Relation of IT and Insurance in managing Legal Services in India”.

By Syed Kamran RAzvi

Relation of IT and Insurance in managing Legal Services in India”.
By Syed Kamran RAzvi1

Abstract

It is the inter-disciplinary approach which is the lead line for any sectoral
development in the increasing global times. IT and Insurance links with legal services
or legal sector to use it as generic term is sub-set.
Like all the services, legal services are also the ones who have large market
share and are growing as part of Service exports. The concept of Management in legal
sector in India may be still in its infancy. However the major competitors today have
introduced the same much earlier.
India boasts of about 100000(one hundred thousand) Lawyers and perhaps one
of the largest number of courts. Yet the costs and delays have stalled the growth of
legal services in India like Arbitration, Case Management and other related concepts.
Thus the induction of competitiveness given the opening of this sector
pursuant to WTO Services agreement in 2005(GATS), needs evaluation. There is very
little study done on this subject. Much of the impetus comes from the bilateral Aid
agencies and the government itself.
IN this back-drop the paper works on the status of IT innovation and future
possibilities in the legal sector and also that of concept of Insurance products tailor-
made for legal sector.
The complimentary relationship between any of the Services management and
legal sector is self evident. However the paper restricts itself to the two Insurance and
IT. These two need the most efficient of the services for the reason of Claims
adjudication procedure, adequate protection of copyright, Trademark and
Licensing/franchise regimes, Mergers and Acquisitions, etc.
Legal Services are being encouraged as exports by City-States Like Singapore
and Hong Kong in Asia. They have been successful in challenging predominance of
New York and London as center for adjudication for the complex cases.
Keywords: Level one technology, Court Management, ADR, claims
adjudication, Court software and legal expense insurance, professional indemnity
insurance, Copyright and Patent regime.

1
[email protected]

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Relation of IT and Insurance in managing Legal Services in India”.
By Syed Kamran RAzvi
Age of Interdisciplinary approach:
Indian challenge in the global scenario can be singled out only on one count. The
conventional approach needs to be dismantled to apply to the new governance
standard.
In an ad of News network TV it says, “ the US attack on Iraq can have impact on the
remote village many miles away”. It is the essence of the message that states the
compulsion and underlies the conclusion for “the new and fresh approach”.
It is not infinite impact of globalization but it is the increasing acceptance of multi-
disciplinary approach to “Solutions”.
The alliances are no longer, political or financial, the whole new challenge can be
thrown up by say like GSA(Global Software Alliance) or Pharmaceutical based
growth by Ireland can be the model for many to emulate or Patent regime or
dismantling of existing Patent regime (given the exigencies and repressive impact)
can have absolutely revolutionize the concept of Development and Growth for
continents like Africa whose growth rate is less than 2%2.
There is now move called Anti-global movement. These movements are often
described as “Terrorists”. Thus the Risk assessment and management are increasingly
gaining importance as subjects with practical implications.
In past one decade, synthesis of applied knowledge and integration of
conceptual themes, now find common occurrence.
Law has been the oldest essence of civilization. In pursuit of its improvement
systems of Law and mechanisms for implementation of it has been key to
standards/level of civic values or societal standards.
The paper examines the interaction of Insurance and Technology in Law.
These two interactive subjects have tremendous impact on other fields. It seems that
the field of Law is no longer immune.
While Law precedes the change in the society but it seems in Indian context it
has always been the order. Although as on date 99% of legislation owes its existence
to Colonial British experiment on codification of Laws since 1860i. Some of the
legislation being even prior to the same.
The hierarchy of Courts with exception of Kazis Act, being British in origin, it
has changed very little since then.3

2
WDR,2004 estimates
3
Schedule A (map of courts in India)

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Relation of IT and Insurance in managing Legal Services in India”.
By Syed Kamran RAzvi

Courts and decision making in India:

IN the matter of decision making it is three set of groups namely: Judiciary,
Lawyers and Litigants. It is the interactive nature of the trio which is the
subject matter of study and management.

Indian courts have followed the flexible approach when it came to

interpretation of Law and statutes. So Indian Supreme Court which is the
ultimate Law exponent4 in India. Its decisions are binding on all courts in India
as is envisaged in the ;

Article 141. Law declared by Supreme Court to be binding on all courts. -

The law declared by the Supreme Court shall be binding on all courts within
the territory of India.

