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INTRODUCTION
The subject of legal History comprises the growth, evolutio a! !evelopmet of the
legal system of a coutry" it sets forth the historical process where by a legal
system has come to be what it is over time#
The subor!iate courts i $agla!esh are oe of the two tiers of the court system i
$agla!esh a! the other tier is the %upreme Court &which has bee !iscusse!
earlier'#The subor!iate courts are locate! i !i(eret !istricts a! metropolita
areas across $agla!esh# )ll the subor!iate courts are u!er the authority or
supervisio of the %upreme Court of $agla!esh that is, all the subor!iate courts
of $agla!esh are subserviet or subjugate! to the %upreme Court of $agla!esh#
There are a wi!e variety of subor!iate courts, such courts are the creatures of
statutes# Their powers, *uctios a! juris!ictios are also !etermie! by the
respective statutes# These are the basic courts i the system of the ju!iciary of
$agla!esh# The major bul+ of the cases, are trie! a! hear! i such courts# The
basis of subor!iate courts are
- )rticle# ../ of the Costitutio of $agla!esh which !eal with the establishmet
pf subor!iate courts a! lays !ow the there shall be i a!!itio to the %upreme
Court, such courts subor!iate there to as may be establishe! by law#
- The Civil Courts )ct .001
- The Co!e of Crimial 2roce!ure &Cr2C' .030
The subor!iate courts i $agla!esh ca be !ivi!e! i two broa! classes, amely,
civil courts a! crimial court#
INTRODUCTOR4 R56)R7%
$agla!esh which emerge! as a i!epe!et a! sovereig state o the .8th
December, .31., has a log political a! legal history# I the aciet times it was
rule! by the local Hi!u rulers who a!miistere! justice accor!ig to local
customary laws base! o religio# )t the begiig of the .9th cetury it was
iva!e! by the 6uslims who rule! the coutry up to the mi!!le of the .0th cetury#
They itro!uce! Islamic a!miistratio of justice i which re:ectio of the legal
system of the Hi!u perio! coul! ot be igore! #Though the $ritish came to I!ia
%ubcotiet at the begiig of the .1thcetury, they were able to establish
political sovereigty over $egal a! ultimately over the whole of I!ia %ubcotiet at the mi!!le of the .0th cetury# They i;ltrate! their legal system a!
replace! the earlier oe i course of time# The $ritish left the %ubcotiet i .3/1
givig i!epe!ece to coloy of I!ia by !ivi!ig ito two i!epe!et !omiios,
I!ia a! 2a+ista# O i!epe!ece i .3/1, $agla!esh which was previously a
part of provice of $egal became a provice of 2a+ista ame! as 5ast 2a+ista
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a! was rule! by the 2a+istai eocoloial rulers up to .31. whe it emerge! as a
sovereig state#
%o, the roots of the !evelopmet of legal system of $agla!esh go bac+ to the
aciet times of I!ia %ubcotiet# It passes! through various stages stages a!
has gra!ually !evelope! as a cotiuous historical process# The process of the!evelopmet ca be coveietly !ivi!e! ito the four importat perio!sHi!u
perio!, the 6uslim perio!, the $ritish perio! a! the 6o!em perio!# The Hi!u
perio! e1)#D#i I!ia, a! laste! for early two hu!re! years# The 6o!er perio! has
begu with the with!rawal of the $ritish coloial rule from the I!ia %ubcotiet
a! the establishmet of the i!epe!et %tates of I!ia a! 2a+ista i .3/1#.
- %ec ?#D# 7ulshreshth, @a!mar+s i I!ia @egal a! Costitutioal History
&@uc+owA 5aster $oo+ Compay, .30.' at p#.#
6UBH)@ 25RIOD
Durig the 6ughal perio! the 5mperor was cosi!ere! the foutai of justice# The
5mperor create! a separate !epartmet of justice with a view to regulatig a!
observig the proper a!miistratio of justice# ) systematic gra!atio of courts with
well!e;e! powers of the presi!ig u!ges e
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I each !istrict &%ar+ar' there were four courts ,amely, the Chief Civil a! Crimial
Court of the !istrict , *auj!ari )!alat, Court of 7otwali a! )malguFari 7achehri#I
each pargaah there were three courts , )!alateparagaa ,Court of 7otwali a!
