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ANNUAL REPORT OF THE HIGH COURT OF KERALA FOR THE FINANCIAL YEAR 2015-'16 INTRODUCTION Judiciary is one of the three vital organs along with the Legislative and the Executive which serve to uphold the principles laid down in the Constitution of India. The Preamble of the Constitution ensures Justice – social, economic, political and it is the noble duty of the Judiciary to maintain and safeguard Justice. Article 214 of the Constitution stipulates that there shall be a High Court for each State. This is the Apex Court of the State empowered by Article 227 to have Superintendence over all Courts and Tribunals throughout the State. The functioning of the entire Judicial Department is overseen and monitored by the Apex Court of the State, i.e., the High Court of Kerala, the Principal seat of Justice, which is situated at Ernakulam. The detailed Report on the functioning of the entire Judicial Department for the previous financial year is compiled as the “Annual Report of the High Court for the Financial Year 2015-'16”.(01/04/'15 to 31/03/'16). 1. BRIEF HISTORY AND BACKGROUND The State of Kerala was formed on 01.11.1956 by the operation of the States Re-Organisation Act, 1956, which led to the merger of State of Travancore-Cochin (other than the territories thereof transferred to the State of Madras – now Tamil Nadu) and the Malabar District of the erstwhile Madras Presidency. The Travancore-Cochin State was formed on 01.07.1949 by the merger of the princely States of Travancore and Cochin. Consequent on the formation of Travancore-Cochin State, by Ordinance No.11 of 1124 (M.E.), the High Court of Judicature for the State was constituted with its seat at Ernakulam, and the new Travancore-Cochin High Court was inaugurated in the Ram Mohan Palace, Cochin on 7 th July 1949, by Honourable Mr.Justice P.V.Rajamannar, the Chief Justice of the Madras High Court. The first Chief Justice of the new High Court was Honourable Mr.Justice Puthuppalli S. Krishna Pillai and the total Judges' strength was 8 including the Chief Justice. This High Court ceased to exist on 31.10.1956. With the formation of the State of Kerala in 1956, the High Court of Kerala was inaugurated on 05.11.1956 with the Honourable Mr.Justice K.T.Koshi as the Chief Justice and the Honourable

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Page 1: ANNUAL REPORT OF THE HIGH COURT OF KERALA ...highcourtofkerala.nic.in/downloads/AnnualReport2015-16.pdfANNUAL REPORT OF THE HIGH COURT OF KERALA FOR THE FINANCIAL YEAR 2015-'16 INTRODUCTION

ANNUAL REPORT OF THE HIGH COURT OF KERALA FOR THEFINANCIAL YEAR 2015-'16

INTRODUCTION

Judiciary is one of the three vital organs along with the Legislative and the

Executive which serve to uphold the principles laid down in the Constitution of India.

The Preamble of the Constitution ensures Justice – social, economic, political and it is

the noble duty of the Judiciary to maintain and safeguard Justice.

Article 214 of the Constitution stipulates that there shall be a High Court

for each State. This is the Apex Court of the State empowered by Article 227 to have

Superintendence over all Courts and Tribunals throughout the State.

The functioning of the entire Judicial Department is overseen and

monitored by the Apex Court of the State, i.e., the High Court of Kerala, the Principal

seat of Justice, which is situated at Ernakulam. The detailed Report on the functioning

of the entire Judicial Department for the previous financial year is compiled as the

“Annual Report of the High Court for the Financial Year 2015-'16”.(01/04/'15 to

31/03/'16).

1. BRIEF HISTORY AND BACKGROUND

The State of Kerala was formed on 01.11.1956 by the operation of the States

Re-Organisation Act, 1956, which led to the merger of State of Travancore-Cochin

(other than the territories thereof transferred to the State of Madras – now Tamil Nadu)

and the Malabar District of the erstwhile Madras Presidency. The Travancore-Cochin

State was formed on 01.07.1949 by the merger of the princely States of Travancore

and Cochin. Consequent on the formation of Travancore-Cochin State, by Ordinance

No.11 of 1124 (M.E.), the High Court of Judicature for the State was constituted with its

seat at Ernakulam, and the new Travancore-Cochin High Court was inaugurated in the

Ram Mohan Palace, Cochin on 7thJuly 1949, by Honourable Mr.Justice

P.V.Rajamannar, the Chief Justice of the Madras High Court.

The first Chief Justice of the new High Court was Honourable Mr.Justice

Puthuppalli S. Krishna Pillai and the total Judges' strength was 8 including the

Chief Justice. This High Court ceased to exist on 31.10.1956. With the formation of

the State of Kerala in 1956, the High Court of Kerala was inaugurated on 05.11.1956

with the Honourable Mr.Justice K.T.Koshi as the Chief Justice and the Honourable

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Justice K.Sankaran, G.Kumara Pillai, M.S.Menon, T.K.Joseph and N.Varadaraja

Iyengar as the puisne Judges. The Union Territory of the Laccadive, Minicoy and

Amindivi Islands was also brought under the jurisdiction of the new High Court by

Section 60 of the States Reorganisation Act. The Ram Mohan Palace continued to

serve as the seat of the High Court till 2006. Considering the space constraints in Ram

Mohan Palace, a new nine-storeyed building for the High Court was constructed

adjacent to it and was inaugurated on 11.02.2006, by the Honourable Mr.Justice

Y.K.Sabharwal, the then Chief Justice of India at a function presided by the Honourable

Mr.Justice V.K.Bali, the then Chief Justice of the High Court of Kerala.

The sanctioned strength of the High Court of Kerala was increased from time

to time considering the manifold increase in the number of cases coming before it for

adjudication, increase in number of Subordinate Courts etc. among other factors.

During the period under report, out of the sanctioned strength of 27 permanent Judges

and 11 additional Judges, 26 permanent Judges and 9 additional Judges were in

position at the end of the year under report.

The High Court of Kerala has many unprecedented features to its credit.

Honourable Mrs.Justice Anna Chandy was the first woman in the history of the country

to adorn the office of a High Court Judge. Kumari Justice M.Fathima Beevi was the first

woman High Court Judge to be elevated to the Supreme Court of India.

2. Landmark Decisions of Public ImportanceDetails of important decisions reported in I.L.R. (Kerala Series) for 2015 - 2016

Sl. No. Case No. and date of judgment Subject1 Crl.M.C. No.6093 of 2014 dated

03.12.2014National Investigation Agency Act, 2008 – Section21

2 W.P.(C) No.35380 of 2014 dated10.04.2015

Passports Act,1967 – Section 6

3 Crl.A. No.844 of 2000 dated 20.05.2015 Code of Criminal Procedure, 1973 – Section 1974 W.A. No.658 of 2015 dated 27.05.2015 Constitution of India – Article 725 Crl.A. No.1157 of 2010 dated 05.06.2015 Evidence Act, 1872 – Section 32(1)

6 Crl.M.C. No.4381 of 2010 dated26.03.2015

Penal Code, 1860 – Section 302

7W.P.(C) No.25231 of 2014 dated08.04.2015

Prevention of Cruelty to Animals Act, 1960 –Sections 3, 11 and 22

8 W.P.(C) No.28492 of 2015 dated29.09.2015

Advocates Act, 1961 – Section 49(1)(d)

9 W.A. No.1367 of 2012 dated 23.12.2015 Advocates Act, 1961 – Sections 16(3) and 14(1)(g)

10 O.P.(RC) No.62 of 2015 dated26.10.2015

Civil Procedure Code (Alternate Dispute Resolution)Rules, 2008 – Rule 24

11 O.P.(C) No.496 of 2011 dated 27.10.2014 Code of Civil Procedure, 1908 – Order VIII, Rule 6A

12 M.A.C.A. No.35 of 2008 dated22.12.2015

Code of Civil Procedure, 1908 – Order XLI, Rule 11

13 O.P.(Crl.) No.302 of 2014 dated09.10.2015

Code of Criminal Procedure, 1973 – Sections 173(2), 173(8) and 190(1)(c)

14 B.A. No.5958 of 2015 dated 01.10.2015 Code of Criminal Procedure, 1973

15 Civil Appeal No.4157 of 2015 dated29.12.2015

Constitution of India – Article 14

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16 W.P.(C) No.3450 of 2014 dated17.08.2015

Constitution of India – Articles 14, 15(1) & (2)

17 W.P.(C) No.23497 of 2015 dated23.11.2015

Constitution of India – Article 51A

18 W.P.(C) No.17539 of 2014 dated06.08.2015

Constitution of India – Article 226

19 O.P.(FC) No.169 of 2014 dated03.12.2014

Divorce Act, 1869 – Sections 10(1)(i),(x) and 11(b)

20 W.P.(C) No.19008 of 2013 dated17.12.2015

Education Rules, 1959

21 W.A. No.89 of 2011 dated 19.11.2015 Forest (Conservation) Act, 1980 – Section 222 M.A. No.43 of 2013 dated 21.01.2016 Hindu Marriage Act, 1955 – Section 1323 W.A. No.265 of 2015 dated 21.08.2015 Industrial Disputes Act, 1947 – Section 2(k) and 2A24 W.A. No.1524 of 2014 dated 25.01.2016 Judicial Officers Protection Act, 1963 – Section 2

25 W.P(C) No.13110 of 2015 dated06.11.2015

Maintenance and Welfare of Parents and SeniorCitizens Act, 2007 – Section 23

26 W.P.(C) No.7045 of 2016 dated29.02.2016

Motor Vehicles Act, 1988 – Sections 52 and 53

27 M.A.C.A. No.2482 of 2009 dated17.12.2015

Motor Vehicles Act, 1988 – Section 166

28 W.A. No.2051 of 2015 dated 15.12.2015 Panchayat Raj Act, 1994 – Sections 271F(1)(g) and271 O(3)

29W.A. No.1391 of 2015 dated 20.07.2015 Persons with Disabilities (Equal Opportunities,

Protection of Rights and Full Participation) Act, 1995– Section 38

30 W.P.(C) No.22682 of 2010 dated28.09.2015

Prevention of Cruelties to Animals Act, 1960 –Sections 21, 22 and 38

31 Crl.R.P. No.102 of 2014 dated02.07.2015

Protection of Woman from Domestic Violence Act,2005 – Sections 17, 19(1)(f) and 19(6)

32 W.P.(C) No.10086 of 2013 dated10.12.2015

Right to Information Act, 2005 – Sections 2(f), 2(j)and 3

33 Crl.A No.1064 of 2015 dated 27.11.2015 Unlawful Activities (Prevention) Act, 1967 – Section43(D)(2)

34C.R.P. No.456 of 2011 dated 29.10.2015 Wakf Act, 1995 – Section 51

3. Status of Infrastructure of the High Court and District/Subordinate Courts

High Court

Sl.No: Name of the Project Expenditure Source of

Fund

The presentstatus of the

project1 Installation of the Escalator

up to the 5th Floor of thenew High Court complexand the erection of Tensileshade canopy roofing overcourtyard above theEscalators

`1,37,50,000/-,

`1,30,00,000/- &

`96,00,000/-

PWD Head ofAccountant

4059-60-051-73-75%(CSS)

Progressing(Final Phase)

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Sl.No: Name of the Project Expenditure Source of

Fund

The presentstatus of the

project2 Renovation of the High

Court Auditorium byproviding Air Conditioning,rearrangement of electricalinstallation and installationof Acoustics arrangement

`3,70,00,000/- PWD Head ofAccountant

4059-01-051-86-public

works - CivilWorks (P.V.)

Progressing(Final Phase)

DETAILS OF VEHICLES PURCHASED/CONDEMNED IN THE HIGH COURTDURING 2015-'16

Purchase

Model of Vehicle RegistrationNumber Amount Particulars

Toyota Corolla Altis G Car KL-7-CE-9209 `14,39,766/- G.O(Rt)No.1086/2015/Home,dt., 7.7.2015

“ KL-7-CE-9210 “ “

“ KL-7-CE-9230 “ “

“ KL-7-CE-9242 “ “

“ KL-7-CE-9248 “ “

“ KL-7-CE-9259 “ “

“ KL-7-CE-9262 “ “

“ KL-7-CE-9269 “ “

“ KL-7-CE-9274 “ “

“ KL-7-CE-9190 “ “

“ KL-7-CE-9211 “ “

Total = `1,58,37,426/-(Rupees One Crore Fifty Eight Lakh Thirty Seven Thousand FourHundred and Twenty Six only)

Disposed/Condemned

The Government, as per letter No:7395/C2/2016/Home dt., 29.03.216 had informed

that the Purchasing Authority should take immediate action for allotting the 11 numbers

of old Mitsubhishi Cars for the use of other departments or to dispose the same in

Public auction. Accordingly, the High Court has taken steps for the auctioning of the

above said cars.

DETAILS OF VEHICLES PURCHASED/CONDEMNED IN THE SUBORDINATE CIVIL

COURTS DURING 2015-'16

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Purchase

Model of Vehicle Name of Court Amount Particulars

Maruti Swift Dzire, Ldi Judge, FamilyCourt, Attingal `6,12,935/- G.O(Rt)No.1657/2015/Home,

dt., 4.7.2015

“ Judge, FamilyCourt, Chavara `6,12,308/- “

Disposal Registration Number &Make Model of Vehicle

Name ofCourt Upset value Particulars

KL-08-J-7263,Ambassador, 1996 model

Family Court,Nedumangad `20,000/- G.O(Rt)No.65/2015/Home,

dt., 13.01.2015

KL-07-L-6117,Ambassador, 1995 model

District Court,Kozhikode `22,000/- G.O(Rt)No.782/2015/Home,

dt., 27.03.20154. Sanctioned / Working Strength and Vacancies of Judges in the High Court:

During the period under report, out of the sanctioned strength of 27

permanent Judges and 11 additional Judges, 22 permanent Judges and 9 additional

Judges were in position at the beginning of the year; 26 permanent Judges and 9

additional Judges were in position at the end of the year under report. The Personnel

in the Office of the Chief Justice and the Judges in the High Court as on 31/03/2016

were as follows:

List of Judges as on 31.03.2016 - Permanent

1.Mr.Justice Ashok Bhusan, Chief Justice : B.A., LL.B.

