on as on during the during the as on 1-1-77 376.11' year 31-12-77 1-1-77 year year 31.12.77 I 2 3 4 5 6 7 s 9

1. Andhra Pradcsh . 56,797 2,69,036 2,69,519 56,314 12,633 1,0S,727 1,07,314 14,046

2. Assam . . . 51,120 45,226 33,203 63,143 44,736 54,336 48,169 50,353

3. Bihar . . . 2,74,335 1,35,612 1,316,685 2,73,262 2,29,948 83,666 l,07,022 12,05,592

4. Gujarat . . . 34,715 4,15,545 4,26,036 74,224 21,40,545 17,15,837 7,14,450 3,41,932 5, Haryana . . . 29,159 35,287 35,091 29,355 6,127 7,401 7,053 6,457

6. Himachal Pradesh . 9,431 3.965 _ 8,209 10,187 5,464 13,130 7,868 5,726

7. Jammu Sr. Kashmir . Not available.

8. Karnataka . . 52,486 2,543,235 2,313,756 64,015 9,497 30,747 23,614 11,630

9. Kera1a* . . . 45,502 1,35,240 1,215,626 45,216 14,617 56,892 56,145 15,354

10. Madhya Pradcsh . 2,44,563 21,05,193 3,121,573 2,3-2,193 37,092 44,959 43,537 33_514

11. Maharashtra . . 5,64,475 13,11,720 51,06,282 41,69,913 1,511,336 2,137,904 3,02,113 1,43,177

12. Manipur . . . 5,910 3,668 1,363 7,710 12,333 3,247 2,334 13,245

13. Meghalaya . . Notavailable.

14. Nagaland . . . 804 1,557 1,211 1,150 63 300 328 35

15. 0rissa*' . . . 1,11,933- 69,474 7 91,065 89,314 72,542 49,273 63,223 59,350

16. Punjab . . . 37,173 59,901 53,904 43,170 9,397 13,301 13,335 3,353

17. Rajasthan . . 1,60,571 1,013,720 97,416 1,653,875 84,985 33,169 87,385 35359

13. Sikkim . . . 1,719 2,242 2,664 1,297 155 314 339 13g

19. Tamil Nadu . . 66,926 1,05,5E6 51,92,686 79,825 14,593 1,69,747 1,69,687 14,653 30, Tripura . . . 14,563 11,243 20,050 5,756 2,333 3,745 -1,407 2,171

21. 1Jttar'i'radesh"- .

3,613,456 4,517,574 4,s7,5e2 3,375,010' 133,135 3,375,379 1,077,557 193 525 2.2 we.-atnangai . . 3.11.315 4,213,075 4,4a,539 295,302 4,022.97 133,553 127,434 4,59 5,5 UN I ON TERRITORIES

1. A & N Is1andsa= . -3,683 6,276 7,977 1,997 149 264 254 159

2. Arumchal Pradm11* . 204 400 332 170 19 11:5 55 59

3. Cha.nd.igarh . . 355 1,900 1,021 834 359 477 355 931

4. Dadra &Nasar Haven 334 354 575 163 16 20 24 12

5. Delhi . . . 1,159,745 395,119 24,35,397 1,a9,445s 90,703 1,177,122 99,337 g3_4g-3

5. Goa, Daman & Diu . 15,315 3,435 17,786 2,466 1,343 394 755 1,437

7. Lakshadweep . . 12 26 16 22. 3 15 7 11

8. Mizoram . . . 7'14 659 642 731 2 119 114 17

9. Pondicherry . . 1,740 14,353 15,370 1,253 64 431 407 33 TOTAL . . 25,78,611 49,55,233 50,33,161 25,75,315 17,21,547 23,56,947 2,977,253 17,717,975 'ThﬁwuIof0n'nu.U.P..xmIa.A&NmmdaandA:umdn1Pmduhdono:nuy.

' APPENBIX 2 si=i~;r:mi Liar svsuiil IN KERALA.

it should be the aim of c.v-cry court to dispose [if the cases be-lore it with. the utmost expedition consistent with a full and fair hearing, without sacriﬁce of quality and with as little expense and inconvenience as possible to the parties and others concerned. This requires (apart, of course. Iront what is most important, earnestness on the part of the presiding officer) a suitable ordering of this worlt of the court. (If E)-.lr:t'Ls'it: taclors the greatest impediment is the gross ow.-r-posting courts gen-eially rnalic with the attendant evils of indiscriminate acljourniciits and piecemeal hearings extending over months. often years. in a" good many muriaills' courts as many as 3:] to 40 suits are posted for trial for" a day whereas there' is no reasonable chance of more than two being tried. In a Inagjstr.-ite's court, as many as 10 or =lll witnesses are summoned whereas there is no prospect of more than it} being examined, Apart from the waste of time involved in calling the cases, in ordering applications for .'iiljtJLlIl1n'lﬁE1l2*(J1'lE- side or the other. in almost every case, will seek an adjournmcntz and securing with dilﬁculty sutﬁcient work for the day--in some courts, the roll--call, as this process is called, takes the best part of the rnorriing--tiiis results in a state of uncertainty as to which. of the cases posted will actually be taken up for hearing and leaves the parties, the lawyers and the court itself in a state of Linprcparcdness. Since almost all the cases will have to he adjourned for want of time, no one talics the posting seriously. No one holds himself in full readiness since that would be a waste of lime, nioiicy and energy, the odds being that the case will not be taken up. A number of cases are begun and then adjourned to be heard pioccnieal at long intervals, even witnesses being examined piecemeal; a large number of part-heard cases accumulatewin some courts. there are more than a hundred at a time; with a mind already mortgaged to so many part-heard matters, neither the court nor counsel are able to bestow mu-cli thought to or come to grips with the matter actually on hand; at each hearing of a case much of what was done before will have been iorgotten and will have to be recalled; the more ditlicult cases are passed over to grow older, everybody concerned being prc--disposed in tai-our of the lighter cases; and the numerous adjournments which even the simplest case sulfcrs not merely involve more work for everybody, concerned, and a less satisfactory conduct and disposal of the cast:

itself. but also entail unnecessary expense oi lime and money to the parties in attending court, in bringing witnesses and in instructing the lawyers. Witnesses are not exaniinec. on the days on which they are in attendance with the result that they are not in attendance when they are required. And. it often happens that, owing to the failure of the other work posted, it lawyer is compelled to get on with a case on a day when, owing to the absence of witnesses or for other reasons, he" is not really ready to do so, the case having been adjourned on the days he was ieady; and not infreqoentl}', the charge is levelled that for the sake of an easy disposal, the Prhsiding olticer insists on a case in which the parties are not ready for being heard, adjonrning at the same time cases in which the parties are ready. in dclerice of this system of overposting [if system it can be called}, it is often urged that it inalces for larger disposals and permits of accommodation to the bar while ensuring that the court is not left without work. it is also that there is an understanding that only the oldest of the cases wili be taken up. II that be so, it is dilﬁcult to understand why the newer cases should be pu-sit.-cl at all, for, it would follow that the parties concerned would not expect 'them to be taken up and would therefore not be ready. In fact, over-posting tends to smaller not larger disposal: it certainly makes for unsatisfactory and haphazard trials and disposals; and while it only a sutiicient number oi cases are posted lor a clay. the Court can reasonably insist on that work being ready--and. once parties and their lawyers have had sufficient notice of the posting of a case for trial there would appear to he no justification for further accominodation--the result ct' posting more is that no one will be quite ready and that one side or the other in each case will ask for an adjournment. The refusal of an adjournment will be resented when so many cases have perforce to be adjourned and the result might well be to leave the court without sulﬁcient work for the day, The expeditious and satisfactory disposal of cases demands that, once a case is be-gun, it should be heard continuously from day to day---where, as in a warrant case, the trial is in stages, each stage should be heard lrom day to day_ This js indeed enjoined by both the codes of procec_lure--~see section 144 of the Criminal Prooecluro Code and the proviso to Order IALR-ll! rule I of the Civil Procedure Code. Adjournrricnts should not be granted except for good arid sulli-eiciit cause and unless jiusticc would other- wise suffer; and, of Course, a person must suller the consequence of his own default, The ideal would be for one case to be completed before another is taken up, and, to reach as near as possible to that, it is essential that no more work should be 'posted for a day than can reasonably he expected to be taken up. And, time permitting, all the work posted for the day must be taken up. ' One great advantage of posting only as much work as can be taken- certainty that the work will be taken up is that the lawyers can study th day thoroughly in advance and be fully prepared to conduct them, v The presiding oﬂicer also can. and slioiild. prepare himself by going 'through the papers which should be taken home ihe previous evening.

The following system of posting of contest-ed matters of various classes for actual hearing {as distinguished from the preliminary work necessary to make a case ready for hearing} is commended.

up and of the to cases for the 8?

,will be taken up for trial unless ll. is 88 ﬁ"o'lL A. Original Suits "Special List System". Under this system no contested suit posted .for the day in the special list to be prepared in almunsitls court, the Bench Clerk will. as at present, post all ready contested suits in the hearing book at the rate of, say. about stir it day. so that all the ready suits Wlll'l:|t'. called up once in two months or three months. lint it will be clearly understood that this posting is merely formal and intended only for um purpose of reporting compromise. death or parties and the like. and that no suit will be called on for hearing unless it is in the special 'list. The special list will be prepared at the begirining of a month for the 'whole ol".the following month. For each 'day of the iollowing month two suits {and no more) will be selected from out of the suits posted [or the day in the hearing book. One will invariably be the oldest of these suits; the other will be chosen from among the. remaining suits having regard to the nature ol' the old suit. Almost always, the old suit will be a heavy suit and therefore the -second suit chosen should be a light' suit. The result will he that there will be only two suits posted for a day, and. roughly speaking, one will be heavy and the other light. (When a statutory stay v-.'iich has been in force for some time is vacated, there will generally be a large number of old suits available for trial, in which, by reason of the new law. there might not be much evidence to adduce and the trial of which might not take much time. Under such circumstances, both the stilts selected may be old suits and more than two may be posted per day if there is a reasonable prospect of the trial being completed). .

This list which is a provisional list will be published thy a.ﬂi1lLll'e to the court notice board, a copy being sent to the Bar Association) by the 5th of each month. Between the 5th and the ltlth any representation which the lawyers might have to make will be heardand the necessary changes made. The ﬁnal list will be published by the lt'.lth--thc list, it will be recalled, is for the following monih----a.hd it will be clearly understood that, except for compelling cause, no adjournment will be given thereafter. No hardship whatsoever is involved in this, since every lawyer and every party has clear notice ranging from three to seven weeks that his suit will be poremptorily taken up for 'hearing on is particular day.

So far as suits not appearing in the special list are concerned. it will he suﬂicient to formally adjourn them with the remark.

"Not in the list. Adjourned ............. ..".

With regard to suits that are in the special list, these suits must be taken up without fall so long as there is time, unless circumstances compel an adjournment. if for any reason. a.suit posted for the day cannot be taken up, it will stand out of the list and be_-forniaily adiourncd to some other day unless for some special reason. such as that 1h'e__'suit being a very old suit cannot wait till it gets into the special list again, the preliidmg ol.l.io.:i- thinks it necessary to post it percmptorily to a particular dale, This may be called the and published in the toilowiiig way.

(Such posting will he made in consultation with both sides, and, if necessary, one of I the suits already posted ior that day in the special list will be removed from the list. this being notihed on the notice board}. Failing that. the suit will not be taken up until it reappears in Llie special list and it will not be allowed to interfere with the postings already made in the special list for the month or for the following month.

Ordinarily. it can beeiipected that the evidence in the light suit will be completed before the lunch interval, and, by the lunch interval, it should ordinarily be possibl to say whether that in the heavy $LLI.l will be completed that day or will go to the next day. if it is expected to take a substantial part_ of the next day also. the heavy suit posted tor the I1I:JLl_t.la.y will be taken out or the list and the lawyers concerned informed accordingly. It will not ordinarily be necessary to take out the light suit which may be completed before the part-heard heavy suit trom the previous day is taken up And, so on, if the heavy suit goes to a third or zi fourth day. in any event, once a'su.it is taken up for hearing. the trial must proceed from day to day. until the evidence on both sides is completed, and there should not he more than one part-heard suit at a time. Once the evidence is closed, the suit may be adjourned. if necessary. to some convenient later day _l'or arguments. [This Will be necessary only in the case of com. plicated suits. In _most suits arguments should be heard immediately aria: evidence jg closed. when the evidence is fresh in the minds of the advocates and the presiding oﬂiecr and, if that is done. it should be possible to pronounce iudgincnt within a wceg if 1; 3; not done forthwith by dictation lrorri the hcncalzi. ll the provisions of Order .'l'LVlll rules 1 and 2 regarding the opening of a case and addressing the court at the close hf the evidence are followed--they rarely aie--Ihe address or "argumcnt". as it is called should not take much time). But. the trial proper should be from day to day. ' lt is essential that for the proper working of this system that no adjournment; are granted except tor really compelling reasons. Even so. it might sometimes happen mat both the -suits posted for the day collapse. In that event, which can happen only very occasionally. the time left over can proﬁtably be utilised by the presiding olﬁoe: in checking the various branches of his olﬁco or in dictating judgments that have been reserved.

It is necessa that no soil should a r in the 5 la] ' ' ' ' for trial. Commriyssions and the like 5l10l.fi§:abe'T.a.KC.EI oﬂit t.h1:teleLElti'il:st'tp:ssif|l;iJ1l¢i,yo11-gcliiggiy-):

tunity and the taking out of a. commission after a suit has come into the special H51 should be discountenanccd. Presiding oﬁicer should themselves settle issues (there is up objection to obtaining drait issues provided the actual settling is done by the oﬁcgf after aequainting himself with the pleading} and the time spent by them on rm. Wm 89 be amply repaid. If this is done, the' presiding otlicer will know at the time of settling issues whether 'a commission or other preliminary work will be necessary before the suit can be taken up for hearing. and. if this is necessary, he will post the suit to a particu- lar day for an application for the purpose and the suit will not be regarded as ready until the preliminary work is done. He will also be able to make a note in the notes paper regarding the light or heavy nature of ';the suit and this will be helpful in preparing the special list.