7achehri# )t the village level the 6ughal retaie! the aciet system of the
pachaets for the settlemet of petty !isputes# )arpach, the villagehea!ma, was
the 2resi!et of the pachact#
This system of law u!er the 6ughals was e(ective a! wor+e! well for some
ceturies# Its !isitegrstio starte! whe the cotrol of the 6ughal 5mperors over
the provices became less e(ective# )other cause of this !isitegratio was the
comig of the 5glish a! the i;ltratio of their legal system ito the coutry# The
acGuisitio of sovereigty over I!ia was slowly ma!e by imperceptible steps a!
the su!!e applicatio of a foreig law was i the highest !egree, improbable#
$ut ultimately the 5glish establishe! their sovereigty over I!ia %ubcotiet
a! ma!e a e3
- @etters 2atet of /th %eptember, .18, the .9th year of the reig of Beorge I#
- %ee )!vocateBeeral of $egal v# Raee %uromoye Dossee# &.089' 3 6#I#)#
//#
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- %ee ustice ?ivia $ose, op# cit#, at p#8=
I course of time the activities of the compaies were ot co;e! to the factories"
a! their oLcers gra!ually assume! the maagemet of a(airs i the iterior of the
coutry as well# They !efeate! the Nawab of $egal i .1>1)#D# a! establishe!
the politial supremacy i $egal, $ihar a! Orissa# I .181)#D# Clive successfullypersua!e! 6ughal 5mperor %hah )lam to grat to the Compay Diwai to the
collectio a! a!miistratio of reveue of $egal, $ihar a! Orissa#
JThis ivolve! the establishmet, ot oly of oLcers to collect the reveue, but also
of court of a!miisters civil a! crimial justice#K 2rofessor )la Ble!hill regar!e! it
as the J!e jure recogitioK of supreme cotrol of the $ritish#
)fter the acGuisitio of Diwaai i .18> )#D# the Compay itro!uce! a!alat or
court system i .11)#D# for the a!miistratio of justice i 6ufassil beyo!
2resi!ecy Tow of Calcutta a! set up two types of Court i each reveue !istrict#
*or civil justices, 2rovicial Civil Court style! 6ufassil Diwai )!alat was establishe!
i each collectorate a! a Chief Civil Court style! %a!ar Diwai )!alat with
appellate power was establishe! i Calcutta# ) %upreme Court of u!icature
replacig the 6ayors Court was establishe! i Calcutta by a Charter of the 8th
6arch, .11/ )#D# pursuat to the Regulatig )ct of .119,3 )#D# passe! by $ritish
2arliamet# It ha! juris!ictio of a commo law court a! also the powers of the
court of eGuity aalogous to those e
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Cetre a! the costituet Uits# Its a!visory juris!ictio was limite! oly to those
cases which were referre! to it by the BoverorBeeral for its a!vice o ay legal
Guestio of public importace# It also e ?ict# C# .=/
- . Beo# ?# C# .0#
- >8 Beo# ?# C# 8.#
- 8 Beo# ?# C# #
This ju!icial system cotiue! up to .3/1 )#D# whe two i!epe!et !omiios,
I!ia a! 2a+ista, were create! u!er the I!ia I!epe!ece )ct, .3/1#
$efore closig the !iscussio o the legal system u!er the $ritish perio! a brief!iscussio o the co!i;catio of law shoul! be ma!e# The begiig of the .3th
cetury was full of cofusio a! chaos# @aw i all the 2resi!ecy Tows was ot
uiform# u!icial !ecisios itro!uce! some !i(ereces therei# There was
ucertaity whether a particular propositio of law was applicable or ot either i
the 6ofussil or i the 2resi!ecy Tows till the highest court ha! give a ver!ict#
The oHi!u a! o6uslim sectios of populatio were subject to !i(eret laws
as accor!ig as they resi!e! i the 6ofussil or the 2resi!ecy Tows, a! this