2.Mr.Justice Thottathil B.Radhakrishnan : B.Sc., LL.B.

3.Mr.Justice K.T.Sankaran : B.Sc., LL.B.

4.Mr. Justice Antony Dominic : B.A., LL.B.

5.Mr.Justice P.N.Ravindran : B.Sc., LL.B.

6.Mr.Justice K.Surendra Mohan : B.Sc., LL.M.

7.Mr.Justice P.R.Ramachandra Menon : M.A., LL.B.

8.Mr.Justice C.K.Abdul Rehim : B.Sc., LL.B.

9.Mr.Justice C.T.Ravikumar : B.Sc., LL.B.

10.Mr.Justice P. Bhavadasan : B.Sc., LL.B.

11.Mr.Justice V.Chitambaresh : B.Sc., LL.B

12.Mr.Justice A.M.Shaffique : B.Sc., LL.B.

13.Mr.Justice K.Harilal : B.A., LL.B.

14.Mr.Justice K.Vinod Chandran : B.Sc., LL.B.

15.Mr.Justice.Babu Mathew P.Joseph : B.A., LL.B.

16.Mr.Justice P.D. Rajan : B.A., LL.B.

17.Mr. Justice K. Ramakrishnan : B.Sc., LL.B.

18.Mr.Justice B. Kemal Pasha : B.Sc., LL.M.

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19.Mr.Justice A. Hariprasad : B.Sc., LL.B.

20.Mr. Justice Dama Seshadri Naidu : B.A. B.L.

21.Mr.Justice P. Ubaid : B.A., LL.B.

22.Mr.Justice K. Abraham Mathew : B.Sc., LL.B.

23.Mr.Justice Alexander Thomas : M.Sc., LL.B.

24.Mr.Justice A. Muhammed Mustaque : LL.B., LL M.

25.Mr.Justice A.K. Jayasankaran Nambiar : B.Sc.,LL.B.,M.A.(Oxon)

26.Mr.Justice Anil K. Narendran : B.Sc., LL.B.

Additional1.Smt. Justice P.V. Asha : B.Sc., LL.B.

2.Mr. Justice P.B. Suresh Kumar : B.Sc., LL.B.

3.Mr. Justice Sunil Thomas : B.Sc., LL.B.

4.Mr. Justice Shaji P. Chaly : B.A., LL.B.

5.Mrs. Justice Anu Sivaraman : B.A., LL.B.

6. Mr. Justice Raja Vijayaraghavan V. : B.Tech., LL.B.

7. Mr. Justice B. Sudheendra Kumar : B.Sc., LL.M.

8. Mr. Justice K.P. Jyothindranath : B.Sc., LL.B.

9. Mrs. Justice Mary Joseph : B.Sc., LL.M.

Subordinate Courts:(as on 31.3.2016)

During the period under report, out of the sanctioned strength of 152 District

Judges/Additional District Judges, the working strength was 135 and the vacancy was

17.

Out of the sanctioned strength of 73 Sub Judges/Chief Judicial Magistrates, 70

were in position and the vacancy was 3.

Out of the sanctioned strength of 239 Munsiff-Magistrates, 234 Officers were in

position with a vacancy of 5 Officers, at the end of the financial year.

In the Union Terriory of Lakshadeep, out of the sanctioned strength of 1 District

Judge, 1 Sub Judge/CJM and 1 Munsiff-Magistrate, all were in position during the year

under report.

5.HUMAN RESOURCES DEVELOPMENTDETAILS OF PROGRAMMES CONDUCTED BY THE KERALA JUDICIAL ACADEMYIN THE YEAR 2015-16 ARE THE FOLLOWING:1. ATTITUDE, SKILL, KNOWLEDGE ( ASK ) TRAINING PROGRAMMES

ProgrammeName

Category Date of Training No of Officersattended

1. ASK–P1 District Judges 18-06-2015 to 20-06-2015 36

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2. ASK–P2 District Judges 17-09-2015 to 19-09-2015 38

3. ASK–P3 District Judges 3-12-2015 to 5-12-2015 40 4. ASK–P1 Sub Judges/CJMs 23-07-2015 to 25-07-2015 40 5. ASK–P2 Sub Judges/CJMs 15-10-2015 to 17-10-2015 41 6. ASK–P1 Munsiff-

Magistrates20-08-2015 to 22-08-2015 41

7. ASK–P2 Munsiff-Magistrates

19-11-2015 to 21-11-2015 41

8. ASK–P3 Munsiff-Magistrates

04-02-2016 to 06-02-2016 40

TOTAL 317

2. DISTRICT LEVEL TRAINING PROGRAMME FOR THE JUDICIAL OFFICERS

Category Districts Place of Training & DateNo of

Officersparticipated

JudicialOfficers Thiruvananthapuram

The District Court,Thiruvananthapuram on06.06.2015

50

JudicialOfficers

Kollam &

Pathanamthitta

District Court, Kollam.on 04-07-2015 48

JudicialOfficers Thrissur District Court Thrissur

on 01-08-2015 30

JudicialOfficers Alappuzha District Court, Alappuzha

on 19-09-2015 33

JudicialOfficers

Kottayam &

Thodupuzha

District Court, Kottayamon 17-10-2015 43

JudicialOfficers Palakkad & Manjeri District Court, Palakkad

on 28-11-2015 48

JudicialOfficers

Thalassery &Kasaragod

District Court, Thalasseryon 05-03-2016 41

TOTAL 293

3. INDUCTION TRAINING FOR THE NEWLY RECRUITED DISTRICT JUDGES

• One month Induction Training for the newly recruited 6 District Judges,

commenced at the Kerala Judicial Academy on 20-07-2015 and concluded on

19-08-2015.

• Colloquium on PoCSO Act – Training for District Judges on the provisions of

PoCSO Act at Kerala Judicial Academy on 12.03.2016.

4. INDUCTION TRAINING FOR THE MUNSIFF-MAGISTRATE TRAINEES

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• The Induction Training for the 66 Munsiff-Magistrate trainees (2014-15 batch)

commenced at the Kerala Judicial Academy on 15-12-2014. The first phase of

the training at the Academy concluded on 13-03-2015. The trainees were

deputed to various civil and criminal courts for court training from 16-03-2015 to

12-06-2015.

• The second phase of the Induction Training for the Munsiff-Magistrate Trainees

(2014-15 batch) which commenced at the Kerala Judicial Academy on 15-06-

2015 and concluded on 11-09-2015.

• The final phase of the Induction Training for the Munsiff-Magistrate trainees

(2014-15 batch) which commenced at the Academy on 16-11-2015.

• Training on Ubuntu 14.04 and CIS software for Munsiff-Magistrate trainees

(2014-15 batch) from 19-11-2015 to 21-11-2015.

• 40 hours’ training on Mediation for the Munsiff-Magistrate trainees (2014-15

batch) from 23-11-2015 to 27-11-2015.

• Seminar on ‘Cyber Forensics’ for the Munsiff-Magistrate Trainees (2014-15

batch) conducted by C-DAC, Thiruvavanthapuram at Kerala Judicial Academy

on 27.12.2015 to 30.12.2015.

• Seminar on ‘Introduction to Judging’ for the Munsiff-Magistrate Trainees

(2014-15 batch) on 16-01-2016 in connection with the inauguration of the new

campus of the Kerala Judicial Academy at Athani.

5. INDUCTION TRAINING PROGRAMMES

• Induction Training for the Munsiff-Magistrate Trainees (2014-15 batch).

• One month Induction Training for the newly recruited District Judges from 20-07-

2015 to 19-08-2015.

• Induction Training for the trainee Principal Counsellors of Family Courts from

26th to 31st October and from 14th to 19th December, 2015.

6. OTHER TRAINING PROGRAMMES

• Refresher Course for MACT Judges held at the Kerala Judicial Academy on30.05.2015.

• Training for the newly recruited Personal Assistants (Grade II) to Judge andConfidential Assistants Grade II to be conducted in 30 sessions on every workingSaturday commenced on 25-07-2015.

• Training Programme for the young lawyers of Kottayam district at the DistrictCourt, Kottayam on 03-08-2015 and 04-08-2015.

• Training for Probation Officers in association with the Social Justice Department,Government of Kerala on 25-09-2015 & 26-09-2015.

• Training for temporary Munsiff-Magistrates from 04-05-2015 to 08-05-2015.

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• Training for temporary Munsiff-Magistrates from 07-10-2015 to 14-10-2015.

• Training for the Principal Counsellors of Family Courts on 17-12-2015 &18-12-2015.

• Seminar on ‘Nuances of Legal Education’ for the Judicial Officers on16-01-2016 in connection with the inauguration of the new campus of the KeralaJudicial Academy at Athani.

• ‘Training of Trainers’ (Sub Judges and Munsiff-Magistrates) to impart trainingto the staff of Subordinate Courts on 11-02-2016 and 12-02-2016.

• Training for District Government Pleaders on 15-02-2016 and 16-02-2016.

• Training for the Principal Magistrates of Juvenile Justice Boards on 20-02-2016.

7. TRAINING FOR THE JUDICIAL OFFICERS ON UBUNTU 14.04 and CASEINFORMATION SYSTEM - was held in association with the e-Courts Cell, HighCourt of Kerala as follows:

Sl.No. District Venue Date

1. Ernakulam High Court of Kerala 21-07-2015 to 26-07-2015

2 ThiruvananthapuramDistrict Court,Thiruvananthapuram

22-07-2015 to 25-07-2015

3. Thodupuzha District Court,Thodupuzha 28-07-2015 and 29-07-2015

4. Kasaragod District Court,Kasaragod 20-07-2015 and 21-07-2015

5. Thalassery District Court,Thalassery 22-07-2015 and 23-07-2015

6. Manjeri District Court,Manjeri 24-07-2015 and 25-07-2015

7. Kollam District Court,Kollam 03-08-2015 to 04-08-2015

8. Pathanamthitta District Court,Pathanamthitta 06-08-2015 to 07-08-2015

9. Kottayam District Court,Kottayam 10-08-2015 to 11-08-2015

10. Thrissur District Court,Thrissur 03-08-2015 to 04-08-2015

11. Palakkad District Court,Palakkad 06-08-2015 to 07-08-2015

12. Kozhikode District Court,Kozhikode 03-08-2015 to 04-08-2015

13. Kalpetta District Court,Kalpetta 06-08-2015 to 07-08-2015

14. Alappuzha District Court,Alappuzha 12-08-2015 to 13-08-2015

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8. NUMBER OF PARTICIPANTS ATTENDED IN OTHER TRAINING PROGRAMMES

Training programmeNumber of

participants

Refresher Course for MACT Judges held at the Kerala JudicialAcademy on 30.05.2015 39

Training for the newly recruited Personal Assistants (Grade II) toJudge and Confidential Assistants Grade II to be conducted in 30sessions onevery working Saturday commenced on 25-07-2015.

21

Training Programme for the young lawyers of Kottayam districtat the District Court, Kottayam on 03-08-2015 and 04-08-2015. 24

Training for Probation Officers in association with the Social JusticeDepartment, Government of Kerala held at Kerala JudicialAcademyon 25-09-2015 & 26-09-2015

39

Training for temporary Munsiff-Magistrates held atKerala Judicial Academy on from 04-05-2015 to 08-05-2015 28

Training for temporary Munsiff-Magistrates held atKerala Judicial Academy on from 07-10-2015 to 14-10-2015 28

Induction training for the newly recruited Principal Counsellors ofFamily Courts, held at Kerala Judicial Academy and court trainingon 26-10-2015 to 19-12-2015.

12

Training for the in service Principal Counsellors of Family Courts,held at Kerala Judicial Academy on 17-12-2015 & 18-12-2015 16

Seminar on ‘Nuances of Legal Education’ for the Judicial Officerson16-01-2016 in connection with the inauguration of the newcampus of the Kerala Judicial Academy at Athani

69

‘Training of Trainers’ (Sub Judges and Munsiff-Magistrates) toimpart Training to the staff of Subordinate Courts on 11-02-2016and 12-02-2016.

39

Training for District Government Pleaders at Kerala JudicialAcademy on 15-02-2016 and 16-02-2016 . 33

Training for the Principal Magistrates of Juvenile Justice Boards on20-02-2016. 16

Colloquium on PoCSO Act – Training for District Judges on theprovisions of PoCSO Act at Kerala Judicial Academy on12.03.2016.

24

9. TRAINING PROGRAMMES CONDUCTED BY THE NATIONAL JUDICIALACADEMY, BHOPAL• 25 Judicial Officers were nominated for the various training programmes conducted

by the National Judicial Academy.

10. TRAINING PROGRAMMES CONDUCTED BY VARIOUS INSTITUTIONS

• 2 District Judges were nominated for attending the two day workshop on ‘DNA

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Fingerprinting’ conducted by the Sardar Vallabhbhai Patel National Police Academy,

Hyderabad on 17th and 18th August, 2015.