It is also necessary that the provisions of Order VI rules. l4 to 13, Order VIII rule 1 and Order XIII, rules it and 2. Civil Procedure Code, are strictly enforced and that documents are tiled long before the suit appears in the special list. This can be ensured by allowing applications to excuse delay. if they are allowed at all, only on terms which should be very heavy once a suit has come into the special list. The provisions in question are designed not so much to check the production of spurious documents (which with some forethought can be manufactured in time'! but to prevent either party from 'taking the other by surprise: and after some time it would be as well to enforce the provisions very strictly in respect of cases that have appeared in the special list.

In the Sub Courts. of course, it will not be possible to post two suits for a day and some modiﬁcation will be necessary. Posting can be on a weekly instead of on a daily basis. Three suits may be selected for a week. One must he the oldest of the suits posted in the hearing book for the week; the remaining two may be selected from the rest having regard to the heaviness of the ﬁrst, preference being given to the older suits: it will be convenient if the old heavy suit-is always posted to a particular day of the week. say. Monday. the two light suits being posted to "l"hursday for Wednesday) and Friday.' in the hearing book also postings should be on those same days so that a selected suit will be posted in the special list for the same day as it stands posted in the hearing book. When sessions postings are made. the suit posted for the day should. if »the sessions case is likely to take time, be removed from the list and the lawyers concerned informed forthwith. In Sub Courts there can bend risk of the work entirely collapsing for a suﬁicient number of appeals can be posted for each day_ To enable a check as to how the system is heing worked. each court will send the District lodge a copy of its list at the end of the month with remarks as to the progress made in each case as illustrated in the form given below. The District Judge will review the working of the system by each court and submit the lists with a copy of his review to the High Court.

It is made clear that the system is not intended to fetter in any way the discretion vested in the court to grant adjournments under Order XVII rule I of the Code of Civil Procedure. It only emphasizes that an adfournrnent should. as the rule itself says. be granted only for suﬂicient cause. and that. as the proviso to the rule lays down. the hearing should be from day to day. An adjournment should. of course. be granted if otherwise justice would sulfur but no one should be allowed to take advantage of his own default»-he must suffer its coulequonces. , FORM Date Suits posted - Progress made Hour at which , court rose for the day l-6-l970 O.S.3i'l'{l Heard. Judgment reserved and pronounced on '5-6-70.

0.S.ll2,l6'l' l-'art--heard. Trial continued on ?.}6. 316. Judg-mem pronou- 5 pm. need on T5-6. , .

2-'6-1970 0.S.315,f6'9 Cornpromised.

0.S.llBl67 Removed from the list because of part-heard O.S.ll2)'I5'? 5 lim- 3-6-l970 0.S.l5i70 Dismissed for default 05.10268 Removed from the list because of part-heard 0.S.I12{67 4 pm. 4-6-1970 O.S.453l69 Decrecd : it parte

0.S.l_I'56 Adjourned because of death of' plaintiff 3 p.rn.

B. OTHER PROCEEDlNGS

8. Other proceedings , other proceedings involving the examination of witnesses may, and once they become old should. be treated as original suits for the purposes of the special list_ ' C. APPEALS A certain amount of latitude is permissible in the case of appeals and other proceed- ings not involving the examination of witnesses. but. even so. In appeals and other cases requiring preparation. the Iawyers must he given fair notice as to which of the marl!' eases posted irr the hearing book are to 'be actually taken up. At a ﬁxed hour every day.- either just before or immediately after the lunch break. the work for the following day can be settled in open court giving the lawyers concerned an opportunity of beans con- wlted. Only as much work as can be taken up lhould bc P°5l°d f0!' "13 Plath lfiill WOW being ignored against the possibility of its collapse. -Preference should be given to old _ cases. A list of cases to be heard the following day should be published on the notice board by 3 pm. each day and ordinarily adiournmcnts should only be for want of time.

CRIMJN AL Sessions cases Sessions cases should be given precedence over all other work and _no other TOTE should be taken up on sessions clays untii the sessions work for the day is -completed.

A sessions can: once posted should not be postponed unless that is unajroidalil-lc. and once the trial has hegrun. it should proceed CEl!'l[l['IU0ll5l§"fTDl'|1 day to day till it is corn- pleted. if for any reason. a case has to be postponed or adjourned, intimation should be given fortl-swith to both sides and immediate steps be taken to stop the witnemes and secure their presence on the adjourned dale.

On receipt of the order of commitment the case should he posted for trial to as early in date as possibie, sud-icient time. say, three weeks. being allowed for securing the witnesses Ordinarily, it should be possible to post two sessions oases a week, the ﬁrs:

on Monday and the second' on Thiirsday. but suliicient time should be allowed for each case so that one case does not telescope into the next, Every endeavour should be ma_tle to avoid telescoping and for title, if necessary. the court should commence sitting earlier and continue sitting later than the normal hours. if the entire dajr is devoted solely to sessions worlr. and if proper control over the proceedings is exercised by the iudge, the ordinary run or cases should not take more than two days and only very heavy cases need go beyond the third lday. Judgment in the case begun on Manda')! should ordinarily be pronounced in the_cour-ac of the weelc and that begun on Thursday the following Monday.

Appeals and Revisions These should be posted as early as possible, usually within three weeks of insti- tution. The posting should be made as far as possible in consultation with both sides and so as not to clash with sessions work. These cases should be given precedence over all other work, -except sessions work. and. ordinarily. no adjournment should be given although there is no great harm in following the "one acliournment" rule followed by some judges whereby one short adjournnrerrt (and no more} of a wee]: or ten days is given on request.

Inquiries and Trials by Magistrates The posting of cases irsvolvirrg the examination of witnesses should be so made that the number of witnesses summoned for a day" should not greatly exceed the number that can be examined. A magistrate should know. rougnly speaking. how many witnesses can be examined in the time Eeft after dealing with cases not involving the examination of wit- nesses. if. for insrance.'eicht uitness-es can be examined. not more than ten or twelve should be summoned for the day and cases for trial must be posted accordingly. Of course. there. can he no hard and fast .rule. it might he that in one case there are a large number of short 'witnesses while 'in another there are few witnesses. but each with at long story to tell. Hiiuever. rvith some care in posting. it should 'be possible to ensure that bit and lame. the witnesses in attendance on a day are examined on that day or at least on the following day.

IF'.ach stage of a case should be tried continuously from dag' to day an enjoined by section 34-1 of the Criminal Proretltire Code and white the posting should. as far as possible. he made to suit the convenience of both sides. adjnurnments should be granted only for suﬁicient cause.

when the accused is no! in custody or has not been hound over and his presence has to be secured. the case may First he nested for the appearance of the accused. In a summons case the questioning: of the accused under section 24?. of the Code should be done on the verir day of his appearance and if there is. no conviction -under section 243. the case should he posted to a convenient date as early as possible for the examination 0f the n'o*=eCution witnesses. The urn-iecutiou wi1nes<es should be examined continuously and at the close of The rlrosecutim: evidence. the accused should straightaway be examined under section 342 of the Code. Thereafter. if the accused wants witnesses to be examin- ed in hit defence. the case shnuid be adjourned to some convegtiem date as-em-l1_r as possible For the examination of defence witnesses who should also be examined conti- nuousljr. Argxizments should he heard on the completion of the evidence and ordinarily no adjournment should be given for the purpose.