cause! them great icoveiece#
The co!itio of law at that perio! provo+e! commets a! criticisms from may
lea!ig people who put emphasis o the co!i;catio of law#.8 The creatio of a )llI!ia @egislative Coucil i .099 u!er the Charter )ct of .099 a! creatio of @aw
Commissios of .09>,.0>9,.08., a!.013,were the !irect re:ectios of these
commets a! criticisms,a! the promulgatio of the I!ia 2eal Co!e,.08=&)ct
@? of .08=', mar+e!K the begiig of the perio! of co!i;catio of substative law#
- .=.. ? Beo# ?I# C# 9=
- Hasar!s Debates, Thir! %eries, ?ol# ?III, 13 &.099'# %ee also 6usleah v#
6usleah, I!# Dec# &O%' III, ./1
- %ee 6#2# ai, Outlies of I!ia @egal History &$ombayA N#6 Tripathi 2rivate @t!A,
.31' at pp# >==>=>
- 9/ Mill# I? C# 0>#
- 6#2# ai, op#cit#, at pp# >..>>.#
- Ibi!#, at p# >>.#
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I .01 the famous I!ia 5vi!ece )ct &)ct I of .01' a! I!ia Cotract )Ibi!#, at
p# >>.#ct &)ct I of.01 ' were passe!# )ll these )cts were base! o the commo
law of 5gla! a! ma!e remar+ably few !epartures from it#= Mithi a few years a
umber of )cts were passe! which provi!e! the laws accor!ig to the provisios of
which a!miistratio of justice was maitaie!#
I this way JP the 5glish brought ito I!ia ot oly the mass of legal rules strictly
+ow as the commo law but also their tra!itios, outloo+s a! techiGues i
establishig, maitaiig a! !evelopig the ju!icial systemK. the far reachig
impact of which will ot be remove! i the ear future#
- ustice ?ivia $ose, op# cit#, at p# 8=#
- 6#C# %etalva!, &@o!oA %teves a! %os @imite!, .38=' at p#9#
HINDU 25RIOD
I aciet $agla!esh as well as i I!ia the +ig was regar!e! as the foutaihea! of justice# His foremost !uty was to protect his subjects# He was respecte! as
the lor! of religio a! was etruste! with the supreme authority of the
a!miistratio of justice i his +ig!om# The +igs Court was the highest Court of
appeal# It was also the origial Court o the cases of vital importace to the
+ig!om#
Ne
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The supreme court which replace! the fe!eral court was give power to issue writs
to eforce fu!ametal rights i a!!itio to the power to hear appeals from the
!ecisio of the high courts# The supreme court a! the high courts coul! also
!eclare ull a! voi! ay laws which was icosistet with the fu!ametal rights#
The laws ma!e !urig $ritish rule cotiue! with mior mo!i;catios# However,
after the promulgatio of martial law i .3>0, the Costitutio was abrogate!# Trialby jury was abolishe! i ue .3>3, a! i .38. cociliatio courts were costitute!
with the chairme of the uio prisha!s a! represetatives of the !isputig parties
to !eci!e petty civil a! crimial cases# The Costitutio of .38 as ame!e! i
.38/ gave power to the high courts to eforce fu!ametal rights i a!!itio to
power to issue writs, a! the supreme court to hear appeals from the !ecisios of
the high courts# $ut the costitutio was agai abrogate! i .383 after the
promulgatio of seco! martial law#
$)NB@)D5%H 25RIOD
)fter the emergece of $agla!esh i .31., iitially there was o chage of lawsa! the ju!icial system# $ut with the comig ito force of the Costitutio of
$agla!esh o .8 December .31, the %upreme Court of $agla!esh with two
!ivisios, the High Court Divisio a! the )ppellate Divisio, came ito beig# )s
the ape< court the high court !ivisio has bee veste! with the power to hear
appeals a! revisios from subor!iate courts, a! also to issue or!ers a!