• 2 Judicial Officers were nominated for attending the Course on Forensic Science

and Forensic Medicine conducted by the LNJN National Institute of Criminology and

Forensic Science, Delhi from 31st August to 4th September, 2015.

• 2 Judicial Officers were nominated for attending the Course on Forensic Science

and Forensic Medicine conducted by the LNJN National Institute of Criminology and

Forensic Science, Delhi from 31st August to 4th September, 2015.

• 2 Judicial Officers were nominated for 2 day training programme conducted by the

National Human Rights Commission in collaboration with the Indian Law Institute for

Judicial Officers (District Judges & Senior Judicial Officers), held at the premises of

the Indian Law Institute, New Delhi on 3rd and 4th October, 2015.

• 1 District Judge was nominated for attending the “Sensitization Programme on

Forest and Environment Issue” conducted by the Indira Gandhi National Forest

Academy, Dehradun from 18 to 20 November, 2015.

• 3 District Judges were nominated for attending the two day National Seminar on

‘Sentencing and Appreciation of Electronic Evidence’ conducted by the High Court

of Orissa on the 13th and 14th February, 2016 at the campus of the Odisha Judicial

Academy, Cuttack.

NEW ACADEMY BUILDING AT ATHANI, ALUVA

• On 19/11/2011, the foundation stone was laid by Hon’ble Mr. Justice Jasti

Chelameswar, Judge, Supreme Court of India, for constructing a new building for

the Academy at Athani, Aluva. The construction work was entrusted with M/S

Hindustan Prefab Ltd, an approved Central Government agency. The Hon’ble The

Chief Justice of India Mr. Justice. T S THAKUR inaugurated the new campus of the

Kerala Judicial Academy, at Athani on 16-01-2016.

THE ACADEMY LIBRARY

• The Kerala Judicial Academy has a full-fledged library with 16,500 books. It has 6

legal databases - AIR PC, AIR SC+Cr LJ, SCC, KHC, KLT and The Laws Super.

The library has online data access to Manupatra.com, SCC online web and CDJ. It

subscribes 13 law journals – AIR, SCC (civil), SCC (crl), Cr LJ, ACJ, KLT, KLJ, KHC,

ILR, CCL, KCL, KLD & All E.R

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6.STATUS OF COMPUTERISATION OF HIGH COURT AND

DISTRICT/SUBORDINATE COURTS High Court:

Last year, the High Court had purchased 83 Personal Computers, Two 40 KVA

UPS, Three rack Servers and 38 Printers to meet the growing need of Hardware in the

High Court. Fifteen copiers had also been purchased. Under the 13th Finance

Commission Award, the High Court procured 29 Desktop System, one Laptop, one

Electronic Label Machine and Two Printers. In addition to this, 33 Laptops and 38

Printers were purchased for the Hon'ble Judges, during the financial year 2015-16.

Subordinate Courts:

As part of computerization of the District Courts and the Subordinate Judiciary

in the State, the High Court of Kerala commenced the ambitious e-Courts project in the

year 2009. The project has been conceptualized for Implementation of Information and

Communication Technology in the Indian Judiciary by the eCommittee of the Supreme

Court of India. The State has launched all initiatives as envisaged by the eCommittee

towards this end.

Phase-I of e-Courts Project :

Progress made during the financial year 2015-2016 under the various initiatives

undertaken in Phase-I of e-Courts Project are as follows.

Video Conferencing (VC):

Installation of Video Conferencing facility initiated by the

e-Committee, Supreme Court of India has been completed in 6 District Courts and 3

District Jails in the State and in the District Court, Kavaratti, U.T. of Lakshadweep.

Installation of VC facility in the District Jail, Kozhikode and 2 Courts and 3 Jails in the

U.T. of Lakshadweep is in progress.

VpnoBB:VpnoBB facility has been provided to 117 court complexes in the State.

Leased line:Leased line connectivity has been provided to 19 Court Complexes in the

State. Connectivity is also available in the District Court, Kollam through LAN from NIC

District Centre. The leased line connectivity is now available at all the district courts

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except Wayanad.

In the districts of Ernakulam and Kozhikode leased line connectivity has

been provided to 4 and 3 court complexes respectively.

Creation of Websites of District Courts:

The launching of separate district portal in Drupal template designed for each

district has been completed in all the 14 districts in the State and District Court,

Kavaratti, U.T. of Lakshadweep.

Uploading of data onto NJDG:

440 Courts are uploading data on NJDG portal on daily basis. The High Court

monitors the data uploaded on the National Judicial Data Grid (NJDG) on a daily basis.

CIS version 2.0:The process of data migration to CIS 2.0 has been completed successfully at

Court Complex, Kaloor, Ernakulam which is identified as pilot location in the State. The

replication of data on NJDG has also been completed.

Utilization Certificates:The Utilization Certificates for the advances released under various sub-heads

of e-Courts Project Phase-I for High Court of Kerala has been forwarded to NIC, New

Delhi so as to enable them to settle with Department of Justice for Phase-I of the

Project during FY 2015 - 2016.

Technical Manpower:In order to support ICT enablement in the State Judiciary, the technical

manpower deployment was entrusted to IHRD for a period of one year from 14th

October 2015.

At present a total of 1 SSO(Senior System Officer), 15 SO (System

Officer) and 30 SA (System Assistant) have been deployed at the High Court and the

District Courts.

SMS:SMS Gateway is open for all Court Complexes across the State. The SMS

facility is now functional in 13 districts (19 Court Complexes) except Kalpetta, where

Leased line facility is not available.

Training of Judicial Officers and Court Staff:

The High Court has imparted district level training programme in Ubuntu 14.04

and CIS to 371 judicial officers during the financial year 2015-2016.

Training programme in Libre Office Writer was imparted to 1245 Stenographers

and Typists working in the Subordinate Courts during the financial year.

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Phase-II of e-Courts Project :In the Ist stage of the Phase-II of e-Courts Project 339 Courts have been

included in the list for which fund has been sanctioned.

District Court Computer Committees have been constituted in all the 14 districts

for the implementation of e-Courts Project, Phase-II.

The High Court has completed e-procurement of desktops and installation of the

same is under way. Steps are being taken to invite e-tender for supplying and

commissioning of LAN in Subordinate Courts.

The details of hardware provided under phase-II of the e-Courts Project is as

shown below:

Sl.No: Item Total Quantity

Part-A Regular Desktops for Subordinate Courts (under the e-Courts Project)

1 Regular Desktop with i5 or equivalent processor 339

2 Regular Desktop with i3 or equivalent processor 1017

The e-Procurement of hardware for the 4 numbers of SC/ST Courts and 15

numbers of newly established Courts under the State fund have also been completed

and installation work is in progress. The 455 printers sanctioned by the State

Government have been procured through e-Tender and the allotment of the same to

the judicial officers is progressing.

The details are as shown below:

Sl.No: Item Total Quantity

Part-B 4 Nos. of SC/ST Courts & 15 Nos of newly established Courts(under the State Fund)

1 Desktops 65

2 Dot Matrix Printer 65

3 Monochrome Laser Printer 19

4 UPS 65

455 Printers for Judicial Officers (under the State Fund)

5 Monochrome Laser Printer 455

7. FINANCIAL STATEMENT OF BUDGET AND EXPENDITURE

The aggregate income of the Department (Civil & Criminal)(Statement No:9) during the

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year under report was `2,02,06,54,252/-(`2,04,81,44,736/-) consisting of:

Receipt in Cash :

`122,94,14,698/- (`114,87,23,839/-)

Receipt of Court Fee in Stamps :

`79,12,39,554/- (`89,94,20,897/-)

Receipt in Court fee is accounted in the Stamp Revenue in the Annual Budget of

the State. The total expenditure during the year under report was `5,13,44,87,212/-

(`4,63,23,79,190/-). A sum of `87,61,245/- (`99,68,207/-) was spent under the Legal

Aid to the poor scheme during the year. The grants allotted during the period was

`5,12,47,35,000/-(`4,63,29,45,000/-)

The difference between the expenditure and the final grant has been taken up

with the Government for regularization under the provisions of Article 205 of the

Constitution.

i).Budget provisions of the department/organization as a whole and non-plan schemes.

The explanation for excess or savings amounting to Rs.5 lakh or more than 10%

of the total budget grant as informed to the AG in connection with skeleton accounts

are the following:

2014-00-102-99-High Court (Charged Non-Plan)

The main difference between the grant and actual expenditure is under the

detailed head 01-Salaries. At the time of calculation of expenditure for the purpose of

surrender of savings, certain Recoveries of Overpayment (ROP) under the head of

account 01-Salaries were omitted to be included. Hence, the expenditure reported was

greater than the actual expenditure which resulted in finalizing the grant at a higher

amount than the expenditure and caused the variation of `12,07,405/- between the

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grant and actual expenditure.

2014-00-117-99-Family Courts (Voted Non-Plan)

The final resumption made under the head of account was based on the

expenditure reported by the 28 Sub Controlling Officers as on 31st March. The

expenditure figures under the head 01-Salaries reported by some of the Sub

Controlling Officers over telephone were less than the actual expenditure incurred by

them. Inspite of all precautions taken by the High Court as detailed in the Kerala

Budget Manual, the omission could be completed only upto to the month of December

2015 at the time of final resumption. Hence, the expenditure calculated was lesser

than the actual expenditure which resulted in finalizing the grant at a lower amount than

necessary and caused excess expenditure of `16,88,173/- over the final grant.

2014-00-800-93-Provision for satisfying the Supreme Court directions to provide betterservice conditions to Judicial Officers(Voted Non-Plan)

The main difference between the final grant and actual expenditure is under

head 06-RRT. This difference is because the AG may not have taken into account the

transfer entries from 06-RRT of various minor heads to the head of account 800-93-06-

RRT which the High Court had already forwarded to the respective Offices of the AG

after reconciliation of departmental figures with the figures booked by the AG.

2014-00-800-89-Fast Track Courts established under the XI th Finance Commission Recommendations (Voted Non-Plan)

The final resumption made under the head of account was based on the

expenditure of 38 Fast Track Courts reported by the Sub Controlling Officers as on 31st

March. The expenditure figures under the head 01-Salaries reported by some of the

Sub Controlling Officers over telephone were less than the actual expenditure incurred

by them. Inspite of all the precautions taken by the High Court as detailed in the Kerala

Budget Manual, the omission could note be detected by the High Court as

reconciliation of accounts could be completed only up to the month of December, 2015

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at the time of final resumption. Hence, the expenditure calculated was lesser than the

actual expenditure which resulted in finalizing the grant at a lower amount than

necessary and caused excess expenditure of `38,04,854/- over the final grant.

2014-00-800-86-Improvement of Justice Delivery - 13 th Finance Commission Recommendations

The main difference between the final grant and actual expenditure is under the

detailed head 01-Salaries. The difference is mainly because the AG may not have

been taken into account the additional transfer entries from 2014-00-800-86-01-

Salaries to the heads of account 2014-00-114-97 & 2014-00-114-98 which the High

Court has already forwarded to the respective Offices of the AG after reconciliation of

departmental figures with the figures booked by the AG. These misclassification relate

to the salary bills encashed by the Assistant Public Prosecutors in the JFCM Courts

established under the 13th Finance Commission and Special Prosecutors for Nano-

Excel cases, Thrissur.

Annual Plan Proposals 2016-17

Both the annual plan and non-plan budget proposals relating to the Judiciary for

the year 2016-17 have already been furnished to the government well before the

prescribed time limit. The abstract showing the details of the same are as shown below

Sl.No Scheme

Proposedamount

(In Lakhs)

1 Planning and Management Unit in the High Court & setting up ofModel Courts `238.36

2 SC/ST Courts `1126.85

3 e-governance of High Court `922.00

4 e-governance and modernization of subordinate courts `426.50

Total `2713.71

Non-Plan Budget proposals 2016-17

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Name of Courts `

102-97 Computerization of High Court (C NP) 19600000

102-98 Purchase of books for High Court Library (C NP) 5489000

102-99-High Court (C NP) 1077889000

103-99-Addl. CJM (EO) Ernakulam (V NP) 8673000

103-98-SC/ST Courts (V P) 0

105-99-Civil & Session Courts (V NP) 2593715000

105-98 MACT (V NP) 241868000

105-97- Establishment for new and additionalcourts/Tribunal 1000

108-99-Criminal Courts (V NP) 930965000

112-99-Official Receivers (V NP) 7359000

117-99-Family Courts (V NP) 373604000

800-93-Supreme Court Direction to provide betterservice conditions to judicial Officers (V NP) 51855000

800-89-Fast Track Courts (V NP) 178476000

800-88-Gram Nyayalayas (V NP) 150817000

800-87-Purchase and installation of computers insubordinate Courts 42355000

800-86-Improvement of Justice Delivery -13th Finance Commission (V NP) 195871000

800-85-Implementation of e-Court (VNP) 43169000

800-84-Kerala Judicial Academy (V NP) 121619000

Total 6043325000

Iii). Progress in departmental reconciliation

Reconciliation of receipts and expenditure of heads of accounts operated

and controlled by the High Court of Kerala for the year 2015-16 have already been

completed and reconciliation certificates have been forwarded to the respective AG's

Offices.

iv). Details of staff used used exclusively for internal audit

Internal audit was not conducted during the year 2015-16

v). Audit committee meetings conducted - nil

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vi). Details of outstanding paras in the inspection reports of Accountant General

Sl.No: Description of Inspection Reports

1 Inspection report on the actions of the District Court, Thiruvananthapuram

2 Inspection report on the actions of the District Court, Kollam

3 Inspection report on the actions of the District Court, Pathanamthitta

4 Inspection report on the actions of the District Court, Kottayam

5 Inspection report on the actions of the District Court, Alappuzha

6 Inspection report on the actions of the District Court, Ernakulam

7 Inspection report on the actions of the District Court, Thrissur

8 Inspection report on the actions of the Addl. District Court, Thiruvananthapuram

9 Inspection report on the actions of the Sub Court, Neyyattinkara

10 Inspection report on the actions of the Family Court, Thiruvananthapuram

11 Inspection report on the actions of the Family Court, Thiruvalla

12 Inspection report on the actions of the Family Court, Kollam

13 Inspection report on the actions of the Family Court, Kottarakkara

14 Inspection report on the actions of the Family Court, Alappuzha

15 Inspection report on the actions of the Family Court, Kottayam

16 Inspection report on the actions of the Family Court, Ernakulam

17 Inspection report on the actions of MACT, Thiruvananthapuram

18 Inspection report on the actions of MACT, Punalur

19 Inspection report on the actions of MACT, Pathanamthitta

20 Inspection report on the actions of MACT, Irinjalakuda

21 Inspection report on the actions of MACT, Alappuzha

22 Inspection report on the actions of MACT, Kottayam

23 Inspection report on the actions of MACT, Kollam

24 Inspection report on the actions of MACT, Thrissur

25 Inspection report on the actions of MACT, Ernakulam

26 Inspection report on the actions of MACT, Kalpetta

27 Inspection report on the actions of Spl. Judicial Magistrate Class-II, Kollam

8.FUNCTIONING OF THE GRIEVANCE REDRESSAL MECHANISM

1.Committee for Redressal of Grievances of Advocates' Association/Lawyers/Staff

member of the High Court.

