An Analytical Digest of All the Reported Cases Decided in the Supreme Courts of Judicature in India

the apprehending of persons charged with crimes and offences, and forwarding them to the Magistrates.

2. MADRAS.

(a) Civil Courts.

1. Village Moonsiffs are authorised to try and determine suits preferred to them, where the amount in dispute does not exceed 10 rupees. Their decisions are final.1

2. District Moonsiffs are authorised to try and determine suits in which the disputed amount does not exceed 1000 rupees. An appeal lies from their decisions to the Zillah Courts. A summary appeal from their orders rejecting suits also lies to the Zillah Judges, the Subordinate Zillah Judges, or the Principal Sudder Ameens.*

3. Sudder Ameens have jurisdiction in suits where the amount in dispute does not exceed 2500 rupees.5 An appeal lies from their decisions to the Zillah Courts. A summary appeal from their orders rejecting suits also lies to the Zillah Courts."

4. Subordinate Zillah Judges and Principal Sudder Ameens are empowered to try and determine suits where the amount in dispute does not exceed 10,000 rupees; and also any appeals from District Moonsiffs referred to them by the Zillah Courts. An appeal lies from their decisions to the Zillah Courts. A summary appeal from their orders rejecting suits also lies to the Zillah Courts 10; and a second or special appeal lies to the Sudder Adawlut from their decisions in regular appeals, when inconsistent with law or usage or the practice of the Courts."1

5. The Zillah Courts have an unlimited original jurisdiction, commencing at 10,000 rupees. 12 Appeals, regular and sum

mary, lie from the decisions and orders of the Zillah Courts to the Sudder Adawlut 1; and a second or special appeal lies to the same Court from their decisions in regular appeals.2

6. The Sudder Adawlut, which is the Chief Civil Court of Appeal, has a power of calling up from the Zillah Courts, and trying in the first instance, suits in which the disputed amount exceeds 10,000 rupees. The decisions of the Sudder Adawlut are final, except in suits where the disputed amount exceeds 10,000 rupees, when an appeal lies to Her Majesty in Council.1

(b) Criminal Courts.

1. Magistrates, and Joint and Assistant Magistrates, are directed to apprehend persons charged with petty thefts and trivial offences and send them for trial to the subordinate Courts: they have a limited criminal jurisdiction, and are empowered to inflict corporal punishment, fines not exceeding 50 rupees, and to imprison for a term not exceeding fifteen days." Magistrates are also authorised to send offenders for trial, commitment, or confinement, to the Principal Sudder Ameens.7

2. Sudder Ameens have a limited criminal jurisdiction when granted to them by the Subordinate Judges and Principal Sudder Ameens, but are not empowered to take cognizance of cases commitable for trial by the Sessions Judge, who is authorised to overrule all sentences passed by Sudder Ameens.8 3. The Subordinate Judges, Magistrates exercising their

1 Act VII. 1843, s. 9.

2 Act III. 1843, s. 1.

3 Mad. Reg. XV. 1816, s. 2, reserves the original jurisdiction of the Sudder Adawlut in suits exceeding 45,000 rupees, the amount appealable at that time to the Governor-General in Council, instituted in the Provincial Courts, and has never been repealed. But as the new Zillah Courts have been substituted for the Provincial Courts, and the appeal and the appealable amount have been altered, the original jurisdiction of the Sudder Adawlut is as above stated.

4 See infra the Section on Appeals to England.

5 Mad. Reg. IX. 1816, ss. 9. 24.

Mad. Reg. IX. 1816, ss. 32, 33. 35; Mad. Reg. XIII. 1832, s. 8.

7 Act XXXIV. 1837, s. 1.

* Mad. Reg. III. 1833, s. 2; Act VII. 1843, s. 36.

powers, and Principal Sudder Ameens, are empowered to try cases which are not of so heinous a nature as to require to be sent to the Sessions Judge, and are authorised to inflict corporal punishment, to fine offenders to the extent of 200 rupees, and to imprison for a term not exceeding two years.1 In other and more serious cases they are enjoined to commit the prisoner for trial by the Sessions Judge.2 Their sentences are liable to revision by the Sessions Judge and the Foujdary Adawlut.3

4. The Sessions Judges are empowered to hold permanent sessions for the trial of persons committed for trial by the Subordinate Judges or Principal Sudder Ameens. Cases in which the Sessions Judges differ from the Fatwa of the law officers are to be referred to the Foujdary Adawlut; as are also all sentences in capital cases, and in trials for offences against the State."

5. The Foujdary Adawlut is the Chief Criminal Court, and has cognizance of all matters relating to criminal justice and the Police; it has alone the power of passing final sentences in capital and other referrible cases; but its sentences for offences against the State are to be reported to the Government, whose orders are to be awaited for three months before such sentences are carried into execution.10 It has also the power of revising, annulling, or mitigating the sentence of the lower Courts, and of calling for the whole record of any criminal trial in any subordinate Court."

1. The Heads of Villages are enjoined to apprehend and

'Mad. Reg. X. 1816, s. 7; Mad. Reg. VI. 1822, s. 2; Act. VII. 1843, s. 1. 2 Act VII. 1843, ss. 26, 27.

Mad. Reg. VI. 1822, s. 6; Act VII. 1843. s. 1.