142. Enforcement of decrees and orders of Supreme Court and orders as to

discovery, etc. -

(1) The Supreme Court in the exercise of its jurisdiction may pass such
decree or make such order as is necessary for doing complete justice in
any cause or matter pending before it, and any decree so passed or
order so made shall be enforceable throughout the territory of India in
such manner as may be prescribed by or under any law made by
Parliament and, until provision in that behalf is so made, in such
manner as the President may by order 1prescribe.

(2) Subject to the provisions of any law made in this behalf by Parliament,
the Supreme Court shall, as respects the whole of the territory of India,
have all and every power to make any order for the purpose of securing
the attendance of any person, the discovery or production of any
documents, or the investigation or punishment of any contempt of
itself.

1. See the Supreme Court (Decrees and Orders) Enforcement Order,

1954 (C.O. 47).

Thus this court draws its sources relying on many judgements

passed by Privy Council and Federal Court (pre-1950) and other Supreme
Courts in US, Great Britain5. However there are new sources of Judgement to
follow like say Trade, ICJ and so on.
4
It very rarely acts as Law maker as following the doctrine of Separation of Powers.
5
House of Lords Committee.

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Relation of IT and Insurance in managing Legal Services in India”.
By Syed Kamran RAzvi

Access to Justice6 and Technology in Developed world:

The scale of ‘Value for Life’ varies from system to system and society to
society. It is the disparity which makes this fact more obvious than any other
propagation. In instant case of Law and Justice who are constantly dogged with the
twin challenge of:

Delay and Access.

Since the dispensation of Justice has human element entrenched in to it, these
two challenges are sensitive in seeking solutions.
In short, the indispensable human element makes the challenge difficult. In
most solutions by technology this has been the case. Here such approach would have
a limited success rate, in order to retain the efficacy in the system. Still more
importantly, the eluding confidence of the beneficiaries or users in short the litigants,
and practitioners or more appropriately CITIZENS desired to be retained with
imperative changes or improvisation.
This system was more formal to dismantle. The pace of civilization but
requires the equally adaptive legal methodology, without compromising the quality of
law and Justice.
Some of the fields have become entirely dependant on technology which has
brought in the new legislation which deals with electronic applications and Cyber
applications. Not to mention the increasing complexity of laws (Conflict of Laws)
which is discussed below.
Thus it is the notion of Court Administration where every thing was to go on
record that small recording system like Stenograph machine was invented and is still
popular in many parts of the world.
In India the recording has been done on the typing machines or by hand by the
presiding Judges and the noting on the order sheets. So the acquisition of ‘Level one
technology’7 has been very restrictive. It has tremendous potential.ii There is need to
adopt the standards and set the same also. It starts from refurbrished Court room to
whole new range of specialists and super-specialists.

6
Art.21 and 39A of the Constitution of India envisage equal justice and legal aid.
7
Term denotes standard of technology available in the US Courts. It is not the same for Indian
standards, it is more of LAN and WAN. Although in past three years it has improved a lot.

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Relation of IT and Insurance in managing Legal Services in India”.
By Syed Kamran RAzvi
The international usage of technology in Courts has been more litigant focused
whereas in India it is more of Office management equipment with limited internet
options.
As the PC revolutioniii coupled with internet revolution occurred, so the
technology penetration increased with site for “paperless world” in Courts. It is
unthinkable if not unimaginable. US has adopted universal standards and enactment
called Paper Work Reduction Act.