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2.Committee to attend to the Grievances and Welfare Measures of Retired Judges andfamily members.

3.Internal Complaints Committee constituted under the Sexual Harassment of Womenat Workplace (Prevention, Prohibition and Redressal) Act, 2013.

9. WORKING OF STATE LEGAL SERVICES AUTHORITY AND DISTRICT LEGAL

SERVICES AUTHORITIES AND STATUS ON LEGAL-AID TO POOR AND NUMBER

OF BENEFICIARIES OF DIFFERENT CATEGORIES:

Legal Service Institutions and its hierarchies.

The Legal Services Authorities Act, 1987 was enacted to constitute Legal

Services Authorities for providing free legal services to the weaker sections of the

society to ensure that opportunities for securing justice were not denied to any citizen

by reason of economic or other disabilities and to organize Lok Adalats to ensure that

the operation of the legal system promoted justice on a basis of equal opportunity.

I. Organizational set up of KELSA NALSA

KeLSA

SLAs SCLSC

HCLSC

DLSAs PLAs DLSAsHCLSC

TLSCs

TLSAs

1. Kerala State Legal Services Authority :

NALSA National Legal ServicesAuthoritySLA State Legal ServicesAuthorityKeLSA Kerala State LegalServices AuthoritySCLSC Supreme Court LegalServices CommitteeHCLSC High Court LegalServices CommitteePLAPermanent Lok AdalatDLSA District Legal ServicesAuthorityTLSC Taluk Legal ServicesCommittee

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As per Sec.6 of the Legal Services Authorities Act, 1987 Kerala State Legal

Services Authority has been constituted to perform the functions in tune with Sec.7 of

the Act. In exercise of the powers conferred by section 29A of the Legal Services

Authorities Act, 1987 (Central Act 39 of 1987) the Kerala State Legal Services

Authority made Kerala State Legal Services Authority Regulations 1998.

2. High Court Legal Service Committee: The State Authority has constituted a committee called the High Court Legal

Services Committee for High Court of Kerala to perform the functions under

Regulation No. 7 of Kerala State Legal Services Authority Regulations, 1998.

3. District Legal Services Authority: The State Government in consultation with the Chief Justice of the High Court

have constituted District Legal Services Authorities in 14 Districts of the State to

exercise the powers and functions under Sec. 10 of the Act, as well as, Regulation No.

8 of the Kerala State Legal Services Authority Regulations, 1998.

4.Taluk Legal Services Committees: The State Authority has constituted 62 Taluk Legal Services Committees

(TLSCs) for each Taluks in the state as per Sec.11A of the Legal Services Authorities

Act, to perform the functions under Sec. 11B of the Act as well as Regulation 10 of the

Kerala State Legal Services Authority Regulations, 1998.

5.Permanent Lok Adalats The State Authority by notification has established 3 Permanent Lok Adalats at

Trivandrum, Ernakulam and Kozhikode for exercising such jurisdiction in respect of

public utility services. Major functions of the State Legal Services Authority and its Co-

ordinate organizations are conducting Lok Adalats, rendering free legal services to the

eligible persons, and conducting legal aid programmes.

LOK ADALAT:- Conducting Lok Adalat is the dominant activity of the Legal Services Authorities. The

system of Lok Adalat, which is an innovative mechanism for alternate dispute

resolution, has proved effective for resolving disputes in a spirit of conciliation outside

the Courts. The details of the achievements made in Lok Adalats, during the year 2015-

16 are enlisted below :

i)NATIONAL LOK ADALAT – 2015 (NEW SCHEME)

In the year 2015, NaLSA introduced a new monthly scheme for conducting

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National Lok Adalats on specified topics. Accordingly, 8 National Lok Adalats were

conducted throughout the State during 2015 on every month (except January, May and

November) on specified subjects. In December, a mega National Lok Adalat was

conducted on all topics.

From April to November, 2015 six National Lok Adalats were conducted. The statistics of

the 6 monthly National Lok Adalats are given below:

No. of cases settled (Both pending matters and PLPs) Award Amount Court pending matters 95,866 `129,57,39,575 /-PLP matters 13,746 `642509848 /-Total 1,09,612 `193,82,49,423/-

MEGA NATIONAL LOK ADALAT (12.12.2015) - As schemed by NALSA, Mega NationalLok Adalat on all subjects was conducted throughout the Country on 12.12.2015. A totalnumber of 1,11,184 cases were settled in our State, of which 1,01,275 are Court pendingcases and 9,909 are pre-litigation matters. Statistics are as follows:

No. of cases settled (Both pending matters and PLPs) Award Amount Court pending matters 1,01,275 `189,98,56,024/-PLP matters 9,909 `52,93,93,492/-

Total 1,11,184 `242,92,49,516/-

As in the previous year, NaLSA has decided to organize National Lok Adalat everymonth on specified subject matter for the calendar year 2016. Accordingly National LokAdalats were conducted in February and March in the year 2016.

The statistics of the 2 monthly National Lok Adalats conducted in the year 2016 are

given below:

No. of cases settled (Both pending matters and PLPs) Award Amount Court pending matters 985 `220537458 /-PLP matters 3711 `273821022 /-Total 4696 `494358480 /-

(iii) TOTAL OUTPUT IN THE NATIONAL LOK ADALATS CONDUCTED IN 2015-16

In the National Lok Adalats conducted during year 2015-16, a total number of

2,25,492 cases were settled, involving an amount of `486,18,57,419/-. Statistics are as

follows:-

No. of cases settled (Both pending matters and PLPs) Award Amount Court pending matters 1,98,126 `341,61,33,057/-

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PLP matters 27,366 `144,57,24,362/-

Total 2,25,492 `486,18,57,419/-

SPECIAL ACHIEVEMENT – LAR CASESAs per the letter dated 01.12.2015, the Hon’ble Executive Chairman,

addressed the Government to make available funds exclusively for settling Land

Acquisition cases in the Adalat held on 12.12.2015. Resultantly, the Government, vide

Circular No.26701/H1/2015/Law dated 05.12.2015, have earmarked Rs.100 Crores for

settlement of Execution Petitions in Land Acquisition Cases for the Adalat held on

12.12.2015. Accordingly all DLSAs were sensitized to get reference of maximum

number of LAR cases in the said Adalat.

i) In the Mega National lok Adalat held on 12.12.2015, 537 Execution

Petitions in LAR cases were settled and Awards were passed for a sum of

`55,70,00,216/-.

ii)In order to utilize the balance fund earmarked for settlement of Land

Acquisition cases, a Special lok Adalat, exclusively for Land Acquisition

cases, was conducted on 31.01.2016, in which, 559 Execution Petitions

in LAR cases were settled in the State and Awards were passed for a sum

of `39,12,03,803/-.

iii)In total, Awards were passed for a sum of `94,82,04,019/-in the

Execution Petitions in Land Acquisition cases in the above two Lok

Adalats.

iv)OTHER LOK ADALATS:-

Apart from National Lok Adalats conducted as per the Monthly Scheme of

NALSA, various legal services authorities have conducted weekly Adalats also. During

2015-16, 2030 such Lok Adalats were conducted by District Legal Services Authorities

(DLSAs), Taluk Legal Services Committees (TLSCs) and High Court Legal Services

Committee (HCLSC) and a total number of 62403 cases were settled for a total sum

of `13,29,22,627/-. The statistics regarding such weekly Adalats in the year 2015-16 is

as follows:

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No. of cases settled (Both pending matters and PLPs) Award Amount Court pending matters 36572PLP matters 25831

`132922627/-

Total 62403 `13,29,22,627 /-

TOTAL OUTPUT OF SETTLEMENT IN LOK ADALATS IN THE YEAR 2015-16:-

(NATIONAL LOK ADALATS + OTHER LOK ADALATS)

No. of cases settled (Both pending matters and PLPs) Award Amount Court pending matters 2,34,698PLP matters 53197 `4994780046/-

Total 2,87,895 `499,47,80,046 /-

vi)VIRTUAL/VISUAL LOK ADALAT

A televised version of Lok Adalat is being telecast in Kairali T.V., namely

“Jeevitham Sakshi” with the support of KeLSA, in addition to the programme telecast

through Amritha T.V., namely “Kathayallithu Jeevitham”. By telecasting these

programmes KeLSA is spreading the message of rapprochement and conciliation in

family matters amongst the public.

vii) MOBILE LOK ADALAT

This facilitates conduct of Adalat in remote areas with the help of Mobile Adalat

Van. The Lok Adalat vehicle has completed its tour in all the Districts of the State

during 2015. 295 cases were settled by the mobile Adalats conducted throughout the

State in the year 2015. The mobile Lok Adalat and Awareness programmes are evoking

much response from the public.

PERMANENT LOK ADALAT:- At present the services of Permanent Lok Adalats are available in 3 regions in

the State, namely, Thiruvananthapuram, Kozhikode and Ernakulam. PLA,

Thiruvananthapuram covers complaints from the districts of Thiruvananthapuram,

Kollam and Pathanamthitta. PLA, Ernakulam covers complaints from the districts of

Ernakulam, Alappuzha, Kottayam, Idukki and Thrissur. PLA, Kozhikode covers

complaints from the districts of Kozhikode, Palakkad, Malappuram, Wayanad, Kannur

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and Kasaragod. All the 14 districts are covered by these PLAs. The cases relating to

public utility services like transport services, P&T services, supply of Power, Light or

Water, service in Hospital/Dispensary and Insurance Cases are dealt with by the

Permanent Lok Adalats.

Details of cases settled in PLAs in the year 2015-16 are as follows:

Sl.No.

PLAs No. ofsittings

Pre-litigationMatterssettled

PendingMatterssettled

Totalcasessettled

Total Amountinvolved

(`)

1 Thiruvananthapuram 268 515 0 515 `42826204/-2 Kozhikode 275 118 0 118 `4900104/-3 Ernakulam 258 210 0 210 `9785103/-

Total 804 990 0 990 `5,75,11,411/-

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DETAILS OF ADALATS CONDUCTED BY THE KERALA STATE LEGALSERVICES AUTHORITY DURING 2015-’16

Sl.No:

Details of AdalatsNo: of Cases Settled

Pre-litigation

Post-litigation Total

AmountAwarded

(`)

1 Bank Recovery Cases 19412 2251 21663 `1119497558/-

2 Matrimonial Disputes 323 507 830 `11359100/-

3 Criminal Cases (Compoundable) 5287 71137 76424 `263783376/-

4 Labour Disputes 67 14 81 `21627175/-

5 Civil Cases 2750 3357 6107 `808714259/-

6 MACT Cases 342 13032 13374 `1720486141/-

7 NI Act Cases 62 654 716 `17911877/-

8 Land Acquisition Cases 29 1173 1202 `934080510/-

9 Revenue Cases 565 51 616 `6838637/-

10 Others 29278 66108 95386 `663333079/-

Total 58115 158284 216399 `5567631712/-

LEGAL AID AND BENEFICIARIES:-

During the year 2015 – 16 KeLSA had initiated several projects which would go a long

way in strengthening the liaison with common people, thus facilitating the deserving

persons to enjoy the benefits of legal services rendered by KeLSA. 1324 Legal Aid

Clinics are functioning across the State under the auspices of DLSAs and TLSCs in

accociation with courts, Local Self Government Institutions, Education Institutions,

NGOs, Hospitals, Jails etc. Legal Aid Clinics are intended to provide legal relief easily

accessible to the indigent and backward sections of our society. Basic legal services

like legal advice and assisting in drafting of notices, replies, applications, petitions etc

are rendered through legal Aid Clinics. These clinics organize various legal awareness

camps in villages and remote places. 11704 persons were given free legal aid, during

the year 2015 – 16, the details are as shown in the following page.