4 Act VII. 1843. ss. 27. 37.

Mad. Reg. VII. 1802, s. 22;

Mad. Reg. VII. 1802, s. 27;

7 Act V. 1841.

Act VII. 1843, s. 1.

Act VII. 1843, s. 26.

Mad. Reg. VIII. 1802, s. 8.

'Mad. Reg. VII. 1802, s. 15; Mad. Reg. VIII. 1802, s. 11.

10 Act. V. 1841, S. 5.

Mad. Reg. I. 1825, s. 6; Act VII. 1843, s. 33; Act XIX. 1848, ss. 2-4.

forward to the District Police-officers persons charged with crimes and offences1: they also have a limited criminal jurisdiction, and are authorised to punish offenders by confinement not exceeding twelve hours in trivial cases of abuse and assault, and petty theft.2

2. The Heads of District Police and Tahsíldárs, besides being directed to apprehend and forward to the Subordinate Judges persons charged with crimes or offences3, are authorised to try and determine trivial cases of abuse and assault, and petty theft, and to punish the offenders by a fine not exceeding 3 rupees, or imprisonment without labour for three days.*

3. Ameens of Police may be appointed, with the same powers as Tahsíldárs or Heads of Villages."

(3) BOMBAY.

(a) Civil Courts.

1. Moonsiffs take cognizance of all suits, original or referred to them by the Zillah Judges, or Assistant Judges at detached stations, where the disputed amount does not exceed 5000 rupees. An appeal lies from their decisions, if in the principal divisions of the Zillahs, to the Zillah Judges; or, if in the other divisions, to the Senior Assistant Judge at the detached station. A summary appeal lies to the Zillah Courts from their orders dismissing suits.8

2. Sudder Ameens are empowered to try and determine original suits, where the amount in dispute does not exceed 10,000

'Mad. Reg. XI. 1816, s. 5.

2 Mad. Reg. XI. 1816, s. 10;

Mad. Reg. IV. 1821, s. 6.

3 Mad. Reg. XI. 1816, s. 27; Act VII. 1843, s. 1.

Mad. Reg. XI. 1816, s. 33; Mad. Reg. IV. 1821, ss. 4, 5; Mad.

Reg. XIII. 1832, s. 5.

5 Mad. Reg. XI. 1816, s. 40; Mad. Reg. IV. 1821, s. 2.

Bomb. Reg. I. 1830, s. 5; Bomb. Reg. XVIII. 1831, s. 3; Act XXIV. 1836, s. 2.

7 Bomb. Reg. I. 1830, s. 4; Bomb. Reg. VII. 1831, ss. 2, 3; Act XXIV. 1836, s. 2.

Bomb. Reg. IV. 1827, s. 21.

rupees. An appeal lies from their decisions, if in the principal divisions of the Zillahs, to the Zillah Judges; or, if in other divisions, and not exceeding 5000 rupees in amount, to the Senior Assistant Judge at the detached station.2 A summary appeal lies to the Zillah Courts from their orders dismissing original suits.3

3. Principal Sudder Ameens are empowered to try and determine original suits, whatever may be the amount in dispute; and also appealed suits referred to them by the Zillah Judges from the decisions of Sudder Ameens and Moonsiffs, where the disputed amount does not exceed 100 rupees. An appeal lies from all their decisions to the Zillah Judges. A summary appeal also lies to the Zillah Courts from their orders dismissing original suits; and a second or special appeal lies to the Sudder Dewanny Adawlut from their decisions in regular appeals, when inconsistent with law or usage or the practice of the Courts.7

4. Assistant Judges at Sudder stations try such original suits as are excluded from the jurisdiction of the Native Judges when referred to them by the Zillah Judges. They also, when specially empowered by the Government, hear appeals from the decisions of the Principal Sudder Ameens, Sudder Ameens, and Moonsiffs, referred to them by the Zillah Judges, when the amount in dispute does not exceed 5000 rupees. An appeal lies from their decisions in such appeals to the Zillah Judges, if confirming the judgment of the lower Court, and the amount in dispute should not exceed 2000 rupees; or if reversing or altering

1 Bomb. Reg. XVIII. 1831, s. 3; Act XXIV. 1836, s. 2; Act IX. 1844, s. 1. 2 Bomb. Reg. I. 1830, s. 4; Bomb. Reg. VII. 1831, ss. 2, 3; Act XXIV. 1836, s. 2. 3 Act IX. 1844, s. 4.

* Bomb. Reg. XVIII. 1831, s. 3; Act XXIV. 1836, s. 2. Bomb. Reg. I. 1830, s. 4; Bomb. Reg. VII. 1831, s. 2; Act XXIV. 1836, s. 2. 6 Act IX. 1844, s. 4.

* Act III. 1843, s. 1. There can be no doubt but that, by the wording of Act III. 1843, s. 1, a second or special appeal lies direct to the Sudder Dewanny Adawlut from decisions in appeal of the Principal Sudder Ameens under the above circumstances; but as a second appeal lies of right in all cases to the Zillah Judges, it is doubtful whether such appeal would be admitted by the Sudder Dewanny Adawlut.

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An Analytical Digest of All the Reported Cases Decided in the Supreme ..., Том 1