In a I"-:"El_5l'l'l.7l7al"j,-' ennui;-gr under section 20115. that section itself requires that the case should ordinarily be posted for enquiry within fourteen days of the receipt of the charge- sheel. a later' date being permissible only for icasons to be recorded in-writing. Here too. the witnesses for i"le prosecution shouicl be examined continuously and at the close- of the evidence it should be possible to examine the accused and complete the. enquiry and either frame a charge or decide to discharge lithe acc11~1ed_ In «an enquiry under section Edi. the proreculinra witnesses should be examined corrtinuousljr and the accused examined at the close of the prosecution evidence. Then an adjoummenl should be given if there are witnesces for the defence and srucl". witnesses should also he examined continuo11Sl!~'. Armaments. if Ml'.-'. should be heard on the compiction of the evidence and a charge framed or a dec-is'nn to cl'scl'l':=.r_rn_= the riccuscd ta':en without delay, in warrant ('.s'i-es instivilcd on a police report. lire stage of discharging the accused under -section Eﬁlrlxlll or framing is Cl'|al'EE under section 251.-it-3) can he rea-:hed'on the very dav til' the acci'.scil'.s appearance. 'l-F there is no conviction under section 25[A(5), the case should he zidiourncd to a C-o:1verr='enrd-are as early as possible for the e1rairu'na- llﬁn 3-5 the TlI'mt'CE!<'t'--'1 witnesses. whose examination must prooce-d continuously. .-it the close of the pmscrilir-i es.-'-'Ll-euro, *t~r flCI'.'llF-ctl should he eitzimined. and. if he ha; wit- nesses in slirrtmon ir l1_i=. ilc.-2n case shruiid be adjottrned lo:SG|11E'C{'.«!1\.'E!'1lt:'r:'l date for the L'1i3frilﬁ!l!lf1F nl -clticn-cc '-'.'iC_l'lE'.."~.3E§ wlﬁich also should he done continuouslv_ .f\r_o_ument<:. if one <llC"'lLl he he:-.rtJ fortlwtitlu and the trial closed.

Likewise. in :1. case instituted othcrwi-ac than on a police report, each stage of the case should he hczirri continuously and arguments heard on the closing of the evidence.

Ci.' APPENDIX 3 Law Cﬁ'i-lt».ll'§.'-ilI"ilH«' or l!'~'DIA DELAY [N DISFOS.-ii}. OF CA5-ES AND PENDING ARRE.-XRS IN COURTS INTRODUCTORY INOTF.

For some time past. public attention has been focussed on the problem of delay in the disposal of eases and pending arrears in the courts, Statistics relating. to judicial business. in general. show' a continuous increase in lhe vohime of pending litigation. There is already a backlog of cases in man}-' eoiiris; further increase may put a severe strain on me largely' over-burdened judicial machinery. and pose a pressing challenge. in spei:-iﬁr: terms. the ﬁgures of institution. pt'.'ndBI]C)' and disposal of cases in the High Courts and subordinate Courts show that the burden has been constantly increasing, The judi-

-cial system. by and large. is working well. and this is: reflected in the rE]ati\.'el}' high popular -esteem of the courts. But it .is apprehended that the increasing Yo-lume nf cases before the courts might aﬁect the quality of justice and shake public conﬁdence in the courts. ' The Law Commission of India has. in conformity with its terms of reference. decided to elicit informed or-anion on the S'-.J'ojec'."t by means of this Questionnaire, This Questionnaire. it is needless to say. is not based on an)' pre--con-teived notions as to the remedies that should be adopted to reduce the arrears. The objective is to explore all possible avenues, and to elicit opinion in the hope that ultimately an elfective and practicable solution. substantially acceptable to all converrieizl. might emerge, Elrorls and proposals to solve the problem of arrears in the Courts have been man}:

and varied in the past. There have been suggestions for the appointment of additional judges. changes in the distribiition of l:iisir--ess. amendments in ihe rules of pro;-erfure. the elimination of delajeini: tactics and the like. The problem. however. has persisted. requiring again a res-iirw of the p-os1'lir)n.

it 1': no exaggeration to sneak ol an impending crisis in judicial administration To understand how this crisis has Currie about. it is necessary to inquire into the {actors Eeacling to workloads and the pr-oi:edl:re adopled for d'lS[IID'i:'ll of 'that load.

The factors loading to judi-:i:i? workloads rnaz: be broadly classiﬁed as: extra-legal and legal. For example. with the ircreasc in population. there is naturally an increase in the work of the courts. in addition. our society is now far more complex than 't\\'ert1y-- five years ago. These are extra-legal factors.

New rights have been lnrougtht into heing. and older rights isuch as contract and pro- perty) have been made subject to Go-vernrrrent regulation and legal control. New social interests are also pressing for recognition in the courts. In part. the increase is contri-

buted hy legislation arid 'oil.' broadened iezrverrimeztlzil programme of all kinds. since issues arising out of these ultimately reach the courts for resolution. 'fhese factors may be described as legal.

All these developments have increased the demands on the law and its jnstitutioris. and it is desirable to ascertain the factors leading to increase in Judicial tiiisiness. The ﬁrst few questions therefore solieit views on ll'll.'.i aspect.

In lcrrns of 1'tnp1'o'i'ing disposal. two general approaches are available. The resource inputs Uudges, clerks and faeilitiesl can be increased. or the existing resources can be utilised more eﬁieientlgt.

It is axiomatic that the workload iii a court is de1e-rsriineii by the number of cases that have to be handled. multiplied l3|'r' the average amount of work that has to be per- forrned in connection with each case lhe volume of institiiriori and the rate of disposal, therefore, form the subject matter of the bulk of the qtiestioras. The time that is needed for disposal necessarily involves an examination of the procedtire for disposal---whi'i:h has been dealt with in a few questions.

The workload so arising has to be distribiitcd aniorigst the Judges available. Their numerical strength, and the time actiially applied by them in disposing of the workload. are therefore relevant and form the subject of a few questions. Attention has also been paid to the question of adequacy of the staff of lhe Cﬁlllfls.

Bearing in mind that the overall reduction of arrears could be achieved by improving one or more of these three factors. namely'. by reduction in the l'l!ll'I'll2rC." of cases. reduc- tion in the average amount of 'work that has to be performed in connection with each case and reduction of the workload of each Judge thy increase in the total number of judges). the Commission has. in the Questionnaire. included questions that deal not only up,-gm [he nrganisatinn of the cniiris. The number and selection of' Judges and the distri- bution of business. but also with :2:-rtain siigeestions concerned with iiirisdielio-n of courts. Attention has also been paid to the aspect of distrihuiioii of business.

Many of the questions focus atticntion upon the appellate 1'!l'i1{,'D.\'.'1' and appellate jug-jgd;;_-ﬁgn, Nobody can object to a gin.-ren volume of appeals. lruw-zver largo -or for that matter, to a given volume of any other type of llllljeﬁﬂlltlllr -hut' if the vnlurrle has a serious elf:-ct on the speed of disposal. or otlrerxr.-ise has an a-.l~.nersc impact on the itrdicial process. the matter requires attention.

9] Causes.

Decrease in dis-

posal-causes.

