CHAPTER I

INTRODUCTION

1.1. Introduction: ( Brief History of Law , Evolution of Courts

Procedure, concept of Jurisprudence & Law critically )

1.2 Problem on hand & Need for the Research.

1.3 Research Objectives.

1.4 Scope of Research

1.5 Organization / Area of Research Work : (Civil & Criminal Court ,

Taluka Jath , District Sangli , State of Maharashtra)
 CHAPTER I
1.1 INTRODUCTION
In primeval cultures the reach of law is generally weaker, and the institutionalization of the
legal structure much less developed than in a more progressive and multifaceted society
than in a more advanced and complex. Not as a matter of conceptual definition, but as a
basis for meaning full inquiry into the nature of a legal system, we may system accept the
suggestion of Graham Hughes that for many purpose It will be useful to reserve the
description by a high degree of institutionalization in the creation of general prescriptions,
in the apparatus for adjudication disputes, and in ordering the disposition of fore”.The
structural analysis of a “legal system” is indeed more complex than that of a primitive legal
order. It denotes any cohesive order of norms that purports to govern a community through
the use of “posited” AUTHORITY whether oppressive of liberal, socialist of capitalistic in
character. The structural requirements of legal system must be accepted by the analytical
positivist as much as by the avocet of a natural law philosophy it is only by a consideration
of the related but distinct concepts of “Ethics”, and “morality” that we can elucidate the
relation of the legal order of the values of life. In ancient states law was conceived as
divinely ordained set of rules of human action, therefore, it was believed to have a divine
origin. Although these difinitions are no longer applicable in the modern time but they still
have a theoretical significance. Jurists have defined law differently from different point of
views. It has been called Dharma in Hindu jurisprudence and “Hukum” in lslamic system.
Romans called it jus and in Germany an France it is called as Richt and Droit respectively.
According to Justinian, “law is the king of all mortal and immortal affairs which ought to be
the chief, the ruler and the leader of the noble and the bade, and thus the standard of what
is just and unjust the commander to animals naturally social of what they should do, the
farbidden of what they should do, the forbidden of what they should not do.” Ulpain has
defined law as “the art of science of what is wquitavle and good “ the ancient Hindu jurists
held law to be the king of kings, far more powerful and rigid than they. Noting can be
mightier than law, by whose aid,as by that of the highest monarch even the weak may
prevail over that strong”
The above idealistic definitions of law were given at time when there was no distinction
between law, morals and religion and law was broadly conceived as conceived as a part of
religion. These definitions have, therefore, lost thir credence in modern time when law is
being treated as an instrument of social change. The e3 | Pagelement of justice in law is,
however, considered necessary even in the present time. But what law contemplates today
is ‘legal justice’ and not ‘abstract justice’ as visualized by the ancient jurists. In the present
age law pervades all the spheres of human actives and the State seeks t0o regulate them
through the instrumentaliy of law. The law, therefore, has to play a positive role in
regulating human conduct. The modern jurists have defined law as a means to secure legal
justice. Expressing his views regarding confusion about an exact definition of law, Lord
Lloyd observed, “since much juristic ink has flown in an endeavor to provide a universally
acceptable definition of law but with little sign of attaining that objective. “3 As rightly
pointed out by R. Wollheim much of the confusion in defining law has been due to the
different types of purpose sought to be achieved Morris also holds similar views about the
lack of unanimity in the definition of law and opines that since law has been differently
defined by various legal scientists from different points of views, there could not be any
unanimity of opinion regarding the real nature of law and its definition. Despite there being
lot of literature is no common definition of law which could be acceptable to all.
Modern jurists have defined law from different angles. Some have defined it on the basis
of its nature, some concentrate mainly on its sources, Again some writers define law in
terms of its effect on society while others refer to define it terms of ends or purpose of
law.About the exact definition of law. Keeton pointed out that, “to attempt to establish a
single definition of law is to seek to confine jurisprudence within the straight jacket from
which it is continually striving to escape.” According to Blkockstone, “law in its most general
and comprehensive sense signifies a rule of action and is appliedindiscrimately to all kinds
of actions, whether animals form which it is continually striving to escape.Hooper defines
law as any kind of rule whereby actions are framed that which reason in such sort defines
to be good that it must be gone.Hiring defines law as :the form of the guarantee of the
conditions of life, of society, assured by State’s power of constraint.” Thus he treats law
only as a means of social control and its obedience is secured by the State through
external compulsion. Hiring emphasized that law is an instrument for serving the needs of
human society.According to J.C. Gray, :Law is a statement of the circumstances in which
public force will be brought to bear upon men through courts. Thus it consists of rules
which the courts lay down for the determination of legal rights and duties. According to
him, statutes are sources of law and not part of the law itselSalmond defined law “as the
body of principles recognized and applied by the State for the administration of justice. “The
object of law is to achieve justice.The definition of law is well explained in Rosco Pound’s
words. He stated law to be “Social control through systematic application of force of
politically organised society.” Thus, law can be described in terms of legal order accepted
by society at large functioning within the limits of the State.According to Paton, “law
consists of a body of rules which are seen to operate as binding rules in the community by
means of which sufficient compliance with the rules may be secured to enable the set of
rules to be seen as binding.”Law, according to Kelson is a technique of social organization.”
Law is characterized not as an end but as a specified menas, as an apparatus of
compulsion to which, as such there adheres no political or ethical value, law apparatus
whose value derives rather from some end which transcends the lawIt w;ould thus be seen
that no single definition of law can satisfy us as law is ever changing in the dynamic fabric
of its inherent element, all development sin law follow certain sequence. It is for this
reason that Thurman Arnold observed,” Law is ultimately a set of positive prescribed
formal rules enforced by the soverign authority with the contemporaneous factors and
currency of forces”Prof.H.L.A. Hart has defined law as system of rules –the primary and
secondary rules, their union or combination may justly be regarded as the essence of law.
The primary rules according to hart are duty imposing and secondary rules are power
conferring.The subject-matter of jurisprudence being the study of law, it is necessary to
understand the distinction between the term the law and a law The term ‘the law’(or law)
cannotes the whole legal system in its totality. It has been termed jus droit in latin and its
German equivalent is recht.

.
The Indian Judicial System is one of the oldest legal systems in the world today. It is part of
the inheritance India received from the British after more than 200 years of their Colonial
rule, and the same is obvious from the many similarities the Indian legal system shares with
the English Legal System.The common law system – a system of law based on recorded
judicial precedents- came to India with the British East India Company. The company was
granted charter by King George I in 1726 to establish “Mayor’s Courts” in Madras, Bombay
and Calcutta (now Chennai, Mumbai and Kolkata respectively). Judicial functions of the
company expanded substantially after its victory in Battle of Plassey and by 1772
company’s courts expanded out from the three major cities. In the process, the company
slowly replaced the existing Mughal legal system in those parts. Following the First War of
Independence in 1857, the control of company territories in India passed to the British
Crown. Being part of the empire saw the next big shift in the Indian legal system. Supreme
courts were established replacing the existing mayoral courts. These courts were converted
to the first High Courts through letters of patents authorized by the Indian High Courts Act
passed by the British parliament in 1862. Superintendence of lower courts and enrolment of
law practitioners were deputed to the respective high courts. During the Raj, the Privy
Council acted as the highest court of appeal. Cases before the council were adjudicated by
the law lords of the House of Lords. The state sued and was sued in the name of the British
sovereign in her capacity as Empress of India. Our focus of study is the development of
legal system in Bombay Province as the ascertain the establishment of Bombay High Court
at Bombay.The Island of Bombay which has the subject of unfettered saver eighty of king
of Gujrat (Sultan,bahadur), came under political control of the portugues in 1534.The
portugues king (in 1661 ) transferred it to charies II, the british king as clwty on the
marriage of his sister. The king transferred this Island to company om 1668 for annual rent
of G 10(Ten) by issuing a charter.The charter empowered the company to exercise judicial
authority through its governor and other officers. It also contemplated courts to judge and
determine al kinds of actions suits case for A Possible with the laws of England.The judicial
system in Bombay before 1726 developed in three stages from year (a) 1668 to 1683 (b)
1684 to 1690 and (c) Third period 1718 to 1726.After an eclipse of 30 years of theses
above said periods. A Court estalishment appeared in Bombay on 25-3-1718 with chief
justice and nine(9) judges (out to which five were British). Remaining four were out of
Hindu, Muslim, Portuguese, christians and paresis i.eIndians.Court was authorized to
decide all cases civil, criminal and testamentary. Moderate fees were charged. Appeals
went to governor in council. No provision for jury trial. Indian judges (blank judges) were
only assessor and not full fledged judges. Minimum quorum was three English judges.
Some judges were members of council.
Working of court:
Court sat once in a week. It was at once a civil, criminal military and prerogative court. It
proceedings were qulet and in expensive and it administered justice in a common sense,
rough and ready manner. Three were no lawyers, no codes, no law or books. To Hindus
and Muslims their customs were applied.Mainly criminal cases were decided. About 100
lashes were awarded, in public so that others might learn a lesson. Theft beyond 40
shillings was a capital offence. Court observed no technical rules of evidence. The modern
rule to punish an accused only when his quilt was established beyond reasonable doubt
had not yet found a foot hold in Bombay.The whole idea of criminal justice was preventive
and deterrent. There was as stated earlier, overlapping of personnel between the court of
first instance and the appellate court. There was no idea of judicial independence. Twice
the chief justice of the court was dismissed for quarrelling with governor and council.The
judicial system such as it was continued to function till it was superseded by a new judicial
system under the charter of 1726.
It we study the outlines of Indian legal History from 1726i.e. since establishment of
mayour”s court to the Present Supreme Court in 1950 in independent India we notice the
development and growth of judicial Institution as below.