!irectives i the ature of writs to eforce fu!ametal rights a! to grat other
reliefs available u!er the writ juris!ictio#
The appellate !ivisio is veste! with power to hear appeals from the !ecisios of
the high court !ivisio or from ay other bo!y u!er ay statute# The high court
!ivisio has also powers of supervisio a! cotrol of the subor!iate courts a!tribuals# The supreme court is a court of recor! a! ca puish ay oe for its
cotempt or cotempt of the courts subor!iate to it# The laws !eclare! by the
appellate !ivisio is bi!ig o the high court !ivisio a! law !eclare! by either
!ivisio is bi!ig o all subor!iate courts# The high court !ivisio may !eclare ay
law icosistet with the fu!ametal rights as ull a! voi!# The 2resi!et of the
republic cotrols the ju!icial oLcers of the subor!iate courts i cosultatio with
the supreme court#
There are labour courts a! labour appellate tribuals to !eci!e labour !isputes,
a!miistrative tribuals a! a!miistrative appellate tribual to !eci!e service
!isputes of public servats, icome ta< appellate tribual to !eci!e icome ta' Buar!iaship a! custo!y of chil!re
)# CON%TITUTIONA
)rtho Ri )!alat &@oa Recovery Courts' have bee costitutio with oit !istrict
u!ges i every !istrict#
To realiFe !ebt !ue to ba+s a! ;acial Istitutios as speci;e! i the )ct, ==9#
&II' 2roce!ure to be followe!A Uless there is aythig repugeat i the )ct, the
court may follow the proce!ures as lai! i the C#2#C#
CON%TITUTIONA
)s there is small cases court to esure spee!y justice a! early !isposal of !isputes
of small amout, the Bovermet has empowere! the form courts to try the cases
of small amout#
&)' %mall cause suit value! up to ta+a si< thousa! is to be ;le! i the court of
)ssistat u!ge#
&$' %uit valuatio up to ta+a te thousa! to be ;el! i the %eior )ssistat u!ge of
the local area#
&C' %uit value! up to ta+a twety thousa! is to be ;el! i the oit District u!ge of
the local area veste! with small causes power#
NOT5% )ND R5*5R5NC5%
The wor!s Joit DistrictK were substitute!, for the wor! J%ubor!iateK by sectio 3
of the Civil Courts &)me!met' )ct, ==. &)ct No# @I of ==.'
%ectio .3 was substitute!, for the former sectio .3 by sectio .= of the Civil
Courts &)me!met' )ct, ==. &)ct No# @I of ==.'#
The margial hea!ig was substitute!, for the former margial hea!ig by sectio
.. of the Civil Courts &)me!met' )ct, ==. &)ct No# @I of ==.'
The wor!s J)!!itioal DistrictK were substitute!, for the wor! J)!!itioalK by sectio
.. of the Civil Courts &)me!met' )ct, ==. &)ct No# @I of ==.'#
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The margial hea!ig was substitute!, for the former margial hea!ig by sectio
.. of the Civil Courts &)me!met' )ct, ==. &)ct No# @I of ==.'#
The wor!s J)!!itioal DistrictK were substitute!, for the wor! J)!!itioalK by sectio
.. of the Civil Courts &)me!met' )ct, ==. &)ct No# @I of ==.'#
The margial hea!ig was substitute!, for the former margial hea!ig by sectio
. of the Civil Courts &)me!met' )ct, ==. &)ct No# @I of ==.'#
The wor!s Joit DistrictK were substitute!, for the wor! J%ubor!iateK by sectio
. of the Civil Courts &)me!met' )ct, ==. &)ct No# @I of ==.'#
The wor!s J*ive lac Ta+aK were substitute!, for the wor!s Joe lac a! thirty
thousa! Ta+aK by sectio . of the Civil Courts &)me!met' )ct, ==. &)ct No#
@I of ==.'#
The wor!s J%eior )ssistat u!ge or a )ssistat u!geK were substitute!, for the
wor!s J)ssistat u!geK by sectio . of the Civil Courts &)me!met' )ct, ==.&)ct No# @I of ==.'#
The wor!s J)!!itioal DistrictK were substitute!, for the wor! J)!!itioalK by sectio
. of the Civil Courts &)me!met' )ct, ==. &)ct No# @I of ==.'#
The wor!s J)!!itioal DistrictK were substitute!, for the wor! J)!!itioalK by sectio
. of the Civil Courts &)me!met' )ct, ==. &)ct No# @I of ==.'#
The wor!s J%eior )ssistat u!ge or a )ssistat u!geK were substitute!, for the
wor!s J)ssistat u!geK by sectio . of the Civil Courts &)me!met' )ct, ==.