Hearing by Single Judge.

Special know-

ledge.

Hearing by same I udge.

A view has been expressed that if the High Court is to function well, it is important that certain judges should speciﬁcally be assigned to deal with speciﬁc subjects so that they can develop expert knowledge. in the 'ﬁeld. Some of the questions. therefore. deal with this aspect.

'I1-ie questions relating to delay in the subordinate courts take into account the re- cent amendments in the Code of Civil Procedure, 1903 and the recent revision of the Code of Criminal Procedure. 1973. It may be that experience of the working of the amended or revised law has not yet been long enough to jiistify further changes. How- ever, the Commission would like to elicit informed public opinion on the relevant issues.

Some of the questions might appear to carry radical implications. In putting forth these questions, as already stated, the Commission has no pre-conceived notions. The hard facts of delayed justice have, however, driven many persons to a re-thinking about the existing system.

The solution may not be found in any single administrative or procedural measure or merely in the increase in the number of Judges or Courts. but in a combination of several measures. and the eﬁicient use of iudicial time and the active co-operation of gt: legal profession with the Courts in the expeditious disposal of the work of the ourt.

It is in this background that the Law Commission of India has decided to elicit views on various smote of the problem of arrears. The Commission will be grateful for reasoned and detailed expression of views on each question. On any matter not covered by speciﬁc questions but regarded as relevant to the problem of arrears in the Courts, suggestions are. of course, welcome.

HIGH COURTS The problem and its principal causes

0. Lia) if you regard the problem of arrears in the High Courts as requiring serious consideration. to what extent is it due, in your opinion, to one or the other of the following factors:---

(it increased institution of cases;

iii) decreased disposal of cases.

(b) If, in your view. arrears in High Courts can be attributed to increased insti- tution, please state what, in your view. are the main factors contributing to such increased institution.

What measures would you suggest to remedy the,defects?

Q. 2. If arrears in the High Courts are. in your view, due to decrease in disposal. what are the concrete factors to which you would attribute such decrease. and the remedies that you would suggest to improve the position 'I Organisation of the High Coirrts----

Selection of Judges and Distribution of Business

0. 3. It has been suggested that High Courts in which there is a sizable number of cases pending for more than one year. should adopt a system whereundcr all cases should be heard by single Judges. excepting-

{a) death sentence cases and appeals against acquittal; (bi) appeals. where" allow-cd,,against judgments of Single Judges; (cl cases where there is a statutory requirement to the contrary: and (ti) cases where hearing by a bench of three Judges is necessary to settle the law on iii particular point or for other special reasons. It has been further suggested that the constitution of benches with more than three Judges in such High Courts should not be permissible under any circumstances. What are your views in the matter ?

O. 4. It has been suggested that cases relating to a particular branch of law should be heard only by Judges ;with special knowledge of such branch of law, and also that the High Court may be divided into different iurisdiction. such as:

I . Civil :

Criminal :

Writs ;

Tax :

labour.

What are your views in the matter?

5":FS-"'.*-'

0. S. It has been StllF."EESiBd that as a rule tl:ie'same Iudsre or Hench 5i1(,'il1ld hear a case in all its staiaes, including preliminary admission. consideration of ll'li£'Tl€l",'!'ioT\.' ordcrg and ﬁnal hearing.

'What are your views in the matter "_i' 93 Jttrillllttion of the High -Cotlnt: ﬁujllld Limitations Q 6. Have you any situation to mule as to-

tal the ordinary original civil jtu-isdictlon of the High Courts, or

(b) limiting appcais from district court to qtzostions of law, or tc} abolishing st l.im.it:ing Letters Patent Appeals, in asses where such appeal is at present penninihle--- ' [it against an original judgment'? or til) against an appellate judgment on first sppesl-'?' Q. 'I. It has been suggeited that in order to reduce the arrests iri High Courts, proceedings' for the grant of certiﬁcates by the Court under article I33 or 134 of the Constitu-

tion should be eliminated. leaving it or the Supreme Court alone to grant such leave under article I36 of the Constitution.

What are your vilswr in the matter 't Q. 8. There has been a recommendation by the Law Couunission' and the High Courts Arrears Committee" to the etfect that the procedure of reference to the High Courts in direct tax cases at inst judgment .of income Tax 'Tribunals should be replaced by an appeal to the Hi Court on question of law. What other Ineastsres besides such an amendment would help in facilitating or expediting 'he disposal of tnattcrs relating to direct taxes '.' ' ' Procedure for hearing in the High Court:

Q. 9. It has been suggested that it should be provided that no tetief should be granted in any appeal. revision or writ petition if the court is satisﬁed that no substantial injustice has been caused to the person seeking relief, even if there have been any irregularities.

How far do you agree with the suggestion and in what respects do you regard the existing provisions in the Code of Civil Procedure-3 on the subject as roquiling to be ampliﬁed?

Q. 10. II'. has been suggested' that in order to avoid delay', civil appeals and Revisions should be tiled in the original court which passed the irnpttmed decree. This court should forward the appeal to the High Court, along -.vit.h the records of the case, and should also fix the date for appearance of the parties in the High Court.

Do you agree with the suggestion'?

Q. 1]. la} It has been s'-ttggjest_ed5 that service of notions sl:Lout<l be eliected by registered post in all proceedings and. in case of failure at the first attempt. the person seeking relief from the court should be required to, otfeet service on the other parties slid to tile an attidavit of service'. _ -

What are your views in the matter '1' 11:) it has been suggested' that the service at notice' in appeals through its pr oess server should be abolished. - ° ° in The ﬁrst service may he etfected by registered post upon the party.

iii) All other-otioes including notice of appeal in the matters still pending in court should be elfected on the counsel, it being a statutory .|iah-ility of the counsel to accept service of notices Do you agree with the suggestion '? ' Q. 12. It has been suggested' that-

{a} in civil appeals, this Pﬂparation and of the paper books should he left to the parties. and they should ﬁle them In 3 months' time in the High Court upon the completion of service;

fhl in criminal appeals. the paper books need not be prepared. The trial court should record evidence on'tI1e t}'13BW1'lI3T and the carbon copy of the evidence may he placed on the record of the case; ' tc) paper books should be cyctostyled Do You Intel! with the suggestion?

'Law Commission of Ind' , 58th 11 rt. t'Structur and ' '} Judi . lﬂanuary' 1"'). pnélﬁys' mm e Jurt ctton of the Higher "High Courts Arrears Committee Report {[972}, para 30. page 69.

'Sections 99 and 99:1, Code of Civil Procedure. 1908, as amended in 1976. 'Suggestion of a High Court Judge.

"Suggestion of a High Court Judge.

"Compare Orde-r 5, Rule 19A. Code of Civil Procedure. was {as amended). 7Sugge-stion of a. High Court hedge, 'Suggestion of a High Court Judge.

Chapter V, para 43, page 60 and Original jurisdic-

tion.

Appeals under Afhﬁlﬁ 133-134.

income-tax sier-

enoel.

Relief to be grant-

ed only sub-

stantial injustice.

Filing of appeals.

Service.

Paper hooks.