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Category Number of Legal Aid Beneficiaries2015 – 2016

Scheduled caste 366

Scheduled Tribe 68

Backward Class 550

Women 2580

Children 22

In custody 2567

General 5551

Total 11704

Important activities of Kerala State Legal Services Authority Conducted during

the year 2015 – 16.

• Kerala State Legal Services Authority (KeLSA), in Association with Akashwani, Kochi

station organized a Lok Adalat on 18.04.2015 at High Court Auditorium. Hon'ble Mr.

Justice Kurian Joseph, Judge, Supreme Court of India inaugurated the

programme. The meeting was presided over by Hon'ble Mr. Justice Thottathil B.

Radhakrishnan, Judge, High Court and Executive Chairman, KELSA.

• Kerala State Legal Services Authority conducted a programme in connection with

observance of 'World Day against Child Labour on 12th June, 2015. An academic

session involving Child Welfare Committee members, Juvenile Justice Board

Members, District Child Protection Officers & Members of the Special Juvenile

Justice Police Unit of the State was conducted on 12.06.2015 at 2 p.m. Valedictory

function was inaugurated by Hon'ble Mr. Justice Antony Dominic, Judge, High

Court of kerala & Chairman, Juvenile Justice Committee. Sri. P. Joseph Victor Raj,

National Convenor of Campaign against Child Labour delivered the Key Note

Address and the Message of the day.

• Kerala State Legal Services Authority (KELSA), in Association with Human Rights

Law Net work organized a workshop on Child Trafficking on 05.09.2015 at the High

Court. Hon'ble Mr. Justice Kurian Joseph, Judge, Supreme Court of India

inaugurated the programme. The meeting was presided over by Hon'ble Mr.

Justice Ashok Bhushan, The Chief Justice, High Court of Kerala and Patron - in -

Chief, KELSA. The Honourable Mr. Justice Thottathil B. Radhakrishan, Judge,

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High Court of Kerala, & Executive Chairman, KELSA delivered the Special Address

and Honourable Mr. Justice Antony Dominic, Judge, High Court of Kerala and

Chairman, Juvenile Justice Committee delivered the Key Note Address. The

meeting was followed by an academic session led by Mr. P.M. Nair, Chair Professor,

Tata Institute of Social Sciences, Mumbai & Former Director General of Police, Ms.

Sarita Barapanda, Director, Reproductive Rights Initiative, HRLN, New Delhi, Mr.

Mahender, Director, Child Rights Initiative, HRLN, Mumbai and Ms. Meena Kuruvila,

Member, State Commission for Protection of Child Rights, Thiruvananthapuram.

Chairpersons of Child Welfare Committees, Probation Officers, District Child

Protection Officers, Officers from Special Juvenile Police Units etc participated in the

programme.

.Quiz Competition on legal awareness for Higher Secondary School students was

organized by Kerala State Legal Services Authority on the book 'Lessons in Law' at

School Level, Taluk Level, District Level and State Level. State level quiz

competition was held on 23/01/2016. Honourable Mr. Justice Thottathil B.

Radhakrishnan, Judge, High Court of Kerala and Executive Chairman, Kerala

State Legal Services Authority distributed prizes for winners. An ever Rolling

Trophy and a Cash prize of Rs. 7,500/- ( Rupees Seven thousand and five hundred

only) was given to the 1st prize winner, cash prize of Rs. 5,000/- ( Rupees Five

thousand only) was given to the 2nd prize winner and cash prize of Rs. 3,000/-

( Rupees Three thousand only) was given to the 3rd prize winner.

Legal awareness programme for women on women related laws was conducted

under the aegis of national Legal Services Authority in collaboration with National

Commission of Women, at Malappuram on 16/01/2016 & 17/01/2016 and at

Thiruvananthapuram on 24/01/2016 & 25/01/2016.

. Aimed at providing a network for immediate transmission of information of

possible cases of child trafficking and also other human trafficking incidents, KELSA

launched a State Wide programme on 06/02/2016, in association with the Anti

Human Trafficking Unit of the Government of Kerala under the name 'Anti Human

Trafficking Clubs' to be formed in various Law Colleges. The matter gets the

involvement of the Inspector General of Police, who is the Nodal Officer of the State

Anti Human Trafficking Cell, and the Police establishment through the State Police

Chief, thereby providing a cohesive platform of the State Police and the KELSA

reaching out at incidents of child trafficking and also other incidents of human

trafficking. The Honourable The Chief Justice of Kerala High Court, Honourable

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Mr. Justice Ashok Bhushan inaugurated the programme. The Honourable

Minister for Home Sri. Ramesh Chennithala presided over the function. The

Honourable Executive Chairman, KELSA, Honourable Mr. Justice Thottathil

B. Radhakrishnan, Honourable Mr. Justice Shaji P. Chaly, Judge High Court of

Kerala, Honourable Mr. Justice Cyriac Joseph acting Chairperson, National

Human Rights Commission, the State Police Chief, Sri. T.P. Senkumar IPS. The

Nodal Officer, State Anti - Human Trafficking Cell Sri. S. Sreejith IPS and Sri. P.M.

Nair, Director of Research on Human Trafficking, TATA Institute of Social Sciences,

Mumbai attended the programme.

DETAILS REGARDING THE AMOUNT SPEND ON LEGAL AID DURING THE

YEAR 2015 - 2016

SLNo.

Activities Amount

1 Adalat / Settlement 7018696

2 Court Based Legal Aid & Legal Aid Clinic 8761245

3 Legal Literacy 8774840

4 Mediation 14171490

5 Others 5468938

Total 44195208

10.WORKING OF ALTERNATIVE DISPUTE RESOLUTION MECHANISMS – ADR

CENTRES, PERMANENT LOK ADALATS/LOK ADALATS/ NUMBER OF CASES

DISPOSED OFF/ NUMBER OF LOK ADALATS HELD ETC:

A. Introduction :

The Kerala State Mediation and Conciliation Centre is an initiative of the High

Court of Kerala and Kerala State Legal Services Authority and is conceived as a project

for giving effect to Section 89 of the Code of Civil Procedure which provides for

Mediation as an Alternative Dispute Resolution mechanism. The project is

implemented with the support and the guidance of the Mediation and Conciliation

Project Committee (MCPC) of Supreme Court of India. Kerala State Mediation and

Conciliation Centre can only furnish details of mediation programmes in the State.

Details of Lok Adalath will be available with Kerala State Legal Services Authority.

Kerala State Mediation and Conciliation Centre does not have Arbitration and

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Conciliation Centre.

District Mediation Centre has been established at all the 14 District Head

Quarters of Kerala State and also at North Paravur and Mavelikkara. 44 Mediation

Sub Centres are functioning at various places in Kerala. ADR Centres are also

functioning in the new building constructed by utilizing the funds provided by the 13th

Finance Commission at Thiruvananthapuram, Alappuzha, Ernakulam, Thalassery,

Mavelikkara and Thrissur. New building at Mavelikkara and Thrissur were opened in

the financial year 2015-2016.

There are 601 mediators in Kerala. They are trained by the Mediation and

Conciliation Project Committee and being given accreditation when they fulfill the norms

prescribed for accreditation. The norm for accreditation is that a Mediator should have

mediated at least 20 cases with 10 cases culminating in success. Upon accreditation,

the Mediator is eligible for receiving Honorarium as per the schedule introduced by the

Mediation and Conciliation Project Committee from time to time.

The Hon’ble Chief Justice Mr.Ashok Bhushan is the Patron-in-Chief of Kerala

State Mediation and Conciliation Centre. The Hon’ble Mr.Justice Thottathil B

Radhakrishnan, Executive Chairman, Kerala State Legal Services Authority, is the

Patron. Hon’ble Mr.Justice Antony Dominic, is the President of the Board of Governors.

Hon’ble Mr.Justice A.M.Shaffique, Hon’ble Mr.Justice K.Ramakrishnan and Hon’ble

Mr.Justice A.Muhamed Mustaque are the other members of the Governing body, which

monitors mediation programmes in Kerala.

B. Organizational Set up:MCPC

KSMCC

EMC EMC

DMC’s Mediation SubCentres

MCPCMediation and Conciliation ProjectCommitteeKSMCCKerala State Mediation and ConciliationCentreEMCErnakulam Mediation CentreDMC

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The Office of the Kerala State Mediation and Conciliation Centre is housed in the

ground floor of the Southern side of the Ram Mohan Palace provided free of rent by the

High Court. The Director(District Judge), ADR Centre is also the Director of Kerala

State Mediation and Conciliation Centre.

The website address of Kerala State Mediation and Conciliation Centre is

www.keralamediation.gov.in and e-mail address is [email protected].

The main functions of Kerala State Mediation and Conciliation Centre are as

follows:

a) to give effect to the policy and directions of Mediation and Conciliation ProjectCommittee;

b) to facilitate mediation and co-ordinate mediation activities at various DistrictMediation Centres and at Ernakulam Mediation Centre in accordance with the relevantrules;

c) to conduct mediation sensitization programmes for the public and other stake holdersthroughout the State of Kerala ;

d) to conduct Refresher Course for Judicial Officers and Trained mediators throughoutKerala, under the guidance from Mediation and Conciliation Project Committee fromtime to time ;

e) to perform such other functions with regard to mediation as the Mediation andConciliation Project Committee may fix ;

f) to act in co-ordination with other Government Agencies, Governmental VoluntarySocial Services Institutions, Universities, and other bodies engaged in the work ofpromoting the cause of legal awareness on mediation to the Students, rural folks andother stake holders.

The Office of the Kerala State Mediation and Conciliation Centre (ADR Centre)

was inaugurated on 22.08.2012 at Ram Mohan Palace, High Court of Kerala, by the

Hon’ble Dr.Justice Manjula Chellur, then Chief Justice, High Court of Kerala.

New buildings for the ADR Centres were inaugurated at Thiruvananthapuram,

Ernakulam, Thalassery, Alappuzha, Mavelikkara and Thrissur. Construction is in

progress at Kottayam. Buildings for the ADR Centres could not be constructed at other

places including at the Headquarters at High Court due to non-availability of land.

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C. Human Resources:

There is no temporary or permanent staff working in this Authority. A Director, a

Section Officer, two Assistants, one Driver and a Peon are working on deputation in the

Head Office situated at Ram Mohan Palace at High Court of Kerala. Apart from this, 32

staff are working in the District ADR Centres on deputation. Nodal Officer and the

Typist at Ernakulam Mediation Centre (High Court) are appointed on work arrangement

from the High Court of Kerala.

D. Finances:

The office of the Kerala State Mediation and Conciliation Centre is now housed

in the Ground Floor of the Southern end of Ram Mohan Palace and is provided free of

rent by the Hon’ble High Court of Kerala at Ernakulam. District Mediation Centres are

all functioning in rooms provided free of rent by Subordinate Courts in the State. The

Ernakulam Mediation Centre (High Court) is functioning in the second floor of the

Hon’ble High Court of Kerala. Ernakulam Mediation Centre (ADR Centre) is functioning

in the first floor of the ADR Centre, Kaloor since 10.11.2014.

During the financial year, Kerala State Legal Services Authority has allotted

`15,43,503/- (Rupees Fifteen Lakhs Forty Three Thousand Five Hundred and Three

Only) towards meeting expenses in connection with the training / refresher / awareness

programmes on mediation throughout the State. Kerala State Mediation and

Conciliation Centre has expended `16,86,009/- (Rupees Sixteen Lakhs Eighty Six

Thousand and Nine Only) from the ADR Funds to meet expenses in this regard during

this financial year.

E. Trainer of Trainers (ToT) :

The Kerala State Mediation and Conciliation Centre has the following 13 Mediator

Trainers selected from the Mediators and trained by the Mediation and Conciliation

Project Committee.

1) Sri.Gireendra Babu T.R. 2) Sri.Jose Kuriakose 3) Sri.Leena Jayasurian 4) Sri.Vijayakumar K.K. 5) Sri.Renadive K.P. 6) Smt.Vimala K. Nambiar 7) Sri.Satya Raju 8) Sri.Suresh Babu R.S. 9) Smt.Jyothi Gopinathan

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10) Sri.P.G. Suresh11) Sri.Mohammed Shiraz P.A.12) Sri.Pramod Kumar13) Smt.Letha M.S.

The Board of Governors, Kerala State Mediation and Conciliation Centre has

considered the suggestion of the Hon’ble Mr.Justice Madan B. Lokur that in the near

future Kerala will be asked to have its own plans and programmes for development of

mediation and thus it would be ideal to have more trainers and it was resolved to select

a few more trainer of trainers from among the mediators.

F. Accreditation and distribution of certificates to mediators :

During the Financial Year 2015-2016, Mediation and Conciliation Project

Committee, Supreme Court of India, distributed Accreditation Certificates to 25

mediators of KSMCC. The request for accreditation of 84 mediators of KSMCC is

pending with Mediation and Conciliation Project Committee.

G. Events:

Sl.No:

Date Place of programme Organizers

1 8.5.2015 Marad, Ernakulam District

Awareness programme onmediation at Marad inassociation with MaradMunicipality and Jana MythriPolice Station.

2 23.5.2015 Kuzhipilly, Ernakulam District

Awareness programme onmediation at Kuzhipilly inassociation with KuzhipillyGrama Panchayat.