1726 : The charter of George I established the Mayor”s Courts at three presidencies
of Calcutta. Madras and Bombay as King”s courts.

1753 : The Charter re-established the Mayor”s court at Calcutta Madras and
Bombay

1772 :Warren Hastings prepared the first Judicial plan

1774 :- The Supreme court of Judicature was established at fort William.

1775 :-Trial and Execution of Raja Nand Kumar

1781 :Act of settlement.

1792 : Judicial plan by Cornwallis code in Bengal.

1800 : Supreme Court at Madras.

1823 : Supreme court at Bombay

1833 : The Charter Act was the legislative mainspring of law reform In India

1853 : The Charter Act provided for the appointment of the second law commission.

1857 : First war of Indian independence

1858 : The Government of India Act. Proclamation by the Queen. Indian
Government was transferred to British Crown.

1861 : The Indian council Act The third law commission was appointed.

1879 : Fourth Law commission Appointed.

1892 : Indian Councils Act.

1909 : Indian Councils Act (moriey-Minto Reforms) by the Queen. Indian
Government was transferred to british Crown.

1919 : The Government of India Act (Montague Chelmsford Reforms)

1935 : The Government of India act.

1937 : Federal Court of India Established.

1942 : Cripps mission /Quit India Motion.

1947 : Mount batten plan/ India Independence Act

1949 : Abolition of (Privy council Jurisdiction) Act

1950: Constitution of India came into Force.
At the dawn of independence, the frame work of the current legal system has been laid
down by the Indian Constitution and the judicial system derives its powers from it. The
Constitution of India is the supreme law of the country, the fountain source of law in India. It
came into effect on 26 January 1950 and is the world’s longest written constitution. It not
only laid the framework of Indian judicial system, but has also laid out the powers, duties,
procedures and structure of the various branches of the Government at the Union and
State levels. Moreover, it also has defined the fundamental rights & duties of the people
and the directive principles which are the duties of the State. In spite of India adopting the
features of a federal system of government, the Constitution has provided for the setting up
of a single integrated system of courts to administer both Union and State laws. The
Supreme Court is the apex court of India, followed by the various High Courts at the state
level which cater to one or more number of states. Below the High Courts E.xist the
subordinate courts comprising of the District Courts at the district level and other lower
courts. An important feature of the Indian Judicial System is that it’s a ‘common law
system’. In a common law system, law is developed by the judges through their decisions,
orders, or judgments. Tk2hese are also referred to as precedents. Unlike the British legal
system which is entirely based on the common law system, where it had originated from,
the Indian system incorporates the common law system along with the statutory law and
the regulatory law. Another important feature of the Indian Judicial system is that our
system has been designed on the pattern of the adversarial system. This is to be expected
since courts based on the common law system tend to follow the adversarial system of
conducting proceedings instead of the inquisitorial system. In an adversarial system, there
are two sides in every case and each side presents its arguments to a neutral judge who
would then give an order or a judgment based upon the merits of the case.Enacted laws,
specially the modern Acts and Rules, are drafted by legal experts and it could be expected
that the language used will leave little room for interpretation or construction. It is quite said
that we find courts and lawyers busy in unfolding the meaning of words and expression.
This process is known as application of interpretation of statutes. Interpretation differs from
the construction, the former is known as the art of finding out the true sense of any words in
any enactments, and the later is the process of drawing conclusions of the pretext of the
statutes. A statute is called as an edict of legislature . The expression intention of the
legislature is a shorthand reference to the meaning of the words used by the legislature are
based on the principles of interpretation of statute. There are situations were the statutory
provisions are open to more than one interpretation the court has to choose that
interpretation that which represents the true intention of the legislature. As the is said that
the words in any language are not having any scientific symbols or any precise or definite
meaning. However, language is the medium to convey the thought or opinions to various
other persons. The interpretation and its problems deals with meanings of the words. A
word is used to refer to some subject or object.The general rule in the terms of context to
know the intention of legislature must be introduced into the statute to which shall have its
effects. The court must ascertain the intention of the will of the legislature not merely by the
clauses constructed but digesting the entire statute. It must have a comparison with the
other parts of law, which have the interruptions bases upon the plain reading of the
sections in the statute. The modern concept is the language of the legislation which has to
be drafted in plain context. So that it does not miss-leads or creates any ambiguity which
the statute does not intend to act upon. The courts should make it effective and operative
so as to know the real intention of the statute. The important principle of the statute have
been known a absolute construction without having any ambiguity or nullity. The narrower
interpretation means to defeat the intention of the legislation. Therefore, it is required that
the enactment must be plainly interrupted, so that the construction of the statute is easy
and digestible for its application. When a language is plain and unambiguous, it admits
only the clear construction of the act, which leaves no ground for further interpretation.For a
proper application of a rule in a given statute, it is necessary to know the constructions of
the provisions which are envasiged in the act. It would be any sentence or any word with
any length. It should be capable of having the meaning in the contexts in which it is
created. This rule is called as the elementary rule. Normally, a statutory provision consists
of description of the factual situations as well as the legal consequences arising from it.
When the description s wide it gives the ground for determining the more clear aspects by
having a liberal interpretation. When the latter is narrower, it is really difficult to determine
the meaning of the language which is created in the context of the statute. Difference of a
judicial opinion as to the true meaning of the words must be seen from the appreciation of
the law in the judgments. The opinion of judges may differ on the question where a
particular word or a language in a statute must be looked upon. As this approach and the
individual views of a judge are elaborately discussed in the judgments which he pronounce.
Apparently clear and simple language is always appreciable to get the correct or the
precise analysis of the construction of a statute. For example, article 105(2) of the
constitution provides that no member of parliament shall be liable to any proceeding in
respect of anything said or any vote given by him in the parliament. The Supreme Court in
Tejkiran Jain vs. N. Sanjiva Reddy said that ‘the article language is not so plain but sharp in
nature”. This view was also taken in P.V. Narsinharao vs. State. It was held that, ‘all the
five judges in the bench agreed that a member of a parliament who takes or receives a
bribe for voting on a subject, but he or she does not cast his vote can be also prosecuted
under the offence of bribery with the relevant provisions of Prevention of Corruption Act,
1988. It was also further held that though the Member of Parliament has abstained from
voting after receiving the bribe, he cannot be prosecuted unless the parliamentary rules
permit for his prosecution.’Language on which its construction results in inconsistency,
hardship or ambiguity, it is said by the interpretation that these hardships are the effect to
the framing of the statute. Hence, it is said that no accurate statements can be framed by
the human nature. In a country like India a statute must be having a constitutional base,
which makes it above all the suspicion and absurdities. This of course is sometimes said
that the legislature has not happily worded the context of the construction. The language of
the statute should be read as it is. The intention of the legislature is primarily gathered from
the framing of the language. Any consequences which leaves the gaps or requires support
for addition or substitution of words may results into the meaningless construction of the
language. Similarly it would be wrong and dangerous for substituting the words in a statute.
As it is said that the court cannot refrain the legislation for a good reason that it is not
delegate with such power to legislate. This is known as on a common phrase that “judiciary
must not be wiser than the legislation”. However, the phrase was coined in the 19th century
where the British rule was applicable. It was in those days that the British parliament was
functioning two fold parts. Firstly, they were members of the parliament in the House of
Lords i.e. the upper house as well as these Lords were the part of the Judiciary with the
powers of judicial function to be discharged through them. Hence, it was said that the
legislature as well as the judiciary were vested in the same. It is an application on which a
matter should be seen where the court must know what the legislature intend to do. An
omission by the legislature in the construction may results to fulfill the real objects of the
enactment. In such cases, the court should apply the principle of liberal construction and to
act in harmony so as to by a duty cast upon it to stretch the words of the legislature to fill
the gaps and the omissions in the provisions of the Act. This principle is known as ‘Casus
omissus’. As recently observed by a constitutional bench the principle of‘Casusomissus’is
intended to know the four corners of the statute by itself. Thus, to prevent the statute from
being defeated upon the constitutional validity tests. The rule of construction is based upon
the natural and grammatical meaning of the words. Any word in a statute must be
understood by its natural, ordinary or popular sense or meaning. Its grammatical meaning
must be so clear that all the written instruments must have been clearly appreciable,so to
avoid any ambiguity to the nature of the word. The golden rule of a statute can be said as
‘a statute must have a prima facie meaning which is the simple and ordinary meaning in