Perjury 0.13. it has been suggested that in case of clear perjury being established either in an aﬁidavit or in oral evidence, the court should have the power to impose punishment straight- away after giving an opportunity to the person concerned, instead of merely ﬁling a complaint in a criminal court. A right of appeal, should, however, be_given to such person. How far do you regard the existing law' on the subject as requiring ampllﬁcﬂ' lion in this regard '.' Arguments and judgment in High Courts Q. 14. It has been suggested that_except with the leave of the court--

Time [Emits ta] a maximum limit of IS minutes for the hearing oi" :1 case at the stage of admis- sion should be prescribed :_ ' tbi a maximum limit of 10 minutes for he_arin,g of an interlocutory matter hhould be prescribed, Do you agree with the suggestion '?

citation -of case 0. l5. The following suggestions relating to arguments, intended to expedite the disposal in", and mnwii. nf cases, have been made:--

¢l3l'~'d f€€- [al Citation of case law should be restricted normally to not more than two cases only, in support of one proposition, with liberty to hand over a typed list of other authorities, with relevant paragraphs extracted if necessary.

lb) Counsel should be required to settle a consolidated fee in _a case (fees on daily basis being prohibited) so that. there may be a positive incentive to compress the arguments as much as possible.

ic) Unnecessary. lengthy and repetitive arguments should be declared as professional misconduct, proceedings for which may he initiated by a complaint of the court.

What are your views in the matter 9 Scrutiny of papers Q. 16. In regard to the appeals, there is a dilierence between the practice in England and without oral argu- Commonwealth countries on the one hand and the United States on the other hand. One mnnt. study has described the position in those terms':-

"Bolh in England and in the United States, appellate dcickets are to some degree within the control of the judges. In other words, wltile some appeals can be taken as a matter of right, others can be taken only by permission.

In the United States, leave to appeal ordinarily can be granted only by the Court to which the appeal is taken. Thus only the United States Supreme Court is em- powered to grant certiorari to review the decisions of state supreme court: or federal courts of Appeals.

A diﬁerence exists between the two countries as to the form in which applications for leave to appeal are made. In the United States applications are made in writing and decided by the courton the papers alone. without hearing oral arguments." ' How far do you regard such a procedure as suitable for adoption, with or w thout modiﬁcation. in the High Courts in India in regard to admission of appeals? Judgment. 0.17. The following suggestions have been made relating to judgments in order to expedite disposal:-A la) Judgments should be required to be very brief. They may contain the broad reasoning only, and the citation of authorities should be conﬁned to their gist,i" without quoting extracts, unless the question of extracts is absolutely necessary for distinguishing a case.

(b) Reading of judgments in court should be eliminated. so that only the operative order is pronounced} [cJ Judgments should be delivered ordinarily within a week of the conclusion of the hearing and. in no case, after more than one monthi.

'What are your views in tlie matter?

Other measures relating to High 'COl.II'[n' Misbehaviour or Q:lEl. Two suggestions have been made to facilitate the quick disposal of cases in the incapacity. High Courtsﬁ ' la) Persistent and serious unpunctuality should be declared as misbchaviour for the removal of a High Court Judge under article 217. proviso (bl, read with article l24il4} of the Constitution.

'Section 344. Code of Criminal Procedure. 1973.

3_n*3l)?eémar Karlen. "Appeals in England and the United States" [I962] 78 L.Q.R. 37!, 'Compare High Courts Arrears Committee Report (1972). Chapter V. para. 106, P189 7 v 'Compare Order 20. Rule 1(2). Code of Civil Procedure, 19t}8, as amended in I976.

19765Con'Ipare Order 20. Rule till}, proviso. Code of Civil Procedure, as amended in 95 tb] inadequacy in the disposal of cases which is both St-'ri0US and PCFSE1'-'B01 in the opinion of the Chief Justice shouId_bc declared. aS71l".c3p'e.Cll]r'_ for the removal of a High Court Judge under atttcle BI7, proviso lb}, Tﬁad Willi afllcle 124(4) of the Constitution.

What are your 'views in the matter '?

Q. I9. It has been suggested that in order to reduce :.rre;trs in High Courts- -

ta) summer vacations should be reduced to fuur '-'i'8=¢kS'. and to} working hours should be increased by half an hour Lidll) ur in the alternative by half a day, that is, three hours' work on Salttrdays.

The above special arrangements, it is statctl. may continue till the arrears are cleared. What are your views in the-rnatter '3 Q20. ta) Do you suggest any increase in the strength of Iudges of the High Court, and it" so, what should be the criterion on the basis of which it should be increased '?

1.11] Would you sttggest the exercise of the power under Article 224A of the Con- stjtution for appointing such of the retired Judges as were known for their expeditious disposal of cases 1' SUBORDINATE COURTS .

Questions appl cable to civil and criminal courts Q.2l, What is the hierarchy of civit courts and uitat are the limits of the _ pecuniary jurisdiction of each ctvtl courts?

Q. 22. la} What, in your opinion, are the causes of delay in the trial courts in the dis- posal of cases '1' lb] Have you any suggestions to make for cutting short such delays '3 (1.23. How far is delay due to-

ila) inadequate number of Judges'?

{bl insufficient accommodation, lack of books. lack of stcnographic assistance or other factors by way of unsatisfactory conditions of work alfecting quality of work? .

tc) defects in the procedure ?

Please indicate concretely the defects in procedure and the remedies suggested to remove those defects.

Q. 24. Are the members of the subordinate judiciary of the same level in regard to their knowledge of law. elﬁciency. hardworlt, integrity and punctuality as_tl:tat of the members of the. subordinate judiciary in the. past? If, in yottr view, there has been a decline in this regard, to what speciﬁc cause do you attribute such decline?

I;v.25. How are judicial oﬁicers recruited '3' Are they raw law graduates or it is necessary that they should have practised and if so, what should be the minimum period of practice '3' Would you suggest any change in the period? if so, what? Have you any other suggestion as to method of recruitment of judicial oﬂicers'? ' _Q.26. Have Judicial Oiiiccrs to report periodically particulars about individual cases which are more than_or_te year old (in the case of civil cases) and more than six months old {in the case of criminal cases)?

Q27. Should petty criminal cases be disposed of by some agencies other than Stipendiary Mag;istrates--for example, village panchayats, honorary magistrates and Justices of the Peace 1' Q28. Should village panchayats be invested with jurisdiction to try petty civil cases '3 Q29. Should we have some provision for pre-trial proceedings in civil cases as might reduce the workload of the court by obviating the necessity of court proceedings?

Q30. 'What are the court timings, and do the judicial oﬂicers adhere to those timings and maintain punctuality?

Q31. Do the people generally have conﬁdence in the courts'? If not, to what speciﬁc causes would you attribute decline in conﬁdence '."

Q32. Do you ﬁnd that the recording of the evidence of witnesses on commission impedes speedy disposal? Has it been your experience that parties interested in delaying dis- posal resort to it as dilatory tactics 'I If so. what remedies would you suggest to improve the situation '?

Q. 33. Do you agree with the suggestion that the examination-in-chief of the witnesses should be replaced by an affidavit. allowing the parties a right of cross-examination and re-examination f the witness, with a proviso whereunder the court may, in special cases, permit examination-in-chict'-in the interests of justice?

Vacations and working hours.

Inadequate stren-

gth as a cause of arrears.