This coupled with information kiosks like vending machines started to appear
in Courts especially to make the people aware of their rights and preparation before
they launched the proceedings in the court of Law. Family Law and employment laws
were instant popular.
With the advent of ATMs and ECS and EPS new Laws to cover these Banking
transactions were made. Such changes have speeded up induction of technology in
courts.
Reagan era in US further marked global trade relations. This made the changes
in technology simultaneously applied to technology. As the standards evolved. It was
found to be directly cutting delay and access to Justice also. The information was
readily available. This more successful in bringing Justice accessible to those who
could not afford the expensive legal system. iv
Some more examples and perhaps the biggest example being the Stock
Exchanges. Some of the Corporate entities have bigger turnover than most small
nation-states GDP. When the corporate entities began as Charter companies like
British East Indian company, they were heavily regulated and tightly controlled by
statute in their private-ownership.
As the global security markets began to make their impact, so very specialized
legislation was introduced. Here technology has outgrown the reach of Law.
Even the enforcement of best of legislation of Securities have continued to evade the
small investors. Corporate Statutes and those affecting the same have been
v
continuously evolving with stress on timely Justice.
These developments have initiated a new kind of Insurance called ‘Employers
Infidelity Insurance’. Under this kind of insurance the Corporates or the large
business entities are insured for such indemnifying acts of their employees. Indeed
many important changes have occurred in terms of Employment Law like in UK.

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Relation of IT and Insurance in managing Legal Services in India”.
By Syed Kamran RAzvi
All these indeed point to the considerable mix of services and the enactments
which traverse or hop in coverage of one topic to another. It is this complexity which
marks the growth of service sector. The model espoused by US and many Europeans 8.
This is further explored in this paper.

Initial Applications of IT9 in Courts :

It was exciting and encouraging as it speeded up the process. Although thirty
years hence, the speed of developing a prototype into shelf product has shortened and
the Break Even Point is achieved much faster. In most, cases shelf-life being just six
months. IN Japan according to one estimate is just three months.
This entails cost for what is called ‘upgradation’. So in global sense the Price
advantage governs this induction of technology and may at times act as deterrent in
adopting technology for the nations who lack knowledge-based industries10. Indian
competitive advantage is quite unique without really acceding to the ‘race to
bottom’.vi
Putting aside, issue of costs. In further examination it is found that the Courts
embraced/adopted technology with equal fervour. It was one of the application areas
identified by the IT industry.
The synergizing of the efforts brought in benefits for the litigants. Tracing the
history of IT based projects for Courts in US is natural. As US was the hub of IT
revolution and innovation.11
One of the first projects initiated in Court rooms was in States like Delaware
which was the centre of most companies for its friendly nature of corporate laws and
Court rulings.
The introduction of court room technology was used for video presentation of
evidence and also the exhibits and discoveries in the Trial. It made the system more
transparent and accountable.12
8
UPA,including FM in India and its advisors feel it is not a model to be emulated by India. Since the
transition from Agriculture is yet to be achieved to provide enhanced skills and updating skills of the
largely unskilled illiterate rural masses. Unlike Chinese who have an ambitious Rural updation of skills
program even in remote region not to mention the literacy rates.
9
IT is current expression indeed early technological initiatives were more video-based, followed by
video conferencing i.e. phone based or ISDN based. IT in real sense came into use only after 1989.
10
The Great Digital Divide which is creating tremendous disparities UNDP report,2004
11
Although the first computer was invented by the British Mathematician, at Cambridge and the
computer was as big as an average bedroom. www.ibm.com.
12
Court reporting through sketches and audio has been a long tradition in US and West. Now there is
Court TV channel which broadcasts live many trials. Although this has entailed many debate on the

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Relation of IT and Insurance in managing Legal Services in India”.
By Syed Kamran RAzvi
An interesting situation arose while awarding the costs to the in litigation titled
“Science Applications International Corporation V. Superior Court of San Diego
County46 Cal.Rptr.2d 332,337 (Ct.Appl.1995) :
The court went on to criticize the use of technology in this case, pointing out that the
prevailing party was awarded damages of $1 million but had litigation costs of
$2million, and concluding that: "[i]f a party litigant chooses unwisely to expend
monies in trial presentation in excess of the value of the case, utilizing advanced
methods of information storage, retrieval, and display, when more conventional if less
impressive methods are available, the party must stand his own costs."