nature’. Such meanings cannot be differentiated by the judges. However, they are free to
exercise in the light of their views to be expressed by reading the statute as whole. This
act is known as aids to the interpretations of an any expression of words made by the
parliament. The drafting of a statute is based upon the rule of law. Its construction is clear
and the grammar as well as terminology is read in the view of the golden rules of
construction. Now, dealing with the order 21 of rule 16 of Code of Civil Procedure, the
Supreme Court has held that, ‘the cardinal rule of construction of statute is to read it literally
by giving their words the ordinary , natural and grammatical meaning in that sense. If no
such alternative construction is possible the court must adopt these rules of interpretation,
so that it does not causes any departing from the intention of the statute.
On the same principle words acquire technical meaning because they are constructed in
such a way that a special connotation must be applicable so to understand these words. In
the enactments which are based upon scientific laws these words are used in similar
context by the legislature. Similarly, the words judgment and final order have acquired a
technical meaning in terms of application. A judgments means a declaration or final
determine nature of the rights of the parties in the matter before the court and the final
order means an order which is based on the final findings of a case to an end. As the
Supreme Court has stated when there is a doubt to understand the sense of the words, the
object and the preamble of the legislature must be seen .It is said that in order to know the
mind of the makers of the statute the preamble is the key to open the box. It is recognized
as the harmony rule with an object to know the effectiveness an application of the
legislature. The court should adopt an objective approach keeping in mind that the
legislative principles are created to achieve the will of the people. The four things which
came before the Court to understand the object of the law. First is what is the common law
before the making of the Act. Second, what was the mischief and the defect for which the
common law does not provide the remedy. Third, what remedy the parliament have
suggested to remove the mischief and defect. Fourth, the true reason for the creation of the
remedy. This rule is known as the mischief rule established in the Heydon’s case in the
year 1584 reported in 76 ELR 637.If the language is used capable of bearing more than
one construction in selecting true meaning must be had to the consequences resulting from
adopting the alternative constructions. A construction that results in hardship, serious
inconvenience, injustice, absurdity or uncertainty which leads to inconsistency in the
system. The statute purports to regulate with the preferences which are aids to the
construction of a enactment for the beneficial purpose. The court has to adopt just,
reasonable and sensible approach for selecting the different interpretations arising out of
the words used in the construction of the statute. Where the language of a statute is in
contradiction to the social purpose or leads to the hardship, then it is the courts who should
apply their judicial approach where a piece of legislation must be test upon the public
opinion.
The principles of just and fairness are applied in the interpreting the words of the statute.
For instance a widow hold rights in the property of her deceased husband as per section 2
of the Hindu Widows Re-marriage Act, 1856. However, she will ceased to hold any rights
where she re-marriages as per the provisions of the act. This act clearly shows the
intention of the legislature. Where, it is made clear remarks once a woman who is a widow
holds rightsin her husband’s property. However, when she re-marriage she ceases to hold
any of her rights over her previous deceased husband’s property. It has already been seen
that statute must be read as whole and one provision of the act should construed with
reference to the other provisions of the act. This is done so to make the whole enactment
consistent. Such a construction has a merit of avoiding any inconsistency either within a
section or between a section or any other part of a statute. It is the duty cast upon the
courts of law to avoid the possible clashes of the two sections in the same statute in order
to maintain the harmony in it. It must be clearly seen that if the statute gave one benefit
through one provision and takes away the other by the latter. Thus, in such a situation it is
to read the integral part to make an attempt possibly to avoid any grave injustice. The rules
of construction is well settled that there are an enactments with two provisions which
cannot be reconciled with each other. So they should be interpreted in liberal fashion. This
is what is known as the rule of harmonious construction. The effect of the rule is evaluation
of the both the provisions to provide more beneficial interpretation to the public at large.
The very essence of this rule is that the conflicting provisions should be not used as dead
letters. However, they should be used as more or less tools for the benefit of all. The
question as to the relative nature of these provisions though differ from each other. They
should be more specifically gathered together so to arrive on a concrete conclusions to
avoid any further ambiguity. Avoiding uncertainty and friction in the system which the
statute purports to regulate. Where the words of statute are clear. They must be followed
as it is. There must not be any scope for alternative constructions which could lead to
uncertainty or ambiguity. The alternative constructions can be applied where a system is
not working as required by the law. In such situations the courts should take into
consideration that the alternative interpretations and constructions would help to reduce
uncertainty, friction or confusion created by the words of the statute. It is the language of
the statute to be read plainly to give the unity and the scheme behind the creation of the
enactments. When the two sections of an act though absolutely contradicting to each other,
the rule of harmonious construction will come into picture to provide the aid to the
construction of the statute. The question before the court must be to give effect to the
whole expression which is intended by the legislature. It is therefore, preferred to adopt
more logical approach in the course of interpretation. This approach however should be
guided by the principle of smooth and harmonious working of the statute. It should not
oppose the public policy or against the public will. The system works upon the will of the
people. One of the best examples to quote is the traffic rules which are applied by the use
of more logical approach rather than strict construction.
 Jurisprudence
The word “jurisprudence” has been originated form a latin word jurisprudential .which in its
means knowledge of law. The latin word juris means law and “prudent stands for skill or
knowledge . Thus, jurisprudence signify acquaintance of law and its application . In this
sense it covers the whole body of legal philosophy in the word the history of the concept of
law clears that jurisprudence has assumed diverse meanings at different times. It is
therefore , difficult to endeavor a singular definition of the term .lt has a long history of
evolution beginning form classical greek period to 21st centry contemporary jurisprudence
with several changes in its nature in various stage of its evolution.
During the determining era of the common law in England the term ‘jurisprudence’ was
being used in a generic sense to include the study of various facets of law However. In the
near the beginning decades of the 19th century with the theories propounded by Bentham
and his disciple Austin the term ‘jurisprudence, acquired a distinct meaning . Bentham said
distinguished between study of law as ‘it is and ‘as it ought to be and called them
expository and censorial of English law related concepts .which still continues to be the
basic contents of English jurisprudence.It is well known that law being a dynamic
concept. It changes with the evolution of society under different socio-economic and
political conditions . the rapid changes in modern times have given rise to new problems
and issues which are to be tackled by law through pragmatic approach in interpreting law
.while doing so the modern jurisprudence has to take into consideration the social ethos
and changing patterns of the society which immensely widens its scope as a science of
science of law .
Approach to the study of Jurisprudence & Case Flow Management
Jurisprudence, in the modern sense of the term owes its origin to the western legal
thoughts. It does not, however, means that the concept of jurisprudence was altogether
unknown to the ancient Indian legal philosophy. In fact the Hindu jurisprudence of ancient
India which was based ‘Dharma’, contained principles and moral precepts which aimed at
ensuring the welfare of the society by regulating human conduct. Law was essentially an
instrument of social order. It ought to act in conjunction and in harmony and not in conflict,
isolation or contrary to reason. However, subsequent political upheavals and foreign
intervention narrowed the smooth development of ancient Hindu jurisprudence because
many of the concepts of Indian legal thought did not match favourably to the changed
situation. With the Moghul rule in India followed by the subsequent British colonial rule, the
ancient legal system completely lost its moorings and the British rulers named indigenous
law as the ‘personal laws of ‘Gentoos.’ They came here with a will-developed system of
law, which they gradually introduced in India. In the present era of globalization, greater
emphasis is on universalization of laws gradual development of science and technology
has annihilated time and space and there is gradual transformation of local values into the
universal code of conduct. The proposal for a universal code of criminal law and prison-
laws is an step in this direction. Thus, the study of jurisprudence in modern times needs to
be pursued in a broader perspective so as to give it a global coverage. The traditional
approach to the study of jurisprudence through analytical, historical E.thical and
sociological methods has now been substituted by empirical and priori methods. The
former proceeds from facts to generalization while the latter starts with generalization in the
light of which facts are analysed and examined. Both these approaches have helped the
development of law on scientific lines. The comparative method derives tis material from
other contemporary legal systems prevalent in different societies. The major trust is on the
critical analysis of various legal concepts from which conclusions may be drawn for the
perfection of the legal systems.