3 30.5.2015 Thrippunithura, Ernakulam District

Awareness programme onmediation in association withTrippunithura municipality andJana Mythri Polilce Station, HillPalace.

4 6.6.2015 Thykoodam, Ernakulam District

Awareness programme onmediation at Thykoodam,Ernakulam, in association withSNDP 1803, Vyttila Branch, on06.06.2015.

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Sl.No:

Date Place of programme Organizers

5 20.6.2015 Karingachira, Ernakulam District

Awareness programme onmediation at Karingachira,Ernakulam in association withSt.George Syrian JacobiteCathedral, Karingachira andThripunithura Rajanagari Unionof Residents Association atSt.George Cathedral Hall,Karingachira.

6 27.6.2015 Kumbalangi

Awareness programme onmediation at Kumbalangi,Ernakulam, in association withKumbalangi Grama Panchayaton 27.06.2015.

7 4.7.2015 Udayamperoor

Awareness programme onmediation at Udayamperoor, inassociation with ThanalCharitable Society andUdayamperoor GramaPanchayat on 04.07.2015.

8 22.8.2015 MuvattupuzhaAwareness programme onmediation at St.Thomas PublicSchool, Muvattupuzha.

Awareness programmes were conducted at different parts of the State under the

auspices of the District Mediation Centre.

By the resolution dated 01.06.2015 of the Hon’ble Board of Governors, it has

been decided that Board of Governors will visit every district headquarters along with

mediator trainers in order to motivate and guide the mediators to streamline mediation

activities more effectively, through interaction with them for a few hours. Refresher

course for the Referral Judges and mediators was also conducted independently. The

one-to-one interactive programme and refresher course were conducted at the

following locations accordingly.

Sl.No: Date Place Participants

1 24.7.2015,25.7.2015 Kottayam Judicial Officers and Mediators of Kottayam

District

2 31.7.2015,1.8.2015 Pathanamthitta Judicial Officers and Mediators of

Pathanamthitta District

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Sl.No: Date Place Participants

3 18.9.2015,19.9.2015 Thodupuzha Judicial Officers and Mediators of

Thodupuzha District

4 26.9.2015 Mavelikkara Judicial Officers and Mediators ofMavelikkara District

5 16.10.2015,17.10.2015 Palakkad Judicial Officers and Mediators of Palakkad

District

6 30.10.2015,19.12.2105 Thrissur Judicial Officers and Mediators of Thrissur

District

7 6.11.2015,7.11.2015 Kozhikode Judicial Officers and Mediators of

Kozhikode District

8 20.11.2015,21.11.2015 Ernakulam Judicial Officers and Mediators of

Ernakulam District

9 27.11.2015,28.11.2015 Kalpetta Judicial Officers and Mediators of Kalpetta

District

10 4.12.2015,5.12.2015 Manjeri Judicial Officers and Mediators of Manjeri

District

11 22.1.2016,23.1.2016 Alappuzha Judicial Officers and Mediators of

Alappuzha District

12 5.2.2016,6.2.2016 Thalassery Judicial Officers and Mediators of

Thalassery District

13 26.2.2016,27.2.2016 Kasaragod Judicial Officers and Mediators of

Kasaragod District

14 4.3.2016,5.3.2016 Kollam Judicial Officers and Mediators of Kollam

District

15 18.3.2016,19.3.2016 Thiruvananthapuram Judicial Officers and Mediators of

Thiruvananthapuram District

Interactive Awareness Programme for the Lawyers of following Bar Associations

were held accordingly.

Sl.No: Date Place Participants

1 25.7.2015 Kottayam Interactive awareness programme for theLawyers of Kottayam Bar Association

2 1.8.2015 Pathanamthitta Interactive awareness programme for theLawyers of Pathanamthitta Bar Association

3 19.9.2015 Thodupuzha Interactive awareness programme for theLawyers of Thodupuzha Bar Association

4 26.9.2015 Mavelikkara Interactive awareness programme for theLawyers of Mavelikkara Bar Association

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Sl.No: Date Place Participants

5 17.10.2015 Palakkad Interactive awareness programme for theLawyers of Palakkad Bar Association

6 19.12.2105 Thrissur Interactive awareness programme for theLawyers of Thrissur Bar Association

7 7.11.2015 Kozhikode Interactive awareness programme for theLawyers of Kozhikode Bar Association

8 28.11.2015 Kalpetta Interactive awareness programme for theLawyers of Kalpetta Bar Association

9 5.12.2015 Manjeri Interactive awareness programme for theLawyers of Manjeri Bar Association

10 23.1.2016 Alappuzha Interactive awareness programme for theLawyers of Alappuzha Bar Association

11 6.2.2016 Thalassery Interactive awareness programme for theLawyers of Thalassery Bar Association

12 27.2.2016 Kasaragod Interactive awareness programme for theLawyers of Kasaragod Bar Association

13 5.3.2016 Kollam Interactive awareness programme for theLawyers of Kollam Bar Association

14 19.3.2016 ThiruvananthapuramInteractive awareness programme for theLawyers of Thiruvananthapuram BarAssociation

Apart from the above, several Awareness Programmes on Mediation wereconducted at different places at the auspices of the District Centres.

G.Court Costs:

During the financial year 2015-2016, an amount of `6,44,800/- (Rupees Six

Lakhs Forty Four Thousand Eight Hundred only) was collected towards Court costs.

I. Honorarium for Mediators:

The structure of honorarium for mediators as approved by the Mediation and

Conciliation Project Committee is given below:

Nature of Case HonourariumA On Settlement through mediation of a

matrimonial case (including criminal), custody,guardianship, probate, partition and possession

`2,500/- per case (with two ormore connected cases, themaximum would be `3,500/-

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Nature of Case HonourariumB All other matters `1,500/- per case (with two or

more connected cases, themaximum would be `2,500/-)

D Connected case `500/- per case subject to amaximum of `1,000/-(Regardless of the number ofconnected cases)

E Cases not settled despite three effective sittings,as certified by the Co-ordinator of the MediationCentre

`1,000/-

The honorarium is paid by the State Government by allotment of funds through

Kerala State Legal Services Authority. The honorarium up to 31.1.2015 is paid to all

the mediators. Funds received from NaLSA is also used for the said purpose. The

State Government is slow in allotment of requisite funds for payment of honorarium.

Regular allotments of funds in the budget is the only solution for prompt payment of

honorarium.

J. Statistics:

01-01-2009 to 31.12.2015(from inception to 31.12.2015)

Referred Settled Not Settled No Mediation Pending Percentageof Success

96845 36268 57304 9173 4594 39%

2015

Referred Settled Not Settled No Mediation Pending Percentageof Success

30124 8924 17150 3241 4594 34%

11. BROAD PERFORMANCE INDICATIORS BASES ON ANALYSIS OF JUDICIALSTATISTICS

(i)Institution, disposal and pendency of cases in the High Court and District andSubordinate Courts

(The figures in brackets after the figures for the year under report, shown in thefollowing paragraphs are those of the previous year and are given for the purpose ofcomparison.)

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High Court:(a) Writ Petition-Civil/Criminal:44665(44797) Writ Petition(Civil) and 44(31) Writ

Petition(Criminal) were pending at the beginning and 47842(36881) Writ Petition(Civil)

and 518(519) Writ Petition(Criminal) were filed during the year. The total number of

cases for disposal were 92507(81678) Writ Petition(Civil) and 562(550) Writ Petition

(Criminal). 40111(37013) Writ Petition(Civil) and 516(506) Writ Petition(Criminal) were

disposed of leaving 52396(44665) Writ Petition(Civil) and 46(44) Writ Petition(Criminal)

pending at the end of the year. As per the old nomenclature, 663(800) were pending at

the beginning of the year. No(0) petition was instituted during the year. Of these, 282

(137) were disposed of. The pendency at the end of the period was 381(663).

Under OP(u/a 227) 5502(5173) cases were filed and 4761(4011) cases

disposed of, leaving 5368(4633) cases pending at the end of the year under Report.

(b) (i) Company Claims:[including Banking Company Claims]

3323(2234) Company Claims including Banking Company Claims were pending

at the beginning of the year. 604(1623) claims were instituted during the year. Thus,

there were 3927(3857) claims for disposal, of which 672(534) were disposed of leaving

a balance of 3255(3323) claims pending at the end of the year.

(ii)Company Cases:[including Company Suits & Criminal Complaints]

There were 83(87) Company Cases including Company Suits & Criminal

Complaints pending at the beginning of the year. 5(4) cases were filed during the year

under report and 2(8) cases were disposed of leaving a balance of 86(83) Company

Cases including Company Suits & Criminal Complaints.

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(iii) Company Petitions:

130(104) Company Petitions were pending at the beginning of the year 48(44)

Company Petitions were instituted during the year. Out of the 178(148) petitions for

disposal, 31(18) were disposed of leaving a balance of 147(130) at the end of the

year.

(iv) Company Applications:[including Misfeasance Company Applications]

2046(1745) Company applications were pending at the beginning of the year.

947(616) Company applications including 8(7) Misfeasance Company Applications

were instituted during the year. 445(322) Applications were disposed of and 2548(2046)

Company Applications including Misfeasance Company Applications were pending at

the end of the year.

(v) Miscellaneous Company Applications:

128(152) Miscellaneous Company Applications were pending at the beginning

of the year. 51(62) Miscellaneous Company Applications were instituted during the

year. Out of the 179(214) Applications for disposal, 62(86) were disposed of, leaving a

balance of 117(128) Applications at the end of the year.

(d) Contempt of Court Cases:-

1565(1391) Contempt of Court Cases were pending at the beginning of the year.

1974(1555) cases were instituted. Out of the 3539(2946) Contempt of Court Cases for

disposal, 1620(1381) cases were disposed of leaving a balance of 1919(1565) cases

at the end of the year.

(e) Arbitration Requests:-

57(35) Arbitration Requests were pending at the beginning of the year. Including

67(89) Arbitration Requests that were instituted during the year, there were a total of

124(124) Arbitration Requests for disposal. Out of these, 30(67) cases were disposed

of leaving a balance of 94(57) cases at the end of the year.

(f) Election Petitions:-

5(0) Election Petition were pending at the beginning of the year and no(10)

Election Petition was instituted during the year and 5(5) Election Petition was disposed

of during the year, leaving a balance of 0(5) Election petition at the end of the year.

(g) Miscellaneous Jurisdiction Cases:-

628(826) cases were pending at the beginning of the year. Including the 474

(480) cases that were instituted during the year, there were a total of 1102(1306)

cases for disposal, out of which 406(678) cases were disposed of, leaving a balance of

696(628) cases at the end of the year.

(h) Civil Miscellaneous Cases:-

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263(350) cases were pending at the beginning of the year. Including the 47(57)

cases that were instituted, there were a total of 310(407) cases for disposal, out of

which 199(144) cases were disposed of, leaving a balance of 111(263) cases pending

at the end of the year.

(i) Devaswom Board Cases:-

30(89) cases were instituted during the year, 65(29) cases were disposed of

leaving a balance of 74(109) cases pending at the end of the year.

(j) Devaswom Board Petitions:-

161(199) petitions, were instituted during the year and 180(154) petitions were

disposed of leaving a total of 85(104) petitions pending at the end of the year.

B) APPEALS:

The total number of Appeals of different classes instituted during the year under

report in the High Court were:

a) High Court:The following is the statement of the several classes of appeals received,

disposed of and pending in the High Court during the period under report:

Class of Appeals Received Disposed of Pending1 2 3 4

Land Acquisition Appeals 714(1071) 657(589) 2064(2007)

Miscellaneous First Appeals 99(184) 88(85) 930(919)

Execution First Appeals 36(47) 31(117) 214(209)

Appeal Suits 32(245) 198(132) 1170(1336)

Writ Appeals 2808(2280) 2906(2429) 2585(2683)

Second Appeals 57(73) 151(101) 1359(1453)

Execution Second Appeals 28(26) 11(13) 82(65)

Miscellaneous Second Appeals 1(6) 1(3) 18(18)

Civil Miscellaneous Appeals 0(3) 2(2) 11(13)

Appeals from First Appeals 1(5) 4(5) 146(149)

Income Tax Appeals 242(353) 377(134) 1190(1325)

Gift Tax Appeal 0(1) 0(3) 3(3)

Wealth Tax Appeal 0(4) 0(1) 35(35)

Central Excise Reference 0(0) 1(2) 0(1)

Contempt of Court Appeal (Civil) 7(8) 8(4) 4(5)

Other Tax Appeal 8(19) 4(2) 39(35)

Devaswom Board Appeals 17(68) 43(22) 38(64)

Regular First Appeal 976(883) 562(453) 7171(6757)

Regular Second Appeal 1445(1331) 1010(567) 9458(9023)

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Class of Appeals Received Disposed of PendingMatrimonial Appeal 1386(1298) 398(486) 5719(4731)

Company Appeal 14(40) 32(18) 111(129)

Motor Accident Claims Appeal 3444(3725) 1937(1434) 15146(13639)

Arbitration Appeal 59(117) 51(22) 335(327)

Insurance Appeal 27(56) 73(139) 171(217)

First Appeal from Order 305(375) 518(316) 558(771)

Total 11706(12218) 9063(7079) 48557(45914)

LITIGATION

District/Subordinate Courts(Civil):

A) Suits:

1.Number of Suits:The total number of suits instituted in all the Courts during the year under report

was 70788 (73998) including 5 (6) Small Cause Suits.