&)ct No# @I of ==.'#
The wor!s Joit DistrictK were substitute!, for the wor! J%ubor!iateK by sectios
. a! .9 of the Civil Courts &)me!met' )ct, ==. &)ct No# @I of ==.'#
The margial hea!ig was substitute!, for margial hea!ig by sectio .9 of the
Civil Courts &)me!met' )ct, ==. &)ct No# @I of ==.'#
The wor!s Joit DistrictK were substitute!, for the wor! J%ubor!iateK by sectios
. a! .9 of the Civil Courts &)me!met' )ct, ==. &)ct No# @I of ==.'#
The wor!s J%eior )ssistat u!ges or )ssistat u!gesK were substitute!, for the
wor!s J)ssistat u!gesK by sectio .9 of the Civil Courts &)me!met' )ct, ==.&)ct No# @I of ==.'#
The wor!s Joit DistrictK were substitute!, for the wor! J%ubor!iateK by sectio
./ of the Civil Courts &)me!met' )ct, ==. &)ct No# @I of ==.'#
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The wor!s J%eior )ssistat u!ge or )ssistat u!geK were substitute! for the
wor!s J)ssistat u!geK by sectio ./ of the Civil Courts &)me!met' )ct, ==.
&)ct No# @I of ==.'#
The wor!s Joit DistrictK were substitute!, for the wor! J%ubor!iateK by sectio
./ of the Civil Courts &)me!met' )ct, ==. &)ct No# @I of ==.'#
The wor!s J%eior )ssistat u!ge or )ssistat u!geK were substitute! for the
wor!s J)ssistat u!geK by sectio ./ of the Civil Courts &)me!met' )ct, ==.
&)ct No# @I of ==.'#
%ubclause &e' was omitte! by sectio 8&' of the $egal, )gra a! )ssam Civil
Courts &$egal )me!met' )ct, .39>#
The wor!s Joit DistrictK were substitute!, for the wor! J%ubor!iateK by sectios
./, .> a! .8 of the Civil Courts &)me!met' )ct, ==. &)ct No# @I of ==.'#
The wor!s J%eior )ssistat u!ge or )ssistat u!geK were substitute!, for thewor!s J)ssistat u!geK by sectios ./, .> a! .8 of the Civil Courts &)me!met'
)ct, ==. &)ct No# @I of ==.'#
The wor!s Joit DistrictK were substitute!, for the wor! J%ubor!iateK by sectios
./, .> a! .8 of the Civil Courts &)me!met' )ct, ==. &)ct No# @I of ==.'#
The wor!s J%eior )ssistat u!ge or )ssistat u!geK were substitute!, for the
wor!s J)ssistat u!geK by sectios ./, .> a! .8 of the Civil Courts &)me!met'
)ct, ==. &)ct No# @I of ==.'#
The wor!s J%eior )ssistat u!ge or )ssistat u!geK were substitute!, for thewor!s J)ssistat u!geK by sectios ./, .> a! .8 of the Civil Courts &)me!met'
)ct, ==. &)ct No# @I of ==.'#
The wor!s J%eior )ssistat u!ge or )ssistat u!geK were substitute!, for the
wor!s J)ssistat u!geK by sectios ./, .> a! .8 of the Civil Courts &)me!met'
)ct, ==. &)ct No# @I of ==.'#
I the margial hea!ig the wor!s J%eior )ssistat u!ges or )ssistat u!gesK
were substitute!, for the wor!s J)ssistat u!gesK by sectio .8 of the Civil Courts
&)me!met' )ct, ==. &)ct No# @I of ==.'#
The wor!s Joit DistrictK were substitute!, for the wor! J%ubor!iateK by sectios
./, .> a! .8 of the Civil Courts &)me!met' )ct, ==. &)ct No# @I of ==.'#
The wor!s J%eior )ssistat u!ge or )ssistat u!geK were substitute!, for the
wor!s J)ssistat u!geK by sectios ./, .> a! .8 of the Civil Courts &)me!met'
)ct, ==. &)ct No# @I of ==.'#
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The wor! J2rovicialK was omitte! by sectio 9 a! ! %che!ule of the $agla!esh
@aws &Revisio )! Declaratio' )ct, .319 &)ct No# ?III of .319'#
The wor!s, brac+ets a! ;gures Jtwety thousa! Ta+a i the case of a %ubor!iate
u!ge or te thousa! Ta+a i the case of a )ssistat u!ge whose juris!ictio has
bee e
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&a' u!icial 6agistrate a!