Jurisprudence whether a Science?

The contextual meaning and contents of jurisprudence show that it involves an analysis
and exposition of law in its various facets. Thus, it is a systematic study of law as
expounded by Austin and his successors. Such a study of law is a command of the
sovereign so as to make legal system formal, logical, and empirical, quite unaffected by
moral values or societal ethos. This methodology and approach to the study of law has
brought it nearer to be reckoned as science.
The rejection metaphysical considerations and rise of positivism with the fading influence of
natural law philosophy by the close of 18th century and emergence of Benthamite principle
of hedonism, namely the doctrine of Pain and Pleasure.’ Ushered an era of scientific and
critical approach to the study of jurisprudence. Moreover, the rapid development of physical
and biological science during 19th century and their method of study based on empirical,
investigative and analytical approach also had its impact on approach to study of
jurisprudence. August compte (1798-1857), the father of modern positivism, confined his
analysis to the observation of facts rejecting completely the hypothetical considerations in
the study of jurisprudence and legal theory. As a positivist, he emphasized on the need for
the study of jurisprudence based on concrete observations and analysis of ascertainable
facts which meant examining man-made law which has actually been laid down by men for
men as distinct from law as it ought to be.The beginning of 20th century brought in its
wake, a new approach to the study of law in relation to society which treats law Ihering
E.hrlich, Max Weber an American legal thinkers such as Roscoe Pound and O.W. Holmes
and others gave new dimensions to law as an instrument of social change. They
emphasised that law has to function within the parameters of social dynamics and needs of
the society. Thus, function of law is to supplement social sciences. It is in this context that
G.W. Paton suggests that study of jurisprudence should be integrative and synthetic and
purposive. This view finds further support from Julius Stone who calls jurisprudence as
lawyers extraversion. Which means that lawyer’s examination of the precepts, ideals, and
techniques of law should proceed in the light of present knowledge in disciplines other than
law.

Scope of jurisprudence:
As stated earlier, the scope of jurisprudence has widened considerably over the years. It is
generally believed that the scope of jurisprudence cannot be circumscribed. Broadly
speaking. Jurisprudence includes all concepts of human order and human order and
human conduct in State and society. In other words, anything that concerns order in the
State and society will be within the domain of jurisprudence. Commenting on the scope of
jurisprudence. Justice P. B. Mukherjee observed ,”jurisprudence is both an intellectual and
idealistic abstraction as well as behavioural study of man in society. It includes political,
social E.conomic and cultural ideas. It covers the study of man in relation to State and
socity. “Radcliffe also held a similar view and stated that jurisprudence is a part of history, a
part of economics and sociology, a part of economics and a philosophy of life.
Jurisprudence involves certain types of investigations into law, an investigation of an
abstract, general and theoretical nature which seeks to lay bare the essential principles of
law and legal systems . elaborating the point further, Salmond observed’ “in jurisprudence
we are not concerned to derive rules from authority and apply them to problem; we are
concerned rather to reflect on the nature of legal rules, on the underlying meaning of legal
concept and on the essential features of legal system “. This makes the distinction
between law and jurisprudence amply cleat. Thus whereas in law we look for the rule
relevant to the given situation , in jurisprudence we ask , what is for a rule to be legal rule,
and what distinguishes law from morality; etiquette and other related phenomenon. It,
therefore, follows that jurisprudence comprises philosophy of law and its object is not to
discover new rule but to reflect on the rules already on the rules already known.There are
divergent views regarding the exact contents of jurisprudence. But it has been generally
accepted that sources, legal concepts and legal theory constitute the main premises of the
study of jurisprudence . (i)Sources.- it is well known that the basic features of a legal
system are mainly to be found in its authoritative sources and the nature and working of
the legal authority behind these sources. Therefore , they obviously form the content of
jurisprudence. Under this head matters such as custom, legislation, precedent as a source
of law, pros and cons of codification of laws, methods of judicial interpretation and
reasoning , an inquiry into the administration of justice etc., are included for study.(ii)Legal
concepts.- another area which concerns jurisprudence is the analysis of legal concepts
such rights, property, ownership, possession obligations, acts, negligence, personality and
the related issues. Although all these concepts are equally studied in the ordinary
branches of law , but since each of them function in picture of each concept as a whole.
The study of these abstract legal concepts furnishes a background for better
understanding of law in tits various forms.(iii) Legal Theory.- Besides the sources and the
forces operating behind them and various legal concepts, legal theory also constitutes one
of the main components of jurisprudence. Legal theory is concerned with law as it exists
and manner in which law is created and enforced as also the influence of social opinion
and law on each other. Thus, legal theory seeks to co-relate law with other disciplines such
as religion, philosophy E.thics , politics etc. and pursue its study in a wider socio-legal
perspective. It is , therefore necessary that while analyzing legal concepts, an effort should
be made to present them in the background of social developments and changing
economic and political attitudes .As to the nature of legal theory, it must be stated that it to
philosophy and political theory. As pointed out by Friedmann “all systematic thinking about
legal theory is linked at one end with philosophy and at the other end with political theory.
Sometimes the starting point is philosophy and political ideology plays a secondary part-
as in the theories of the German Classical mataphusicians or the Neo-Kantians.
Sometimes the theory of knowledge and political ideology, as in legal theories of socialism
or fascim. Where the respective shares of the two are not easy to disentangle as in the
scholastic system or in Hegal’s philosophy. But all legal theory must contain elements of
philosophy –man’s reflection on his position in the universe and gain its colour and specific
content from political theory---the ideas entertained on the best form of society . the end
of law is based on conceptions of man both as a thinki9ng individual and a political being
.”Legal theory comprises philosophy of law and therefore it seeks to examine and analyse
the philosophical content of law .as rightly pointed out by Fitzgerald “ jurisprudence covers
a wider field of studuy as compared to legal for the former involves an investigation of law
which is of law which is of an abstract general and theoretical nature while legal theory on
the other hand is an attempt to answer what is law in order to clarify. The most of all legal
concepts.Thus it would be seen that legal theory is only one aspect of jurisprudence which
is evaluative and philosophical study of law in terms of ends values and goods which law
ought to sub-serve. It concerns e with living law which is based on felt-needs or social
forces and rejects purely technical , analytical or conceptual perception of law . It must be
stated that Dr.W. Fedmannwqas perhaps the first who coined the term ‘legal theory‘ in
1945. He refused to accept the traditional Bvritish concept of jurisprudence which was
based on sjheer logic of sovereigh, command and coercion devoid of any moral or social
values. Leter the theory gained popularity due to contribution of great modern jurists like H .
L. A. Lon Fuller wolffDworkin, Radbrauch , Paul and others. They suggested that legal
theory is not concerned with the entire province of juirisprudence but relates only to the
analysis of philosophical notion of law.Legal philosophers have been categorized into
defferent schools on the basis of their approach to law. But such a division is buy no means
comprehensive and exact. There may be jurists who may fall within the strict bounds of one
particular school. Again the ideology of one school may be overlapping with that of another
school and some of the schools may be just a synthesis of the two ideological thoughts. Be
that as it may be but one thing is certain that as it may be but one thing is certain that
these schools reflect the socio-economic and political changes of a given time embodying
the legal philosophy to suit the needs of the transforming society
Utility of jurisprudence & Case Flow Management:
There is a general confusion about practical utility of jurisprudence as a subject. It is often
alleged that jurisprudence being an abstract and theoretical subject, is devoid of and
practical utility. But this view is not supported by salmond who pointed out that
jurisprudence has its own intrinsic like any other subject of serious scholarship just as a
mathematician investigates the number theory not with the aim of seeing his findings put to
practical use but by reason of the fascination which it holds for him, likewise the writer on
jurisprudence may be impelled to his subject by its intrinsic interest. The legal researches
on jurisprudence may well have their effect on contemporary sociopolitical though and at
the same time may themselves be influenced by these ideologies. Jurisprudence also has
its practical applicability. It seeks to rationalize the concepts of law which enable us to solve
the different problem involving intricacies of law. In other words, it serves to render the
complexities of law more manageable and rationale and in this way this can help to
improve practice in the field of law.That apart, jurisprudence also has great educational
value. The logical analysis of legal concepts widens the outlook of lawyers and sharpens
their logical technique. It helps them in sheding aside their rigidity and formalism and trains
them to concentrate on social realities and the functional aspects of law. It is not the form
of law but the social function of law which has relevance in modern jurisprudence. Law has
to take note of the needs of society and also of the advances in the related and relevant
disciplines such as sociology E.conomic , philosophy, psychiatry etc. for instance, a
proper economic theory of law of contract may perhaps require some knowledge of
economic and economic theory or a proper grasp of criminal law may need some
knowledge of criminology and psychiatry and perhaps also of sociology.Commenting on the
significance and utility of jurisprudence, Holland observed, “the ever renewed complexity of
human relations calls an increasing complexity of legal. Details, till a merely empirical
knowledge of law becomes impossible”. thus jurisprudence throws light on the basic ideas
and the fundamental principles of law in a given society. This is why it has been
characterized as “the eyes of law” by some jurists.