2.Nature of Suits:Of the 70788 (73998) suits instituted, 32049 (27032) were for money or

movable property, 24541 (32235) were for immovable property, 3537 (3312) related to

mortgages, 4619 (5091) were for specific relief and 6042 (6328) were other suits not

falling under any of the preceding heads.

3.Value of Suits:The total value of suits instituted during the year under report was

`23,34,63,65,835/- (`23,47,08,64,785/-) A break up of the number of suits instituted

according to the value is given below:

Below `10/- 0(446)

Between `10/-and `20/- 109(347)

Between `20/-and `30/- 48(464)

Between `30/-and `50/- 239(329)

Between `50/-and `100/- 289(396)

Between `100/-and `500/- 3768(5245)

Between `500/-and `1000/- 10091(10434)

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Between `1000/-and `2000/- 6241(5539)

Between `2000/-and `5000/- 3094(2559)

Between `5000/-and `10,000/- 4928(5552)

Above `10,000/- 41401(40928)

No: of suits in which value cannot be estimated 580(1759)

Total 70788(73998)

B) APPEALS:The total number of Appeals of different classes instituted during the year under

report in the High Court, in the District Courts and in the Sub Courts were:

a) High Court:

Class of Appeals Number Class of Appeals NumberLand Acquisition Appeals 714(1071) Central Excise Reference 0(0)

Misc. First Appeals 99(184) Contempt Appeal (Civil) 7(8)

Execution First Appeals 36(47) Other Tax Appeals/References 8(19)

Appeal Suits 32(245) Devaswom Board Applications 17(68)

Writ Appeals 2808(2280)

Regular First Appeals 976(883)

Second Appeals 57(73) Regular Second Appeal 1445(1331)

Execution Second Appeals 28(26) Matrimonial Appeals 1386(1298)

Misc. Second Appeals 1(6) Company Appeals 14(40)

Civil Misc. Appeals 0(3) Motor Accident Claims Appeals 3444(3725)

Appeals from First Appeals 1(5) Arbitration Appeal 59(117)Income Tax Appeals 242(353) Insurance Appeal 27(56)

Gift Tax Appeals 0(1) First Appeal from Order 305(375)

Wealth Tax Appeals 0(4) Total 10706(12218)

b) District Courts:

Regular Appeals 3231(3231)Miscellaneous Appeals 1392(1662)

Total 4623(4893)

c) Sub Courts:

Regular Appeals 2349(2372)Miscellaneous Appeals 722(660)

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Regular Appeals 2349(2372)Total 3071(3032)

VI. COURTS OF ORIGINAL JURISDICTION

a) Munsiff's Courts

(i) Original Suits:- 65587 (67432) original suits were instituted and 1626 (2396)

were received otherwise during the year under report. Including the 106136 (91904)

suits pending at the beginning, there were 173349 (161732) suits for disposal of which

57053 (53530) were disposed of and 462 (2066) suits were transferred leaving a

balance of 115834 (106136) suits pending at the end of the year. The average duration

of contested suits was 88 (134) The period of pendency of the 115834 (106136) suits

is as indicated below:

Nature of pendency Number of suitsBelow one year 40577 (41898)

Between 1 and 2 years 37590 (33385)

Between 2 and 3 years 19190 (14986)

Between 3 and 4 years 8365 (7227)

Between 4 and 5 years 4495 (3642)

Above 5 years 5617 (4998)

Total 115834 (106136)

(ii) Small Cause Suits:

The number of suits instituted was 5 (6) and no (0) suit was received otherwise.

Including the 8 (7) pending at the beginning, there were 13(13) Small Cause Suits for

disposal. Out of these 5 (5) suits were disposed of and no (0) suit was transferred

leaving 8 (8) suits pending at the end of the year. The average duration of contested

suits was 114 (114) days. The period of pendency of the 8 (8) Small Cause Suits is as

indicated below:-

Nature of pendency Number of suitsBelow one year 1(4)

Between 1 and 2 years 7(3)

Between 2 and 3 years 0(1)

Between 3 and 4 years 0(0)

Between 4 and 5 years 0(0)

Above 5 years 0(0)

Total 8(8)

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------------------------------------------------------------

b) Sub Courts:

(i) Original Suits:

The number of original suits instituted was 4948 (6351) and 651 (730) suits

were received otherwise. Including the 19074 (24458) pending at the beginning, there

were 24673 (31539) suits for disposal, of which 9035 (12173) were disposed of and

67(292) suits were transferred leaving 15571 (19074) suits pending at the end. The

average duration of contested suits was 282 (80) days. The period of pendency of the

15571 (19074) suits is as follows:

Nature of pendency Number of AppealsBelow 1 year 2765 (2939)

Between 1 and 2 years 2905 (5226)

Between 2 and 3 years 2982 (4918)

Between 3 and 4 years 2652 (2650)

Between 4 and 5 years 1716 (1535)

Above 5 years 2551 (1806)

Total 15571 (19074)

(ii) Small Cause Suits:

No Small Cause Suit was instituted during the year and no suit was pending at

the beginning of the year for disposal. So, the pendency at the end of the year was nil.

c) District Courts

(i) Original Suits: 248 (209) Original Suits were instituted during the year and 23

(0) suit was received otherwise. Thus, the total number of suits for disposal, including

476 (444) suits pending at the beginning of the year, was 747 (653). Of these, 202

(159) suits were disposed of and 17 (18) suits were transferred leaving a balance of

528 (476) suits pending at the end of the year. The average duration of the contested

suits was 87 (141). The period of pendency of these 528 (476) suits is as indicated

below :

Nature of pendency Number of AppealsBelow 1 year 162 (143)

Between 1 and 2 years 155 (117)

Between 2 and 3 years 62 (69)

Between 3 and 4 years 57 (40)

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Nature of pendency Number of AppealsBetween 4 and 5 years 29 (40)

Above 5 years 63 (67)

Total 528 (476)

(ii) Small Cause Suits:

No Small Cause Suit was instituted during the year and no suit was pending at

the beginning of the year for disposal. So, the pendency at the end of the year was nil.

4. Insolvency Petition: 310 (363) Insolvency Petitions came up for disposal during the year under

report in all the Courts other than the High Court, of which 122 (155) were disposed of

leaving a balance of 188 (208) pending at the end of the year.

5. Wakf Tribunals:283 (163) Wakf cases were instituted in all the three Wakf Tribunals together.

The total number of cases for disposal, including the 340 (326) cases pending at the

beginning of the year, were 623 (489). Out of this 189 (149) cases were disposed of

leaving 434 (340) cases pending at the end of the year.

6. Family Courts: 49236 (48015) cases were instituted in all the 28(28) Family Courts together.

2116 (2126) cases were received by way of transfer/restoration. The total number of

cases for disposal including the 52446 (51474) cases pending at the beginning of the

year were 103798 (101615). Out of this, 47718 (48633) cases were disposed of and

729 (536) were transferred leaving 55351 (52446) cases pending at the end of the

year.

APPELLATE LITIGATION a) Sub Courts:

(i) Regular Appeals: 2349(2372) appeals were instituted during the year. 148

(517) appeals were received otherwise. The total for disposal was 10585(11562)

including 8088(8673) pending at the beginning of the year, of which 2611(2807) were

disposed of and 597(667) were transferred leaving a balance of 7377(8088) pending at

the end of the year. The average duration of appeals disposed of was 146(112) days.

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The period of pendency of 7377(8088) appeals pending at the end of the year is

shown below:

Nature of pendency Number of AppealsBelow 1 year 1648(1561)

Between 1 and 2 years 1643(1809)

Between 2 and 3 years 1208(1505)

Between 3 and 4 years 1002(1109)

Between 4 and 5 years 712(971)

Above 5 years 1164(1133)

Total 7377(8088)

(ii) Miscellaneous Appeals: 722(660) Miscellaneous Appeals were instituted

during the year. 35(57) such appeals were received otherwise. Thus, the total for

disposal was 1490(1470) including 734(753) pending at the beginning of the year. Of

these 626(731) appeals were disposed of and 1(5) was transferred leaving a balance

of 864(734) pending at the end of the year. The average duration of the appeals

disposed of was 147(62) days. The period of pendency of 864(734) miscellaneous

appeals is as shown below:

Nature of Pendency Number of AppealsBelow 1 year 414(356)

Between 1 and 2 years 292(236)

Between 2 and 3 years 107(91)

Between 3 and 4 years 27(39)

Between 4 and 5 years 12(9)

Above 5 year 12(3)

Total 864(734)

b) District Courts:

(i) Regular Appeals: 3231(3231) appeals were instituted during the year and

1461(1648) were received otherwise. Including 7407(8044) pending at the beginning

of the year, there were 12099(12923) appeals for disposal, of which 3328(3829) were

disposed of and 1415(1687) were transferred leaving a balance of 7356(7407) appeals

pending at the end of the year. The average duration of appeals disposed of was 45

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(25) days. The period of pendency of 7356(7407) appeals is as follows:

Nature of Pendency Number of AppealsBelow 1 year 2001(1999)

Between 1 and 2 years 2062(2095)

Between 2 and 3 year 1285(1248)

Between 3 and 4 years 749(837)

Between 4 and 5 years 484(733)

Above 5 year 775(503)

Total 7356(7407)

(ii) Miscellaneous Appeals: 1392(1162) Miscellaneous Appeals were instituted

during the year. 391(494) were received otherwise. Thus, the total for disposal was

4091(4649) including 2308(2493) Miscellaneous Appeals pending at the beginning of

the year, of which 1516(1675) were disposed of and 320(666) were transferred leaving

a balance of 2255(2308) pending at the end of the year. The average duration of the

appeals disposed of was 112(121) days. The period of pendency of the 2255(2308)

Miscellaneous Appeals is as shown below:

Nature of Pendency Number of AppealsBelow 1 year 659(798)

Between 1 and 1 years 751(700)

Between 2 and 3 year 329(426)

Between 3 and 4 years 170(169)

Between 4 and 5 years 103(98)

Above 5 year 243(117)

Total 2255(2308)

REVIEW, REVISION AND REFERENCES1.Review:

There were 2824(2554) Review Petitions for disposal including 1577(1431)

pending at the beginning and 1247(1123) received during the year. Of these 1126(977)

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were disposed of leaving a balance of 1698(1577) pending at the end of the year.

2.Revision:

(a) Civil Revision Petitions: 523(807) Civil Revision Petitions were received

during the year. Including 1701(1688) Civil Revision Petitions pending at the beginning

of the year there were 2224(2495) Civil Revision Petitions for disposal of which 403

(794) were disposed of leaving a balance of 1821(1701) pending at the end of the

year.

(b) Rent Control Revision: During the period under report, 399(533) Rent

Control Revisions were received. Including the 410(270) cases pending at the

beginning of the year, there were 809(803) Rent Control Revisions for disposal, of

which 394(393) were disposed of leaving a balance of 415(410) cases pending at the

end of the year.

(c) Sales Tax Revision: 40(87) Sales Tax Revisions were received during the

year. Including the 198(145) cases pending at the beginning of the year, there were

238(232) Sales Tax Revisions for disposal, of which 87(34) were disposed of leaving a

balance of 151(198) cases pending at the end of the year.

3.References:

(a) Income Tax References: During the period, no(18) Income Tax Reference

was received. Including the 61(47) tax references pending at the beginning, there were

61(65) tax references for disposal. Of these, no(4) tax reference was disposed of

leaving a balance of 61(61) tax references pending at the end of the year.

(b) Referred cases: During the period under report, no(2) referred cases were

received. Including the 3(2) referred cases pending at the beginning, there were 3(4)

referred cases for disposal. Of these, no(1) referred case was disposed of leaving a

balance of 3(3) referred cases pending at the end of the year.

(c) Central Excise References: One(3) Central Excise Reference was pending at

the beginning and no(0) Reference was instituted. Of the 1(3) Reference for disposal,

1(2) Reference was disposed of leaving a balance of 0(1) at the end of the year.

MISCELLANEOUS PETITIONS/CASES1. Execution Petitions:

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The total number of Execution petitions received during the year in all the Courts

was 40583(39258). Out of the 93537(86397) petitions for disposal including 52954

(47139) pending at the beginning of the year, 31398(28869) were disposed of and

4030(3900) were transferred leaving 57231(52954) pending at the end of the year. Of

the petitions disposed, full satisfaction was obtained in 12978(12754) petitions and

8993(7351) petitions were wholly infructuous. The amount realized in execution during

the year was `248,99,15,126/-(`308,93,46,688/-) and in 1289(491) applications,

judgment debtors were sent to jail.

2. Miscellaneous cases under Special Enactments:

487225(494685) cases under the Special Enactments came up for disposal in

all the Courts together, of which 274048(287336) were disposed of leaving a balance of

213177(207349) cases pending at the end of the period.

District/Subordinate Courts/High Court (Criminal):

ORIGINAL

9. Number of Offences

10, 25, 038(9, 73, 441) offences were reported during the year under

report. 5, 00, 226 (4, 12, 238) were under Indian Penal Code and 5, 24, 812

( 5, 61, 203) were under the Special and Local Laws. The total number of persons

involved in these offences including those pending at the commencement of the year

was 27, 13, 833( 25, 99, 661). The percentage of offences reported under the penal

Code was 48.80 % (42.35 %) and under the Special and Local Laws was 51.20%

( 57.65%)

10. Honorary Judicial II nd class Magistrate's Courts:

Total Number of cases reported during the year was 37, 637

( 40, 772) including 51, 585 (51, 250) cases pending at the commencement of the

year, the total number of cases that came up for disposal during the year under report

was 89, 222(92, 022) involving 89, 235 ( 93, 454) persons. Of these 44, 360 ( 40,

437) cases involving 44, 464 ( 40, 797) persons were disposed of leaving 44, 862

( 51, 585) cases involving 44, 771 (52, 657) persons pending at the end of the year.