Hierarchy.

Causes.

specific causes.

Level of subordi-

nate judiciary.

of judi-

Recruitment subordinate ctary.

Periodical reports of old cases.

Petty criminal cases-disposal by other agencies.

Village Punche-

yals.

Pre-trial.

Court timings.

Public conﬁdence.

Commission: for recording ence.

Affidavits.

Witnesses in at-

tendance.

Recording of evi-

dence _vt-ithout tn-

terruption.

Argttment-t.

Iudgrnents.

Ruling on obiot:-

tlons to evidence.

Normal time for tttspasat. _ Speciﬁc causes of delay.

Congestion in 'CDLll'l.

Normal work-

load.

Section 80 C.P.C.

and analogous provisions.

Role of the PN-

siding officer.

Too many wit-

IIBSSES.

Provisional decree.

Machinery for settlement.

[Nors.--Even it' examination-in-chief is replaced by aﬁtdavit, there may be cases where it will continue to be necessary. for example, where a party desires to examine a pubiic officer. In most cases, a public officer called upon to tnalre an aflidavit on matters within his personal knowledge wnutd decline to do so at the request of a party without an order oi' the court and would prefer to be surnrnoned and examined in court. Further. sometimes ll witness, even if he is not a public servant, may be unwilling to make an aiﬁdat-'it.].

0.34. Does it frequently happen that witnesses who are present in court in obedience to a summons of the court have to go back without being examined in court 2' Are any statistics maintained to show as to how many witnesses had to go back in such circum- stances without their evidence being recorded because of want of time on the part of the court '3 Q. 35. would vou consider it appropriate that once the recording of evidence of vtritt-tessu of a party has commenced. the trial of that particular case should continue and no new case should be taken up till evidence of all the witnesses present in that case has been completed 'P Q jﬁ, (at :5 it your_vir:t_v that arguments should follow immediately on completion of the recording or evidence?

lb} Would you consider at appropriate to have some tit_rte-limit for_oral ments, which counsel can. if so desired. supplement by written submissions?

0.33'. Are you of the view that judgments should be shorter than at present and need not deal with each and every point advanced or with all the authorities cited by counsel at the Bar '9 15 it likely that shorter judgments may result in arbitrariness, or provide 11 cover for mental lethargy and an attitude to shirt: or avoid dealing with inconvenient arguments?

Q38. Do you consider it necessary that the presiding officer should, when he allows or disallows a question objected to by the adverse party, record an order giving his reasons 'I In case he allows a question despite such objection, is it. in your view, desirable that he should record the question and answer with a note that it was objected to but has been allowed after over-ruling the objection?

CIVIL CASES Q. 39. What. in your opinion, should be the normal time within which civil suit of different categories should be disposed of, and 'ocyond which it should be considered an old one'! argu-

Q40. How far is delay in civil cases due to--

is) delay in the service of process?

lb} nowutilisation of the provisions relating to the examination of the parties before the fralrting of issues or provisions provided for interrogatories or dis- covery, inspection and production' of documents'?

[cl lengthy evidence and 'cross-examination 1"

I.'dl large number of witnesses on the same point'?

Would you suggest any remedies: to improve the situation in this regard '.' Q-.4t. How far' has the congestion of cases in each court led to delay in disposal'?

-0.42. What should be the normal wnrltload for each of the clilferent categories of courts '3 0.43. Do you agree that in order to avoid needless technical defences, the provisions of section 30 of the Code of Civil Procedure, 1903 and analogous provisions in other enact- ments, requiring notice of suit to the Government and public authorities. should be deleted? in case section St} is retained. would you suggest any modiﬁcation therein'?

0.44. Should the presiding .,fﬁcc'r_take a more active part in relation to evidence, instead of adhering to the present practice whcreunder the presiding oflicer leaves it generally to the parties to lead such evidence as they think ﬁr?

Q.-I5. ll has been suggested that in civil cases. a party should not be allowed to produce too many witnesses' for proving the same fact and that the court should be given power to disallow the production of too many witnesses on the same fact.

What are your views in the matter'! 0.46. There is a suggestion that at civil court should be empowered. on being satisﬁed at any stage that the balance of probability was overwhelmingly in favour of the plain- tiff. to pass a provisional decree in favour of the plaintiff. subject to its being set aside by the ﬁnal judgment in the case.

Do you agree with the suggestion?

0.47. Should there be some machinery for negotiating settlement between the parties during the course of the trial 1' 'Order 16. Rule 1 and IA of the Code of (Evil Procedure, I903.' ' Q. 56. Is the procedure under sections 208-205? of the Code of Crirniml Procedure, 5973. Samoa' ca".

Q. 48. It has been suggested that in suits for eviction. damages for use and. occupation Meme in-oﬁn. of the premises' should be lined at the real tetting value in the market. plus 10% thereof.

inlteud of_the rent for which the premises. were last let. in order to discourage frivolous defeat:-as which are often advanced merely for prolonging the tlisposwsion of the tenant. ' 'What are your vievla in the matter'?

£1.49. Have you any suggestion regarding the provisions relating to tests '5'' How far C03" 1" ['"'°l°'-1' would you favour an amendment of the Code of Civil Procedure. 1903, to the oﬁ-act that °"""'-

in civil cases," if the suit or defence should be found by the court to be frivolous. tho court should have power to direct the party concerned to pay to the 0 site parts'.

lliecoels. on an actual basis and not merely on the basis of the legs] taxah costs 5' Q.50. Would you favour the insertion in the Code of C1'1ril.Pmoe:lutB, I908 of a pro- Refund at court when to the effect that where a civil suit is withdrawn or compromised before the heap fee' on ,n,ﬂhdﬂ_ mg of arguments, there should bo-- "ml 0, mmprm ta.) a refund of half of the oourt fees on the plaint-it' the suit: be-. withdrawn or eorn- mine. promised before the oommencement of evidence and after that refund of one- Eottrth of the court fees on the plaint:

(h) outing of only half or the legal costs?

(2.51. It has been suggested that there should be inserted in the Code of Civil Procedure. [Harm at wrung. 1908, a provision empowering the court to incorporate, in a decree for money. a diIeo- ed .-am rim: that if the debtor does not execute the judgment within a specified period, intereet grill! be calculated at an fun-ea.ued rare according to a scale linked with the period of eat.

'What are your riev.-'5 in the matter'?

Q. 52. It has been suggested that the setting up of a single executing court for a parts'- cular local area would make for speedy and erfectlve execution of decrees. Do you agree with the suggestion or do you envisage any practical diﬁicultieg in its implementation ?

Single executing COll!"[.

Small causes Q. S3. {at} What is your experience as to delay in disposal of cases in small causes court? Are they decided at the titer hearing, or are adjournment-;. granted very frequently?

ch) it has; been suggested that adjournment.»-. in the Courts_of Small Causes should not, in any case, exceed a month. to ensure expedrtious disposal of cases. Do you agree with the suggestion?

tr) Have you come across cases of delay in courts of Small Causes in the filing of written statementt, preparation of judgments, or other matters vital to the progress and conclusion of the trial'?