Jurisprudence helps the judges and the lawyers in ascertaining the true meaning of the
laws passed by the Legislature by providing the rules of interpretation. It also furnishes
them opportunity to pinpoint the lacunae, shortcomings and defects in the laws framed by
the legislature and improvise them through their judicial interpretation.The study of
jurisprudence helps in rationalizing the thinking of the students and prepares them for an
upright civil life. The knowledge of law and legal precepts also helps them to face
exigencies of human life boldly and courageously.Jurisprudence may also be helpful to
legislators who play a crucial role in the process of law of law-making. The study of
jurisprudence may familiarize them with technicalities of law and legal precepts thus
making their job fairly easy as also interesting.According to R.W.M. Dies, the study of
jurisprudence provides an opportunity for the lawyers to bring theory and life into facus.
For it concerns human thought in relation to social existence. 24 the utility of jurisprudence
should be tested in the light of his functional role and in the context of the prevailing social-
economic and political philosophies of the time, place and circumstances. The law should
serve the purpose of ‘social engineering’ by preserving societal values eliminating
conflicting interests of individuals in the society.
Inter- relationship of jurisprudence with other social sciences:
Jurisprudence is closely inter- related with other social sciences since all of them are
concerned with human behavior in society. Pointing out the relationship of jurisprudence
with other branches of knowledge, G,M Paton observed, “modern jurisprudence trenches
on the fields of social sciences and of philosophy; it digs into the historical past and
attempts to create the symmetry of a garden out of the luxuriant chaos of conflicting legal
systems” 25 Julius stone also explained the functioning of jurisprudence in terms of
knowledge of other social disciplines and stated. “jurisprudence is the lawyer’s
extraversion. It is lawyer’s examination of the precepts, ideals and techniques of the law in
the lights derived from present knowledge in disciplines other than law”.Dean Roscoe
pound who propounded the theory of law as a ‘social engineering’, pointed out that
jurisprudence is closely inter-related with ethics E.conomics, politics and sociology which
though distinct enough as the core, are shade into each other. All the social sciences must
co-ordinate with jurisprudence to make it a functional branch of knowledge.
justiceMcCardie emphasized the indispensability of the study of other social sciences for
the proper understanding of jurisprudence. He wrote, “there nover was a time when the
barrister had greater need of a wide culture and of a full acquaintance with history, with
economics and with sociological science.”With the development of social sciences in
modern times the approach to jurisprudence has radically changed and more emphasis
came to be placed on the study of factual legal behavior.
Jurisprudence and Ethics:
Ethics as a branch of knowledge deals with human conduct and lays down the ideals of
human behavior. It is closely related to morality and public opinion which are dynamic
concepts varying from place to place. From time to time and from people to people. What
may be a rule of good morality at one time may not necessarily remain so all the time and it
may even become a bad moral conduct in time to come. Thus, the public opinion and
moral precepts go on changing with social evalution, social culture and social
development.Jurisprudence is concerned with positive morality since law is considered as
an instrument to regulate human conduct in society. Positive morality does not depend on
ideal behavior or good actions but it, requires a coercive force for maintaining public
conscience. There is a separate branch of jurisprudence called the ethical jurisprudence
which seeks to lay down the standards of ideal for human conduct in terms of law for the
maintences of public conscience. It must, however, be stated that there are many unethical
acts which the law does not seek to punish. For example the law does not take notice of
trifles. So also, to tell a lie is unethical but it is punishable as an offence. Conversely, all
that is prohibited is not Necessarily immoral e.g. possessing land beyond celling limit is
punishable under the law but it is not an unethical act. Again, driving a vehicle or a car
without a valid license is not unethical although it is prohibited by low.Generally speaking,
laws must not be divorced from accepted human values since it is an instrument for
regulating human conduct in a given society. As Dr. M.J setae rightly pointed out, laws of a
community are reflected in its culture, ideology and social norms. They are, therefore,
indicators of country’s civilization and the ethical standards of the society, hence ethical
values cannot be excluded from jurisprudence.
Jurisprudence and Psychology :
Psychology as a branch knowledge is concerned with the working of brain or mental faculty
since jurisprudence and law are necessarily concerned with human action and it is the
human mind which controls human action the inter-relation between psychology and
jurisprudence need not be over-emphasized. Particularly in dealing with crimes the
psychology of the offender is generally taken into consideration. Again, psychology plays a
dominant role in the study of criminology and penology.The psychology of the offender is
also one of the crucial factors in deciding the nature of punishment of the convicted person.
The modern reformative techniques of punishment such as probation parole, indeterminate
sentence, admonition, pardon etc. are essentially device for the treatment of offenders
according to their psychological traits. That apart, the legal concepts such as negligence,
intention, motion, men’s real recklessness. Rashness etc. pertain to the faculty of mind and
therefore, they form a part of study of psychology as also the jurisprudence.