The judge has made the pertinent point here, as the Courts have to depend on the
Public money which has many strings and riders attached to it. So the avoidable costs
and room for experimentation is less here. However the Technology vendors would
counter-argue the same with their cutting costs logic. It seems that the latter argument
has gained ground in cutting costs. However this may not be the case in cutting edge
technology even today when servers today come at the price for PC less than five
years ago.
Thus the bench marking and issues in technology as it progressed over the
years has been well summed up in Article by Prof. Fredric I. Lederer13:

“Further, an increasing number of courtrooms include the capability for remote, two-
way testimony via video-conferencing. Indeed as of April, 1998, the Administrative
Office of the United States Court reported that at least thirty-four federal district
courts, encompassing sixty separate locations, are or will soon be equipped for video-
conferencing. At least twenty-nine states use or authorize videoconferencing for
various proceedings, and a few have implemented remote, forensic expert laboratory
testimony. Even appellate courts are using videoconferencing. The United States
Courts of Appeals for the Second, Tenth, and District of Columbia Circuits use
videoconferencing for oral arguments,”

Some other states like Australia which has also pioneered in the use of court room
technology has enacted special provision in the Evidence Act,195814
The technology market today is open to innovation and reaches the markets by
adapting to the needs of a particular market. Cellular or mobile phones is one example
which has led the communications revolutions in countries like India, China etc.

independence of the Judges in high-profile cases. ‘Trial by media’ is a common phrase these days.
13
Chancellor Professor of Law & Director, Courtroom 21, William & Mary Law School, USA
14
Victoria Evidence(Audio Visual & Auidio linking)Act,1997 inserting section 42G.

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Relation of IT and Insurance in managing Legal Services in India”.
By Syed Kamran RAzvi
Unlike the dilemma in renewable or Clean technologies, Communications and
IT has been able to jump straight form the West to the Developing countries, not to
discount the factors contributing.
To draw a small parallel in India, without actually amendments to the
Evidence and Procedural Laws one finds examples and illustrations as below :
Video conferencing for Judicial remand is being used on experimentation basis
in Kanpur and Hyderabad. The use of video tape in prosecution of Terrorists and the
Call details from mobile phones is already admitted in evidence. Under the Gambling
Act all such IT equipment and phones are to be destroyed. This is one of the likely
amendments in the Criminal Procedural code and Evidence Act, which still holds
audio visual evidence as secondary evidence. Although all cases of CBI under the
Prevention of Corruption Act,1988 are based on audio-tapes. Thus the audio forensic
and transcript are important to hold the accused person guilty.
In my own professional experience the courts are not averse to video
conferencing in the Civil trials in India.

Courtroom 2115:
From level one technology and information kiosks in the Court room. An
ambitious project called Courtroom 21 has been launched in 1997 to discuss the
future of the same in application and utility through out US. This might be the bench
mark for future courtrooms around the world as the US puts Legal Services as major
source of exports. Every corporate knows the advantage of NY laws and London laws
for the resolving of commercial disputes and adjudication of the same as well as the
enforcement of the same.16

The Courtroom 21 Project, a joint initiative of the William and Mary Law School and
the National Center for State Courts is now in the process of formulating an
international protocol for the experimental use of its technology to resolve an
international family child abduction case. The simulated case will be held on
Saturday, April 2, 2005, at William & Mary Law School’s McGlothlin Courtroom.

The nations of the world share a common human tragedy, children abducted by family
members from one nation to another. With spouses often at war with each other and
children sheltered by the courts of one nation while immune from judicial action in
the other, resolution of such cases often is enormously difficult. Many nations are
15
In USA.
16
Take Dhabol Power Project where Enron invoking of Central Government Counter-guarantees, the
Power-agreement fixed Arbitration, London as venue.

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Relation of IT and Insurance in managing Legal Services in India”.
By Syed Kamran RAzvi
signatories to the Hague Convention on the Civil Aspects of International Child
Abduction, but the convention can only urge efforts at cooperative resolution. In the
absence of a supranational court with jurisdiction over all parties, there is no easy
solution to this human dilemma. The Courtroom 21 Project of the College of William
& Mary School of Law believes, however, that modern technology may be able to
help resolve at least some of these cases. 17

State of IT in Indian Courts:

Considering the mammoth size of our population and area, Justice at door-step was
aimed to be achieved, by one more aid i.e. Technology. Thus Courtnic was born. NIC
nodal agency for development of Central government office automation and
Networking has been providing consultancy and development of the same. Initially
the High Courts were networked with Supreme Court like display boards and then the
causelist18 for the courts were put on the net.
It started only seven years ago. Yet it has picked up at the State capital levels.
In Delhi though the District Courts19 website and networking has been pretty good
although the same has been launched only an year ago. Its web hub is at Patiala House
Courts, and is better managed. Although it limits itself only to listing of cases before
each court and day to day orders. E-filing and other guiding tool for ordinary litigant
is still missing. It has members section which confines to the Judiciary only and not
even the government counsels or the prosecutors. It provides very sketchy details of
forms and format. In short the interactive element is badly missing.
Then still more importantly, Case Management and E-filing which is norm in
Taxation Department recently is still not introduced in Courts. There is both lack of
expertise in inter-disciplinary fields and also the lack of interaction between the three
major stakeholders in any legal system.
Interestingly there is hardly any private players working on the Courtroom technology
and its application suitable to the Indian needs and requirements. There are 250 towns
in India which are very important from the commercial angle and the need for the
legal infrastructure to put on the global economic and digital map is a must. There is
no doubt that the pace of induction of technology in courts and legal system including
legal aid is very slow and indeed dismal. Metropolis India is no indicator of growth.

17
www.courtroom21.com
18
www.causelists.nic.in.
19
www.delhidistrictcourts.nic.in

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Relation of IT and Insurance in managing Legal Services in India”.
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Take the example of the Bhopal Gas Tragedy(1984-2004): a responsive and
update legal system would have helped alleviate the sufferings of the poor citizens
who number a hundred thousand. Such class action suits prove to very helpful.
Indeed it is the biggest sign of complete lack of Corporate accountability in this
country. The Union government (now State government) which is the chief negotiator
in settlement with UCC would have no reliable data on those affected and their status
as on date.
Dow Chemicals which is successor/purchases corporation to UCC on its website20
says :
“ When the Disaster occurred, the Bhopal plant as operated by Union Carbide Indian
Limited(UCIL), a 51 percent affiliate of Union Carbide Corporation. AT that time ,
Dow had absolutely no connection with either the facility or any of the companies
linked to the incident.
But 16 years after the tragedy, on February 6, 2001 , Dow acquired Union Carbide’s
shares. Before doing so, as you might expect, the company conducted an exhaustive
assessment to ensure there was absolutely no outstanding liability in relation to
Bhopal.”
This means that the Corporations shall shoulder only limited social
responsibility for in the end the profit is the sole motivating factor. In order to curb
such tragedies there is need for legal system which when confronted with such mass
action or omission doesn’t crumble under its own administrative response.
E-filing and e-documentation like Electoral Card would have been very
effective for the victims who lived life of misery and went to their graves as neglected
by their own State in clear violation of fundamental rights as ensured in the
Constitution of India.
Take the field of Title search which is often the source of dispute and
limitation factor in Banking loans, sale and purchase or even mortgage services. If the
Municipal Corporation of Delhi opens the details of the properties and the tax arrears
and ownership transfer. So it cuts the bribe, and a Law firm or bank through e-search
and e-certification advise the client, institution or individual. Some of the concept like
Private Farming like in Rajasthan, can be facilitated by such move.
Here an interesting example is of the verification of the vehicle ownership
which was introduced by the Delhi Police in wake of the large number of stolen
20
www.bhopal.com/position.htm

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vehicles in Delhi on sale. The police charges only Rs.50 (1.07USD apprx.). Or say
some one violates the traffic rules the vehicle is traced by police through the
integrated network with Transport Department at Delhi. Although DelPol is still a
distant dream.
Similarly there is exhaustive list of applications and benefits in the legal
system which cannot be enumerated in this paper alone. It is not just the technology it
is the human will to find applications. Profit is one of the motives. Yet the government
monopoly in e-governance has severely limited the flow of ideas and implementation
of the same.
The ideal combination of public–private-Civil society participation, shall
reach results much faster than anticipated. It lends the stress on localized solutions to
those existing in the world as example to emulate.