33, 851 (35, 004) persons were convicted during the year. The percentage of

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conviction to the total number of persons involved in cases disposed of was 76.13 %

( 85.80 %).

11. Other Magistrate's Courts - (Inquiries and Trials)

The total number of cases that came up for disposal during the year in all

classes of Magistrates' Courts (other than Honorary Magistrates' Courts) was 17, 52,

769 (17, 53, 992) . Of these, 7, 90, 903 ( 8, 38, 427) cases were pending at the

commencement of the year, 9, 33, 396 ( 8, 95, 815) cases were reported during the

year and 28, 470 ( 19, 750) cases were received otherwise. The details of disposal

and pendency are shown below:

Classes of Magistrate'sCourts

Disposed of Pending

Cases Persons Cases Persons

Average

Duration indays

1 2 3 4 5 6Courts of the JudicialMagistrate's of the IClass, Chief JudicialMagistrate's Courts andChildren's Courts

8, 88, 503(9, 63,089)

12, 12, 402(11, 99,

536)

8, 64, 266(7, 90,903)

12, 85, 742(11, 97,

599)

194.78(64.55)

The general results of inquiries and trials before the Magistrates of several classes are

as follows:

Classes of Magistrate's Courts

No. of PersonsAcquitted

ordischarged

Convicted

Percentage of

conviction

Courts of the Judicial Magistrate's ofthe I Class (Including ChiefJudicial Magistrate's Courts &Children's Courts)

3, 97, 661(4, 81, 470)

6, 25, 622(5, 57, 969)

51.60% ( 46.52%)

Courts of the Honorary JudicialMagistrate's of the Second Class

10, 560(3, 669)

33, 851(35, 004)

76.31 % (85.80 %)

12. Sessions Courts

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Total number of cases reported during the year was 18, 841 ( 14, 932)

and 6, 694 ( 2, 172) cases were received otherwise. Including 44, 461( 42, 281)

cases pending at the commencement of the year, the total number of cases that came

up for trial in all the Sessions Courts together was 69, 996 ( 59, 385) of which 26,

361 ( 14, 924) were disposed of leaving 43, 635 ( 44, 461) cases pending at the end

of the year. The average duration of disposal in days, of cases was 603.82

(514.62) , reckoning from the date of receipt of records in the Sessions Courts to the

date of disposal.

The total number of persons involved in the above cases were 1, 26,

454 (1, 09, 072) . Of these 18, 106 ( 13, 672) persons were acquitted or discharged,

2, 167 ( 1, 923) persons were convicted and the cases of 4, 234 ( 10, 724)

persons were otherwise disposed of, i.e., by transfer, referred, death, escape from

custody etc. The remaining 84, 092 (82, 753) persons were awaiting trial at the end

of the year. The percentage of convicted persons to the total number of persons

involved in the cases disposed of, including those transferred to the High Court for

confirmation of sentences passed on them was 1.71 % (1.76 %).

Out of the 27, 107 (25, 167) persons whose cases came up for trial for

murder, 1 (Nil) was sentenced to death, 112 ( 124) were sentenced to life

imprisonment, 3, 937 ( 3, 231) were discharged or acquitted. Cases of 4, 091 (4,

899) persons were otherwise disposed of and 18, 409 (16, 477) were awaiting trial at

the end of the year.

APPEALS

13.Courts of Sessions

In all Courts of Sessions together , including 10, 862 (12, 270) appeals

involving 16, 335 ( 18, 352) persons pending at the beginning of the year, there were

17, 102 ( 20, 782) appeals involving 25, 782 (31, 058) persons for disposal. Of these

6, 873 (9, 920) appeals involving 10, 046 ( 14, 723) persons were disposed

during the year under report. Average duration of appeals disposed of was 401

( 334) days. 9, 828 ( 10, 862) appeals involving 15, 306 (16, 335) persons

were left pending at the end of the year.

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14. High Court

Including 17, 518 (16, 592) appeals pending at the end of the previous

year, there were 18, 859 (18, 608) appeals for disposal involving 27, 423

(21, 562) persons. Of these 1, 845 (1, 090) appeals involving 2, 519 ( 2,

297) persons were disposed of leaving 17, 014(17, 518) appeals involving 24,

904 (19, 265) persons pending at the end of the year. The average duration of

appeals disposed of was 3, 485 ( 2, 738) days.

Out of 1, 845 (1, 090) appeals decided 1, 660 (1, 033) appeals were

of persons convicted and 185 ( 57) were appeals against acquittals. In the

1, 660 (1, 033) appeals against conviction 2, 309 (2, 119) persons were involved.

The findings of lower courts and sentences passed by them were upheld in the case of

580 (890) persons; conviction altered but sentence confirmed in the case of 339 (306)

; conviction confirmed but sentence altered in the case of 242 ( 634) , conviction

and sentence altered in the case of 192 (174) , conviction quashed and acquitted

in the case of 692 ( 70) , conviction quashed and retrial ordered in the case of 264 ( 45)

and enhanced to death in the case of none (Nil).

In the case of 185 ( 57) appeals against acquittals involving 210(178)

persons, interference was declined in the case of 133 (158) . Acquittal set aside and

convicted in the case of 1( 1) and the acquittal set aside and retrial ordered in the

case of 76 ( 6) and cases of no ( 13) persons were otherwise disposed of.

iii. REVISIONS AND REFERENCES

15 .Courts of Sessions:

In all Courts of Sessions together, 830 (1, 129 ) revision petitions

were filed during the year. Including 1, 008 ( 1, 105 ) petitions pending from the

previous year 1, 838 ( 2, 234) revision petitions came up for disposal. Of these,

1, 080 ( 1, 226) petitions were disposed of leaving 758 ( 1, 008) pending at the end

of the year.

16. High Court:

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(a) Revision: 1, 819 (2, 607) Revision Petitions were filed during the

year. Including those pending from the previous year, there were 14, 676 (14,

730) Revision Petitions for disposal. Of these, 2, 920 ( 1, 873) were disposed of and

11, 756 (12, 857) were left pending at the end of the year. 557 (475) Family Court

Revision Petitions were filed during the year. Including the 907 ( 898) Revision

Petitions pending from the previous year there were a total of 1, 464 ( 1, 373)

Revision Petitions for disposal. Of these 648 (466) were disposed of leaving 816

(907) Petitions pending at the end of the year.

(b) References: 6 (10) references came up for disposal including

2(7) filed during the year and 4 (6) cases were disposed of leaving 2( 4)

references pending at the end of the year.

(c) Death Sentence References: 13(12) Death sentence References,

including 2( Nil) filed during the year came up for disposal during the year. 1

(2) was disposed of leaving 12 (10) pending at the end of the year.

No (2) petition for leave to appeal to the Supreme Court was granted by

the High Court. Special Leave to Appeal was granted in 48 ( 72) cases by the

Supreme Court against the decision of the High Court.

17. Sentence

The sentence and orders passed by the Courts of Sessions and Courts of

Magistrates (other than the Courts of the Honorary Judicial Magistrates) on persons

convicted were as follows :

Sl.No Sentences passed 2014-2015 2015-20161 2 3 4

1 Sentenced to death (subject toconfirmation of the High Court) Nil 1

2 Imprisonment for life 124 112

3Imprisonment (a) Rigorous 5, 180 1, 077

(b) Simple 9, 207 7, 158

4Fine (a) alone 5, 37, 498 4, 98, 887

(b) withImprisonment

37, 032 29, 114

5 Released on Probation 599 695

6 Sent to Borstal School/Poor Home 25 Nil

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Sl.No Sentences passed 2014-2015 2015-20167 Released on bail or bond 179 765

8 Delivered to Guardian 102 94

18. Bail or Recognizance:

Proceedings were taken against 23, 842 ( 29, 166) persons for failure

to observe the conditions of their recognizance and 16, 535 ( 13, 722) were

convicted.

19. Juveniles: Including those pending from the previous year 4, 542 ( 4, 411)juveniles

i.e, 4, 524 ( 4, 390) boys and 18 (21) girls were brought to trial during the year

under report. 5( 25 ) boys and No (Nil) girl were sent to Borstal school. Of 838

(968) - 829 (959) boys and 9( 9) girls - were discharged or acquitted. Cases of 605

(357) Juveniles - 604 ( 354) boys and 1( 3)) girl - were otherwise disposed of. In

38 (12) - 38 (12) boys & no (Nil) girl - were released on bond; In 493 ( 172) -

492 (172) boys and 1 (Nil) girl were released on probation and in 157 ( 557) - 154

(556) boys and 3( 1) girl - were delivered to their guardians. At the end of the year

under report, 2, 406 (2, 320) juveniles i.e, 2, 402 (2, 312) boys and 4 ( 8) girls

were awaiting trial.

20. FineThe total amount of fine pending collection in all sessions( including the erstwhile

Fast Track courts) and Magistrate courts during the year under report is as follows:

` Ps

(a) Balance outstanding at the beginning of theyear 199, 88, 31, 612 00

(b) Amount of fine imposed during the year 120, 48, 86, 554 00

(c) Total for Collection 320, 37, 18, 166 00

Amount realised 104, 04, 85, 266 00

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` PsAmount remitted in appeal or revision 3, 00, 83, 013 00

Amount written off as irrecoverable 3, 36, 15, 890 00

(d) Amount pending at the end of the year 209, 95, 33, 997 00

The break-up of fine pending recovery is as follows :-

` Ps(a) Amount pending in Appeal or Revision 76, 52, 31, 803 00

(b) Amount advised for revenue recovery action 26, 77, 62, 290 00

(c) Irrecoverable amount for which write offproposals are initiated 2, 60, 28, 339 00

(d) Collectable Balance 104,05, 11, 565 00Amount pending at the end of the year 209, 95, 33, 997 00

The Year-wise break up of fine pending recovery and the year-wise break

up collectable balance in the Sessions(including the erstwhile fast Track courts) and

Magistrate's Courts is as follows:

YearFine pending Recovery ` Ps.

Collectable balance

` Ps.1979 - 1980 400 -

1980 - 1981 1, 500 -

1981 - 1982 4, 400 -

1982 - 1983 1, 10, 750 -

1983 - 1984 41, 162 -

1984 - 1985 19, 845 -

1985 - 1986 18, 930 -

1986 - 1987 60, 790 6, 950

1987 - 1988 60, 450 14, 000

1988 - 1989 1, 15, 400 28, 750

1989 - 1990 3, 12, 425 2, 06, 700

1990 - 1991 21, 82, 006 19, 95, 632

1991 - 1992 12, 50, 424 8, 65, 050

1992 - 1993 18, 21, 265 10, 87, 910

1993 - 1994 18, 65, 586 7, 99, 000

1994 - 1995 24, 49, 384 4, 42, 850

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YearFine pending Recovery ` Ps.

Collectable balance

` Ps.1995 - 1996 39, 25, 863 14, 85, 066

1996 - 1997 45, 40, 748 13, 43, 095

1997 - 1998 70, 58, 352 19, 52, 632

1998 - 1999 1, 04, 63, 845 24, 83, 817

1999 - 2000 1, 35, 02, 691 27, 99, 060

2000 - 2001 1, 64, 94, 871 51, 00, 350

2001 - 2002 2, 81, 71, 568 1, 59, 53, 479

2002 - 2003 3, 87 ,68,295 1, 66, 60, 967

2003 - 2004 7, 53, 48, 830 3, 28, 00, 752

2004 - 2005 11, 23, 84, 611 6, 47, 72, 610

2005-2006 12, 65, 73, 487 6, 60, 67, 731

2006-2007 18, 30, 46, 600 10, 09, 07, 421

2007-2008 17, 87, 86, 276 9, 57, 00, 096

2008-2009 18, 56, 47, 166 10, 03, 17, 496

2009-2010 16, 55, 61, 048 7, 31, 40, 610

2010-2011 15, 87, 84, 345 6, 43, 60, 664

2011-2012 13, 79, 84, 458 7, 22, 51, 027

2012-2013 13, 97, 13, 260 6, 80, 31, 643

2013-2014 15, 74, 02, 723 7, 13, 24, 077

2014-2015 17, 22, 69, 705 8, 96, 22, 852

2015-2016 17, 27, 90, 538 8, 79, 89, 278

Total 209, 95, 33, 997 104, 05, 11, 565

21. Witnesses

(a) Magistrate's Courts:

1, 65, 267 (1, 74, 005) witnesses were examined by all classes of

Magistrates during the year under report. The number of witnesses required to attend

the Court for more than three days were 17, 475 ( 15, 841).

(b)Court of Sessions:

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The total number of witnesses examined during the year under report

was 62, 579 ( 53, 665) of whom those required to attend the Court for more than

three days were 4, 389 ( 3, 945) .

22. Cases defended at State Cost: 432 (385) cases were defended at State cost during the year. The

expenditure incurred on that account was `` 4, 96, 000/-( ` 95, 300/-). In the High

Court, 57 (78) cases were defended at State cost. The expenditure incurred on that

account was ` 1, 71, 000( ` 1, 87, 400/- ) .

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