Jurisprudence and History :

It is difficult to appreciate the present law and legal system without probing into its past
historical evolution. Therefore, there is a close tier-connection between history and
jurisprudence. History consists of the past events in their proper perspective. Thus, in order
to understand the constitutional jurisprudence of a country it is necessary to look into its
past constitutional history. It may, therefore, be concluded that the study of different
branches of low essentially requires their study in the historical perspective without which
its knowledge would remain incomplete. The codification of personal laws of Hindus in
1955-56 is essentially an outcome of the historical evaluation of the unmodified Hindu law
of ancient India and its transition through many phases.
Jurisprudence and Sociology :
Sociology also includes the study of a part of law to some extent, for example, criminology
is one of the inter-disciplinary studies related to both sociology and law Again, and
jurisprudence includes within its compass the sociology of law that is the practical
functioning of law in the society. Further, sociology as well as the study of jurisprudence are
concerned with regulation of human conduct in society. Therefore, the approach to law is
different from that of a sociologist’s attitude towards law. The former looks it form point of
view enforceability and obedience by the people while the latter concentrates on studying
how these rules actually govern the behavior of individual in the society.More recently,
there is greater thrust on sociological approach to law and legal problems. The modern
prison reforms and correctional serviced for the treatment of offenders have been devised
keeping in view the sociological factors of the offenders. Even the judges have accepted
the role of sociology and its relationship with law and it is often reflected in their decisions.
28 the purpose of law as conceived today. Is to ensure social justices.The relationship
between law and sociology has been supported by G. W. paton for three obvious reasons,
namely. ,< ) it enables better understanding of the evolution and development of law. (2) it
provides greater substratum for identity of law commensurate with human needs and
societal interests, and (3) it provides objectivity to legal interpretation which is the need of
the hour. Without social inter-action, law would remain a mere theoretical perception devoid
of any practical utility.
Jurisprudence and Economics :
Economics being a science of money and wealth and jurisprudence a science of law, both
are intimately co-related. Economics deals with production and distribution of wealth for
satisfying the wants of the people. It is one of the major factors responsible for of mankind.
To name only a few, the laws relating to banking, companies, negotiable instruments.
Foreign exchange regulation, consumer protection.Ceiling of land and wealth, payment of
wages. Bonus, insurance, debts etc. are intended to regulate one or the other economic
activity of man in the society. Of late. Law of poverty and law of population have developed
as separate branches of law for the welfare of the people the ultimate aim of economics as
well as jurisprudence is to improve the standard of life of the people for the welfare of the
community as whole. Low acts as means to achieve this end.

Jurisprudence and politics:

Friedman has aptly remarked that jurisprudence is linked at one end with philosophy and at
the other end with political theory. Political science deals with the principles governing the
governmental organization. State is politically organized society which makes law for good
governance of the people. Politicians which makes law for good governance of the people.
Politicians who are representatives of the people form the Legislature which is the law-
making organ of the government. This amply reflects on the relationship of jurisprudence i.
e. science of law with politics.Form what has been stated above, it is evident that the
subject-matter of jurisprudence comprises a synthetic study of various disciplines and
social sciences, is primarily for this reason that some jurists have advocated the necessity
of synthetic jurisprudence in recent years. They have asserted that jurisprudence is an
amalgam of history, philosophy, politics, sociology E.conomics etc. ut us a science and is
concerned with altruistic utilitarianism or the doctrine of hedonism as propounded by
Bentham. Jerome Hall is one of the doctrine of the ardent supporters of synthetic
jurisprudence in United States. Lord Dennis Llyod had also emphasized the need for
synthetic jurisprudence for the growth and practical applicability of law.

Comparative Jurisprudence :
As the term itself suggests, comparative jurisprudence implies a comparative study of laws
and legal institutions of two or more legal systems operating in different countries of the
world. As rightly stated by Gutteridge, ‘Comparative jurisprudence is a term which
suggests the use of comparative method as a tool to find out differences and similarities
between the different legal systems. It includes a comparison of precepts, doctrines and
legal institutions which are found indifferent systems of law. Austin himself adopted
comparative method to propound his theory of general jurisprudence by study in the legal
systems of the Romans. Likewise, Saving adopted comparative historical approach for
studying the law and legal institutions, of Greeks, Francek2 and Germany. Again, Sir
Henry Maine made an intensive comparative jurisprudence lies in the fact that it enables a
county to know about the shortcomings of it5s own legal system and suggests alternative
for improving it through the method of comparison.The foremost jurists to contribute to the
developments of comparative jurisprudence were Kant and Story. According to them the
chief function of comparative jurisprudence was to facilitate legislation and the practical
improvement of law. The jurists of 20th century started to appreciate the fact that foreign
law may be studied for the lessons to be learned form it, and that comparison was not
merely an artifice to enable foreign rules to be introduced into a national system of law.
Salmond has characterised comparative jurisprudence as “ the study of the resemblances
and differences between different legal systems. “ He refuses to accept comparative
jurisprudence as a separate branch of jurisprudence but accepts it merely as a particular
method of that science.
INDIAN JUDICIARY AND JURISPRUDENCE
Judiciaryhas gone through various phases sk2ince the adoption of the Constitution on
26th day of November, 1949. Various Reports on Judicial Reforms have been
submitted by the Law Commissions after in- depth study, which have dealt with various
aspects of Law – substantive and procedural. It has, therefore, become imperative to revisit
the recommendations and implement those which will promote Court Management, Case
Managing and improve Administration of Justice as a whole.Management of Cases in the
trial courts by a systematic manner to for the reduction in number of pendency in cases is
called case flow management. This concept was firstly coined in the case of Salem Bar
Association Versus Union of India in the year 2005. It has a twofold programme, one to set
a time table for the disposal of cases and second is comprehensive management of the
events to be fixed for the trial of a cases.
1.2 PROBLEM ON HAND/NEED FOR THE RESEARCH
The research problem is framed on the conception of the Case Flow Management, it
application to existing system, its implementation, impact after the implementation and
its utilization in the trial courts. Thus, this system needs to understood by the four fold
issues which are framed as the research problem in view of the above facts and
circumstances. Firstly, it is noted to the application of the system. Secondly, delays and
its reasons for effective application. Thirdly, nature of impact to ascertained after
implementation and Lastly, to the usage and role of function of trial courts by its
utilization. Thus, these are research problem as under :

Whether the concept of Case Flow Management is applied in Trial Courts?

What are delays in effective implementation of Case Management in Trial Courts?

What will be impact after implementation of Case Management in present

judicial system of Trial Courts?

What will be the role of Trial Courts in utilization of the Case Management
System ?
Today Courts in India are facing following problems, and these problems are nothing but
obstacles in enforcement of Case Flow Management.
Pending cases :
The problem of pendency of cases is the most top priority in the judicial system .There are
many factors which are pertaining to give rise to this problem. As the time passed the
population ratio increased rapidly in our country. At the same time peoples at all parts of
the society now a days are conflicting with each other on some other issues. After
independence the old system of resolving the dispute by alternative mode or the arrive on
the amicable settlement formula was almost given up the peoples. Hence, this attitude
gave rise to the filing of mammoth pendency of case in the courts. As the time passed on
the crime rate also increased with great numbers. This also contributed in the rise of
pendency of case in judicial system. The judge and population ration is also a factor of
the consideration at this juncture.

Lack of judicial accountability

The Judicial Accountability is one of the factor to consider as the contributing element in
the enforcement of Case Flow Management. It is noted that many of the members of
judicial fraternity must now at this juncture adapt the changes in present system . They
should be accountable for the course of action. This is the need of hour. The judges
appointment is one of the aspect which is part and parcel of the judicial accountability.

Lack of proper infrastructure

The present Indian Judicial System faces the problems of work burden of cases. The
cases by the their physical presence means lacks of state of files in the courts and the
premises . It is noted that many times there is less space avaible for the judicial officers
and staff to work in the existing courts. These court room are not ideal to implement the
case management model. Thus, this is also an equlivalent element contributing as
obstacle for the executing of the Case management programe.
Lack of professionalism among advocates
The role of advocates is major impacting factor in the present judicial system. The
Advocates are governed by Advocates Act and Rules framed by Bar Council of India.
There was a time when the advocates where know for the professional conduct which was
charm of their field. However, time and again we have seen that now the practice of legal
profession does not enjoy the same zeal of respect in the society as it was previously. It is
noted that due to skeptical approach of the advocates led into delay in enforcement of the
case management system in present judicial pattern.

Lack of awareness among people

The Indian people are not yet well verse with legal aspects of the country. The awareness
among the people is contributing as one of the major drawback to execute the scheme of
Case Flow Management. Thus, to create awareness among the people is major task
before giving a kick start to the Case Management System.