&b' 5
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that where i a !istrict, the District 6agistrate, )!!itioal District 6agistrate or ay
6agistrate of the ;rst class is specially empowere! u!er sectio 3C to try ay
o(ece, all )ssistat %essios u!ges of the sessios !ivisio withi which the
!istrict is situate shall be !eeme! to have bee appoite! as )!!itioal %essios
u!ges of that !ivisio#
The members of the $agla!esh u!icial %ervice shall be appoite! as %essios
u!ge, )!!itioal %essios u!ge a! oit %essios u!ge i accor!ace with the
rules frame! by the 2resi!et u!er the proviso to )rticle .99 of the costitutio to
e
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&>' The Bovermet may, if it thi+s e
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particular cases or a particular class or classes of cases, or i regar! to cases
geerally i ay local area outsi!e a 6etropolita are a A
2rovi!e! that o power shall be coferre! u!er the subsectio o ay police
oLcer below the gra!e of a )ssistat %uperite!et of 2olice a! o powers shall
be coferre! o a such police oLcer e of crimial 2roce!ure $eches of 6agistrates 2owers eQ a 6etropolita )rea to sit together as a $ech, a! may by or!er ivest such
$ech with ay of the powers coferre! or coferrable by or u!er this Co!e o a
6agistrate of the ;rst, seco! or thir! class, a! !irect it to e
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U!er %ectio .8 of crimial 2roce!ure 2ower to frame rules for gui!ace of
$eches
The Bovermet may, or, subject to the cotrol of the Bovermet, the .8Q Chief
u!icial 6agistrate may, from time to time, ma+e rules cosistet with this Co!e for
the gui!ace of 6agistrates $eches i ay !istrict respectig the followigsubjectsA
&a' the classes of cases to be trie!"
&b' the times a! places of sittig"
&c' the costitutio of the $ech for co!uctig trials"
&!' the mo!e of settlig !i(ereces of opiio which may arise betwee the
6agistrates i sessio#
U!er %ectio .1 of crimial 2roce!ure %ubor!iatio of 6agistrates a! $echesto District 6agistrate"
&.' )ll 5' a! $eches
costitute! u!er sectio .3, shall be subor!iate to the chief 6etropolita
6agistrate, who may, from time to time, give special or!ers cosistet with this
Co!e a! rules ma!e by the Bovermet u!er sectio .8 as to the !istributio of
busiess amog such 6agistrates a! $eches#
&/' )ll u!icial 6agistrates iclu!ig the Chief u!icial 6agistrate shall be
subor!iate to the %essios u!ge a! all 6etropolita 6agistrates iclu!ig the
Chief 6etropolita 6agistrate shall be subor!iate to the 6etropolita %essios
u!ge#
U!er %ectio.1) of crimial 2roce!ure %ubor!iatio of oit %essios u!ges
&.' )ll oit %essios u!ges shall be subor!iate to the %essios u!ge i whose
Court they e
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ma+e rules or give special or!ers cosistet with this Co!e as the !istributio of
busiess amog such joit %essios u!ges#
&'The %essios u!ge may also, whe he himself is uavoi!ably abset or
icapable of actig, ma+e provisio for the !isposal of ay urget applicatio by a
)!!itioal or oit %essios u!ge a! such u!ge shall have juris!ictio to !eal withay such applicatio#
U!er %ectio .0 of crimial 2roce!ure )ppoitmet of 6etropolita 6agistrates
&.' I every 6etropolita )rea, the Chief 6etropolita 6agistrate, )!!itioal Chief
6etropolita 6agistrate a! other 6etropolita 6agistrates shall be appoite! from
amog the persos employe! i the $agla!esh ju!icial %ervice#
&' The Bovermet may appoit oe or more )!!itioal Chief 6etropolita
6agistrates, a! such )!!itioal Chief 6etropolita 6agistrates shall have all or ay
of the powers of the Chief 6etropolita 6agistrate u!er this Co!e or u!er ay
other law for the time beig i force, as the Bovermet may !irect#
U!er %ectio .3 of crimial 2roce!ure
$eches
)y two or more of 6etropolita 6agistrates may, subject to the rules ma!e by
the Chief 6etropolita 6agistrate, sit together as $ech#
@ocal limits of juris!ictio
5very 6etropolita 6agistrate shall e
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&c' the times a! places at which such $eches shall sit"
&!' the mo!e of settlig !i(ereces of opiio which may arise betwee
6etropolita 6agistrates i sessio" a!