CRIMINAL CASES Q.S-l. Do You oonsider the replacement of the Code of -._Crimina'l.'i'rocedure, 1898, bjr N", Cﬂde of Cm g::'C'!?ode of Criminal Protetlure, 1973, as having resulted in expediting the disposal of mini Procedure' Q. 55. How far would you suggest an ezitension of the procedure for imposing a penalty - or ﬁne without trial, on the plea of the accused sent by post to the court. to cases not EL of gull", hi', covered by the present law?' Delay in small causes.

u§___ in regard to uessjous cases, an improvement over the pre-'i973 position from the point of New prncednnt 'gr.

View of ensuring 2. speed}; and 1' air trial of the accused 'P [Under the Code of 19?]. elaborate 4-on1mr'I'ment' proceedings in sessions cases are abolirtlrod. When the case is instituted on police report, the Magistrate taking cogni- zttnoe does 011]}: the preliminary work of supplying the accused with copies of the police report. statements of witnesses, documents etc.. and then sends the case to the court of session. when the case is instituted otherwise than on a police report, the Magistrate makes a preliminary inquiry and then commits the ease to the Court of Sess.iUnr.,]_ (2.57. If in your view, the procedure in the Code of 1973 in regard to sessions. cases ' >_ is not an improvement,--- $E1°thﬂ;lO°Ul?d P";

' 1'1} should the pr:-I973 position be restored. by adopting oection 20735 of the restored.

Code of 1898 as inserted in 1955 and'by making suitable modiﬁcations in various sections of the Code of 'N73 ; or (bi should the pre-i955 position be restored, by adopting sections 201' et seq. of the Code of I898 as they stood before 1955'. or [cl is it. in V-our opinion, yet too early to judge the eﬁect of the change made by the Code of 1973 ?

'Cf. section not of the Code of Civil Procedure, 19413, deﬁning "mesne proﬁts:

'Order 20A of the Code of Civil Procedure. inserted in 1975, and also section 35 of the Code.

_'Section 35A of the Code of Civil Procedure. I908. 'Section: 106 and 253. Code of C'rirninail Procedure. I973 Evidence 93 before "Q58. It has been suggested that the provision in the new Code oi Crimirial Proccottrc. :ouns of session. 1913.1 requiring the evidence in trials before lhe court of session to be taken down ordi-

Medical experts.

Corupensation vlcttrns of crime.-

Fiuality lain ous orders.

of car-

'miscellane-

I0- narily in the t'on'n of question and answer causes delay and should 'repl:iceci by 'El provision to the ellect that ordinarily it should be taken down ln tn: totm or na=.rra.twa.

What are your views in the matter '! 0.59. Therein n suggestion that in trials other than those for murder, the report of an otlicial mr:d:c-.11 expel'! as to the medical examination of any person or the post-mortcrn oxaminmiiin of any dead body should be permitted to be given in evidence, by making a suitable addition to the present section' relating to depositions of such experts, subjeﬂ go the right of um pi--.-:1-.1.-culiorr or the defence to call the expert evidcnce_ Do you agree with the suggestion?

Q.m'-, Do '_lu't'il favour any furthcr enlargement of the power' of the court to require the orln.-ndcr to properly compensate the victim of the crime.

(3.61. It has been suggested that there should he inserted in the Code of Criminal Pl'O(.'&dlll"t."i'l provision to the eat}:-ct that any person _agg.rievcd by an order of :hc Magiszrate under the following sections of the Code of Criminal Procedtlrc. 1973. may appeal to the Court of Sessions and than the order passed in such appc.'-Li shall not be subject to further appeal or revision:

Section Topic Section I25 Maintenance.

Section 12'} Alteration in maisttcnanée.

Section I33 Public Nuisances Section 145 Dispute as to immovable property, Do you agree-with the suggestions '2 GENERAL ~ (1.62. 'What changes. if any, would you suggest in the Limitation Act, the Evidence Act end the Procedural Codes in order to avoid the raising of technical arguments relating to ooncompﬁancc with their provisions '?

{NoIus.--Undcr the l.imitat1'on.Act, I963, if a suit 13 barred by limitation' than it aha]! be disrrtissed, although limitation has not been set up as a defence. 1%' technical arguments raising the question of non-compliance with the provisiozts of the Act are to be discouraged or minimised, one possible device treat 20:13.1 be ad-pied is to pr.:uiri=*:' that an objection as to limitation, if not taken at the :'E:.'J.]'il'.?:st upon unity, shalt be dis- allowed. In this connecuon, reference m_3y be n'::ec'o to an ' ' ' :11: Code of Civil Procedure. 1908. as to objections in reg.-;r:i 1.'.

,..

jlti The question to be considered is -.-;hethcr :1 similar gsrovisi-on. should be inserted in regard to the lnw of limitation, by amending the relevant portion of section 3', Limita- tion Act, I963. and also by inserting a provision barring dismissal of the suit unless the defence of limitation 'was raised at the earliest possible opportunity.

Section 2| of the amended Code of Civil Procedure, 1908 reads as follows:-+ "ll. Objections to jurisdiction-

tl) No objection as' to the' place of suing shall he allowed by any Appellate or Revisional Court unless such objection. was taken in the Court of ﬁrst instance at the earliest possible opportunity and in all cases where issues are settled at or before such settlement. and unless there has been a consequent failure of justice.

r2) No objection as to the competence of a Court with reference to the pecuniary limits of its jurisdiction shall be allowed by any Appcliate or Rcvisiortal Court "unless such objection was taken in _the Court 'of that instance at the earliest possible opportunity, and. in all cases where tissues are 'settled, at or before such setticmcnt, and unless there has been a consequent failure of ]l15liC€.'-.

(3) No objection as to the competence of the executant Court with reference to the local limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the executive' Court at the earliest possible oppo'rtuni1*y, and unless there has been a consequent failure of justice."

'Section 275:2). Codcof Criminal Procedure, 1973; 'Section 29!, Code of Criminal Procedure, 1973.

"Section 357, Code of Criminal Procedure, 1973.

'Section 3(1), Limitation Act. 1963.

'Section 2|. Code of Civil Procedure. I908. quoted infra. "Section 3. Limitation Act, 1963.

FRIVCILDUS OBJECTHBN AS AN OFFENCE (2.63. The following suggestion has been made in order to discourage frivolous ohjcc- Dolihlnle _ tions in regnrti to civil claims: gnarl at 3] until new If a party claiming to be entitled to relief of a civil nature serves due notice on lb! 95""- othct patty demanding.such.relief and the other party fails to comply with such notice within a reasonable tune without just cause urexcuse even when it is in a position to comply with the notice, wlrere 2': :'.r proved bejrprtd re-9.59.-natrble doubt fkal then: it'll!' no triabiz quesriara of fact or law which maid porsibly have supported such deliberate dis- regard of iegat rights and that the failure to comply with the notice was dishonest. Of course; the burden of proving all these ingredients may, as usual, He on the prosecution _ Do you agree -with the suggestion? [I so, for what classes of cfaims would you cooiider the anlctment of such a provision appropriate '3 (1.64. It In: been suggested that arbitration should be nude compulsory in certain types Cumpulloty arbi- of anal. Have you any suggestions to make in this regard ? Who should. in such tratien. an event. be the authority to appoint the arbitrator?

i out than to; nature an ruwah-a 5-soon

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Delay And Arrears In Trial Courts