Difficulty in procedural laws

There are two aspects of laws in functioning of the present system. The substantive and
other is Procedural Laws. This procedural law is mechanism for the working of the court
system. This law time and again has gone redundant to some extent. Thus, these are
creating the obstacles in the implementation of the case flow management system. They
have become rigid in nature thus making it difficult for the adoption of new innovative
methods for better enshrines for access to justice to all.
1.3 OBJECTIVES OF RESEARCH

Today Courts in India are facing following problems, and these problems are nothing
but obstacles in enforcement of Case Flow Management. Based upon problem and
data following are the objectives of this study.

To study the effective methods for the implementation of Case Flow Management
in Trial Courts. This can be seen through implementation of the analysis from the
findings on the data collected from the area of research.

To assert the time bound period for the disposal of cases by usage of Case Flow
Management policy in the trial courts system. This time bound programmer is
based upon the achievement of timely disposal of the cases filled with tracker
system with stipulated period of time slot as per code of Civil procedure and
code of criminal procedure.

To find out the reasons behind the mammoth pendency in present judicial
system. The reasons ascertain the pendency is seen from the problems aroused
from the infrastructure problems, staffing pattern, less number of judge:
population ratio.

To find out various other effective measures to solve the problems of pendency
for justice delivery system such as Alternative Dispute Resolution System
inconsonance with trial court. The mediation, arbitration, negotiation and
conciliation.

1.4 SCOPE OF RESEARCH:

The Scope of the problem is the exhaustive study of the judicial system. Its working
with the inconsonance of the Code of Civil Procedure, Criminal Procedure, Civil &
Criminal Manuals, Constitution of India and the judicial principles of law on works jurists
in the evolution of the jurisprudence. The Code itself is the exhaustive piece of
legislation. It provides for the rules and procedure which are framed for the working and
implementation of law of the land. It is guidelines on which the present courts are
functioning. The code lays definitions, authorities, applications and norms used for the
justice delivery system. To draw findings on the analysis of existing data to understand
the effective implementation of Case Managing Policy in trial courts. The further scope
of the study is based upon the analysis of the data collected , the findings are drawn
upon the results , the conclusion is framed accordingly. The prime motto is : justice
must be done in all aspects so as it is access to all therefore one for all , all for one.

1.5 AREA OF RESEARCH WORK/ORGANIZATION

The research problem is limited to conduct research on specified area. A precise region
is identified for the present research work. Sangli District, Civil ;2& Criminal Court in
Taluka Jath within the limits of Municipal Council of Jath, State of Maharashtra is
selected as definite area of research. The data collection and its interpretation are
confined to the said area of research. Based upon the collection of the data in the said
region the findings are to be drawn in the present research. The findings are limited to
the extent of the said research area .i.e. jurisdiction of Civil & Criminal Court Taluka
Jath, District Sangli, Maharashtra. The Civil & Criminal Court fall under the Judicial
District of Sangli. The Head of the District Judiciary is Hon. Shri A.D Upadhaye
(Principal District & Sessions Judge , Sangli ) under the administrative control of
Hon’ble High Court of Bombay, The court of Civil & Criminal Court Jath was inspected
by Shri. A. D. Upadhye, Principal District & Sessions Judge, Sangli during the period
from 12.10.2015 to 17.10.2015. The period covered by the inspection was from
01.03.2014 to 30.09.2015. The last inspection was done during the period from
28.02.2011 to 28.02.2014 by Shri. A.D. Upadhye, Principal District & Session Judge,
Sangli.

OBSERVATION AT FIRST GLANCE

The Presiding Officer Shri. K. M. Chakranarayan, Civil Judge Jr. Dn. Jath is
timely present in the Court.

He is properly dressed. All staff members are present in time and they have
signed the muster role. The muster roles and later muster roles are kept with
Asst. Superintendent (Judicial) of the Court of Civil Judge, Jr. Dn. Jath.

The court hall and office premises are found in clean and good condition.

CASH BOOKS OF CIVIL & CRIMINAL COURT , JATH

The ‘I’ Cash book of Civil is maintained properly. At the time of inspection
 Rs.293.50 is at ‘G’ register.

Coping fees register have balance of Rs. 281/-. Permanent advance register is
having balance of Rs.444/- and miscellaneous register is having balance of
Rs.355/-.

The criminal cash book is verified at the time of inspection. The ‘G’ register is
having balance of Rs.232.60. The coping fees register is having balance of
Rs.355/-. The fine register is having Rs.250/- at balance.

PARTICULARS ABOUT THE PRESIDING OFFICER IN CIVIL & CRIMINAL COURT,

JATH.

Name Edu. Quali. Date of Date of Sum. Small Training at

Appoint. promotion, Power cause Judicial
at if any s powers Officer’s
present training
station institute
K. M. M.A. 10.02.20 22.06.2015 No Yes Induction
Chakaranarayan (Public 14 training at
Admin), Maharashtra
LLM Judicial
(Human Academy,
rights) Uttan,
NET (Law) Mumbai.
Ph.D. (Law) 14.01.13 to
21.12.13

COURT BUILDING:
The Court building of the Civil Judge Junior Division and Judicial magistrate First Class,
Jath is housed in the Government building by the side of Miraj-Jath main road. The
office of Panchayat Samiti (Block Develpoment Officer) and Tahsildar Office(Executive
Magistrate) is adjacent to the eastern compound of this court building. The main court
building consists of a court hall and four rooms. The room adjacent to the court hall to
the eastern side is used as the chamber of the Presiding Officer. To the eastern side of
this chamber there are two rooms for the eastern side of this chamber there are two
rooms for the use of office. One is used by the Assistance Superintendent (Jud.) and
another is used for Criminal staff. The room on the western side of the court hall is
used by the staff members working in civil section. To the northern side of the main
building there is quadrangular open space and side of the open space there are five
rooms. In the eastern side two rooms the (muddemal) .i.e. property in criminal
proceeding is stored. The third and fourth room, which are on western side of
muddemal .i.e. record of property room are used for preserving Record & Stationary of
the court. The fifth room is the western side of these four rooms and presently it is
vacant to the southern side of this room there is a water tank (in dilapidated condition).
To the southern side of this tank there is latrine for the use of the Judicial Officer.
Eastern side of the main building there is open space bearing C.S. No.930.To the
western side of the main building south-north & facing to east, for the use of witnesses,
but at present one of the room is allotted to the advocates of the Bar room & second is
allotted to the Assistant Public Prosecutor for his office. The third room is used by the
bailiffs of the court for their office work. The southern side of these three rooms there
are two rooms, one of them is used by the Asst. Superintendent (C&F) for account
section staff. The other room is used as computer server room. There are facilities of
the urinal and latrines of ladies and Gents are available and adjacent to this, another
work of construction of urinals and latrines for the purpose of handicapped members is
going on as per directions given by the Hon’ble High Court Bombay.

Adjacent to the server room at southern side there is of a E-court room and adjacent to
it there is one room facing to east constructed with tin shed temporary installed for the
seating arrangement of advocate due to shortage of the rooms. To the southern side of
these rooms there is one room towards southern side attached with Urinals & Latrine
facilities of the sitting arrangement of newly established court of Jt. C.J.J.D., Jath, is
made in this room having court hall and its small chamber. There is a compound wall
with wire fencing around the court premises. There is sufficient open space around the
court building. Around the building there is proper plantation of trees.

SANITORY ARRANGEMENT:
The facility of Urinals & latrines in the north-west provided for the use of litigant public,
staff members and advocates as well for the handicapped persons.

RESIDENTIAL QUARTERS:
There is one Government residential quarter. It is allotted to Shri. K. M.
Chakranarayan, Civil Judge & Judicial Magistrate who is now residing their surrounded
by compound wall is provided in the premised of court building.

WATER SUPPLY & ELECTRIC INSTALLATIONS:

The water connection is provided to this court. The water tanks are fixed for drinking
water to the eastern side of the main building for the use of the litigant public.Two bore-
wells are provided. Out of it the motor is provided for one bore-wells and another is not
in use. Plantation of various trees is made & those plants are watered by using the
water of those bore wells.The court building & all rooms are provided with electric
fitting, the court yard is also adequately proved with light by the tube lights.

TELEPHONE FACILITY:
A telephone connection is provided to this court under the subscriber No.246284. The
telephone books register is maintained.