&e' ay other matter which coul! be !ealt with by a District 6agistrate u!er his
geeral powers of cotrol over the 6agistrates subor!iate to him#
&' *or the purposes of this Co!e, all 6etropolita 6agistrates, iclu!ig the
)!!itioal Chief 6etropolita 6agistrates, a! $ech of such 6agistrates shall be
subor!iate to the Chief 6etropolita 6agistrate" who may, from time to time,
ma+e rules or give special or!ers cosistet with this Co!e, as to the !istributio of
busiess amog such 6agistrates#
URI%DICTION O* TRI$UN)@
The tribual shall ot ta+e ay o(ece ito cogiFace without ay writte report of
ay police oLcer ot below the ra+ of subispector or ay other perso
authorise! by the Bovermet with ay or!iary or special or!er#
.' lf ay appellat has faile! to ma+e his allegatio to ay police oLcer or ay
authorise perso a! ;le! a# petitio with a aL!avit of such failure to the tribual
the verifyig the appellat
a' beig satis;e! the tribual shall !irect, ay substrate or ay other perso toiGuire ito the allegatio a! he perso so !irecte! to iGuiry shall submit the
report to the tribual withi the perio! of seve wor+ig !ays"
b' beig ot satis;e! the tribual shoul! !ismiss the petitio at oce#
lb' If ay tribual is alter receipt of report, satis;e! that
a' the petitioer has %aile! to ma+e ay police oLcer or ay authorise! oLcer to
ta+e the petitio a! there are evi!eces i support of the petitio, the the
tribual shall ta+e the o(ece for a!ju!icatio o the basis of such report a!
allegatio"
b' the tribual shall !ismiss the petitio o !isproof of that the petitioer has
faile! to ma+e the police oLcer to ta+e the allegatio, or there is ay evi!ece i
support of such allegatio#
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c' The tribual may !espite beig ot available of ay allegatio or
recomme!atio i regar! to it to ta+e procee!ig, ta+e ay o(ece for trial, if
cosi!ers appropriate a! for the greater iterest of justice#
)# CON%TITUTIONA
The spee!y Trial Tribuals have bee establishe! with the sessio u!ge u!er the
spee!y Tribual )ct ==#
$# URI%DICTIONA
This tribual shall try of these certai o(eces of &a' mur!er &b' rape &c' possessio
of illegal arms, &!' e
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Coclusio A
I the .st chapter Itro!uctio a! ! chapter of this research paper I have
!iscuss about the court structure of 6ughal perio!, $ritish perio!, I!ia 2erio!,
2a+ista perio! a! $agla!esh 2erio! a! i the 9r! chapter I have !iscuss about
civil court where oly ju!ge the civil cases i the act of .001 with )me!met i==. there are ;ve +i!s of civil courts
The Court of the District ju!ge The juris!ictio of this court i *ive lac ta+a#
The Court of the )!!itioal District u!ge The juris!ictio of this court i ;ve lac
ta+a &%ome'#
The Court of the joit District ju!ge This court ca ju!ge ay u;
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&i' Not more tha ;ve years imprisomet
&ii' @aw %ubmitte! imprisomet#
&iii' Not more tha .= thousa! ta+a# moey pealty with caig#
&$' ! Class 6agistrate S
&i' @aw 2ermitte! 2uishmet a! ot more tha 9 years imprisomet
&ii' Not more tha > thousa! ta+a moey pealty#
&C' 9r! Class magistrate S
&i' Not more tha years puishmet a!
&ii' Not more tha thousa! ta+a moey 2ealty#
Mithout ta+ig moey 2ealty they ca give e