XEROX MACHINE:
A new Xerox machine Mode No.IR2420 L Duplex Unit Sr.No. PZH-17732 is provided to
this court by the Canon company on 06.12.2013, and the said machine is installed by
the engineer of Quality Office Equipments, Sangli the concern company on06.12.2013.

FAX MACHINE:
A new fax machine Model No. SHARP FAXF0-A650 product Code No.87102490 is
provided to this court by the Sharp Company on 24/11/2008 and the said machine is
installed by the engineer of the concern company on 17/01/2009.

REPORT REGARDING COMPUTER SYSTEM:

In all six winbee, there pc and one pc for the use of legal aid are installed in the
premises of court building. Out of six winbee, one winbee for the use of E-court and
registration section (along with dot matrix printer) another two winbee for the use of civil
branch and criminal branch (along with two dot-matrix printer respectively) of CJJD and
remaining three winbee are yet to be installed and they are in balance. One PC for
legal aid is kept in the room of E-court along with laser printer. One PC for the use of
account section having laser printer and scanner with internet connection is installed.
Two server are kept in server room. One PC (along with laser printer and UPS) is
installed in the court of CJJD for the use of Stenographer and another PC (alongwith
laser printer and UPS) is installed in the court of Jt. C.J.J.D.On inquiry, with Asst.
Supdt. & Server Incharge, it is noticed that the requisite electric points, Lan cables &
furniture is not available for the installation of above remaining three winbee computers,
hence they are kept as standby. Shri. R. A. Ravan is working as Main Server
Administrator. Shri. T.A. More, Jr. Clerk is appointed as Jt. Server Administrator. The
work of data entry is up to date. The server room is neat and clean. Dead stock articles
are provided to computer section as per Dead stock register. Hardware is installed as
per direction of district server administrator of District Court, Sangli. Computer training
is given to staff member and stenographer. Data entry in English and Marathi
completed. The judgments / orders are uploaded thorough Stenographer. Balance
Sheet of pending proceeding is maintained in CIS. No any matter is lying unattended
for longer time. Video conference unit is provided in this court, however it is not
installed as no premises is available for this purpose.

STATE OF FILE (CIVIL CASES ):

State of file as on 01.03.2014:
Categories of Total Ready Unready Comm. Rec. Stayed
Proceeding

Reg Civil Suits 555 115 433 1 -- 6

Sum. Civil Suit -- -- -- -- -- --

Reg.Executions 209 -- 177 -- -- 32

Petitions

Misc. Appln. 69 55 14 -- -- --

D.F. No. 5 -- 5 -- -- --

M.D. 1 -- 1 -- -- --

Election Petitions 3 3 -- -- -- --

Rent Appl. -- -- -- -- -- --

TOTAL 842 173 630 1 0 38

State of file as on 01.10.2015:

Categories of Total Ready Unready Comm. Rec. Stayed
Proceeding
Reg. C.S. 1222 526 688 2 -- 5
Sum. Civil Suit -- -- -- -- -- --
Reg. Dar. 231 81 118 2 -- 29
Misc. Appln. 96 34 62 -- -- --
D.F. No. 9 4 5 -- -- --
M.D. 1 -- 1 -- -- --
Elen.Ptn. 4 3 4 -- -- --
;Rent Appl. -- -- -- -- -- --
TOTAL 1563 648 915 4 -- 34

COMMENTS ON FILE (CIVIL):

From the above statement it is seen that at the time of last inspection total 842 civil
proceedings were pending as on 01/03/2014 and now 1563 Civil proceedings are
pending as on 01/10/2015.On 18/098.2015 the court of the Jt.CJJD, Jath is disband
and file of this court is transferred to the court of CJJD hence file of CJJD is increased.
Out of 1563 civil matters 648 are ready and 915 are unready. The ratio of ready to
unready cases is 40:60.Out of ;unready civil matters 4 for commission and 34 are
stayed. Further it is noticed that, out of total civil matters 26 are ten years old and 291
cases are more than five years old pending in this court. No matter is pending for
framing of Issues.
STATE OF FILE (CRIMINAL CASES):
State of file as on 01.03.2014:
Categories of Total Below 3 Above 3 Above6 Above 9 Over 1
Proceedings months below 6 below 9 below year
months months 12
months
RCC & Other 433 38 45 57 27 266
Misappropriation 6 -- -- -- -- 6
Cri. M.A. U/s. 16 2 1 1 3 9
125
Domestic 82 12 5 19 11 35
SCC IPC 131 12 7 16 13 83
NI Act u/s.138 252 74 13 33 49 83
Other Sum. 99 5 7 10 8 69
Bom. Pro. Act 67 27 12 26 1 1
Oth. M.A. Cont. 4 -- -- 1 2 1
Uncontested 181 27 12 20 24 98
Matters
Uncontested 2 --; -- -- -- 2
Matters Rly./MV
TOTAL 1373 197 102 183 138 653
State of file as on 01.10.2015:
Categories of Total Below 3 Above 3 Above6 Above 9 Over 1
Proceedings months below 6 below 9 below year
months months 12
months
RCC & Other 696 57 49 42 21 527
Misappropriation 1 -- -- -- -- 1
Cri. M.A. U/s. 32 3 1 2 4 22
125
Domestic 154 19 6 10 10 109
SCC IPC 287 23 20 17 12 215
NI Act u/s.138 501 35 37 143 107 179
Other Sum. 94 1 8 8 5 72
Bom. Pro. Act 312 69 60 69 24 90
Oth. M.A. Cont. 13 -- -- 2 -- 11
Uncontested 335 87 28 30 12 178
Matters
Uncontested 4 -- 1 -- -- 3
Matters Rly./MV
TOTAL 2429 294 210 323 195 1407

COMMENTS ON FILE (CRIMINAL):

From the above statement it is seen that at the time of last inspection total 1273
criminal proceedings were pending as on 01/03/2014.Now 2429 criminal proceedings
are pending as on 01/10/2015.On 18/09.2015 the court of the Jt. CJJD, Jath is disband
and file of this court is transferred to the court of CJJD hence file of CJJD is increased.
Out of 2429 criminal matters 644 are effective and 1785 are ineffective. The ratio of
effective to ineffective cases is 27:73.Further it is noticed that, out of total criminal
matters 1407 are more than one year old cases are pending. In all 166 cases more
than five years old and no case is pending for more than ten years old and out of it 8
matters are stayed.
DISTRIBUITON OF WORK:
This court is entrusted with civil and criminal matters. On 18/09/2015 the court of the
Jt. CJJD Jath is disband and file of this court is transferred to this court. Now, at
present 1563 Civil and 2429 Criminal matters are pending in this court. There is no
question of distribution of work after the disbanding the Jt Civil & Criminal Court.

BALANCESHEET (CIVIL):
One Balance Sheet File is produced for the purpose of inspection. It is commencing
from 1st June, 2014 and it is still in use. The common Balance Sheets for Regular Civil
suit, Misc. Applications E.lection Petition, Regular Darkhast, Decree Final & Misc.
Diary are prepared on computer. All Proceedings are physically verified with the help of
Balance Sheet as on 01/10/2015 and found that all the proceedings are forthcoming.

BALANCESHEET (CRIMINAL):
One Balance Sheet file is produced for the purpose of inspection. It is commencing
from January, 2014 and it is still in use. All proceedings are physically verified with the
help of Balanced Sheet as on 01/10.2015 and found that all the proceedings are
forthcoming .

DAILY BOARDS (CIVIL CAUSE LIST):

The daily boards for ready and unready matters for the period 01/04/2015 to
30/09/2015 are produced for the purpose of inspection. The average matter kept on
Civil Cause list is about 25 to 30 case per day listing.

DAILY BOARDS (CRIMINAL CAUSE LIST):

The daily boards for ready and unready matters for the period 01/04/2015 to
30/09/2015 are produced for the purpose of inspection. The average matter kept on
Criminal Cause list is about 35 to 40 case per day listing.
MEMORANDUM BOOK (CIVIL):
Total five memorandum books are produced for the purpose of inspection. Two
Memorandum books are used for Ready matters and 3 for unready matters last ones
are commencing from September, 2014.

MEMORANDUM BOOK (CRIMINAL):

In all two Memorandum books are produced for the purpose of inspection. The last one
is commencing.