Legal Sector :
Exporting legal services is a relatively new concept and leading in Asia are Singapore
and Hong Kong. Singapore commercial code may not have been very acceptable but
its legal system has been acceptable to all major corporations:

An example common legal framework:

Singapore comes to India on account of its familiarity to the British law. Indian firms
having exposure to these laws draw commonality and natural ease.
Therefore, when CDIC a quasi government regulator for Indian Construction
Industry went to SIAC21, Singapore for providing consultancy in establishing the
modern Arbitration Centers for the Indian Construction industry which has disputes to
tune of 115 Mn USD22 stuck in various courts and arbitration centres. Singapore
which accredits its arbitrators through specialized course designed by the National
University of Singapore, will be providing the staff and training.

Another initiative is by US which hopes that after GATS, comes into effect, it
will be able to export its legal services. Indeed US Secretary of State Mr.Colin Powell
on his last visit before presidential elections to Indian stated that this may be very
important export of services. Some of the major US law firms are already in Indian

21
www.siac.org.sg
22
Far Eastern Economic Review, October 14,2004

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legal market through Indian partnerships even to the extent of common board in shape
of LLCs.23

Law Firms and Technology

The development of the technology for Law Firms is still remote except for
the in-house applications and maintaining of the client Data Base. It is still rare for
Indian Law Firms to have their clients have an access to their case status and files as
is the practice in most developed nations. Indeed there is little doubt that until and
unless there is application of interactive technology in the Courts, the users and
intended beneficiaries would not apply such interactive face of technology.24
Indeed Wi-Fi25 holds very promising future for such interactive platforms and
software. It is time saving and cost effective for Lawyers to work through mobile
offices when not in their office locations. It benefits clients in terms of quality of
service.

Legal Expense Insurance and Professional indemnity Insurance:

In the world of Trade arrangements and often weird myriad of legal arrangements by
its fiction, it is very difficult to presume that the change will not happen or occur in an
open society. Globalization as it is termed is growing much faster and assimilation is
at its best for the open and those waiting for the opportunity and timing of the same.

Two tailor made Insurance products for the Legal sector are very important. They
address two issues that of quality of service and also serving the cost of service.
While professional indemnity insurance is must in major legal systems like the
concept of continuing legal education. In India Bar Associations and Bar Councils are
still wary of the concept. It is not the will sometimes it is the circumstances which
make the acceptability of the idea and concept higher or plausible.

23
Limited liability Corporations (for professional firms like partnership in US)
24
An initiative is being launched at Delhi Courts for Court recording system by Civil society headed by
author and also for development of curriculum in Law Schools through India. Amity Law School was
first to respond.
25
‘Starbuck’s culture’ is very advantageous to the fixed broad-band or mobile internet services. An
interesting service is provided to US Attorneys by www.courtroomconnect.com

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Relation of IT and Insurance in managing Legal Services in India”.
By Syed Kamran RAzvi
A related aspect on the quality and better management of legal services in
India where the Insurance industry can develop a tailor made product in terms of legal
expenses insurance.
Legal Expenses Insurance26 is like a medical claim policy. When one needs the
legal assistance he has the cover for which he has been paying the premium monthly
or yearly. This premium can vary form region to region and amount of your legal
action possibility on both count Plaintiff or defendant.
Interestingly India can be a very big market but the Insurance companies have
shied away because of the unregulated and somewhat disorganized legal sector.
However it continues to be dilemma and ironical as well that while the Indian
citizens have choice to have the legal cover while traveling abroad to prescribed limits
which by average standards are pretty high. In India TATA-AIG provides in its Travel
Insurance package.
Some other insurance companies also have inbuilt legal cover for those
citizens traveling Abroad.
This policy covers the hiring of Attorney, cost of litigation and even damages
which may be awarded against the insured person.
Thus there is room for innovation and ability to take risk. However the
Insurance market itself is emerging from its traditional model and thus will take some
more time to realize the potential in developing more and more products which are
sector specific.

Contd./-

CONCLUSION:

It is unusual since Industrial revolution that Technology and new financial

concepts have challenged not only legal thinking but the way we implement the law
and run our Judicial and legal system for the purpose of application. People are
already working of virtual court rooms and virtual law firm, latter is already a reality.
However the intrinsic and indispensable human element in dispensation and
achievement of Justice will hold key to the way legal system adopts to these twin
26
It has many models like in US,UK, Canada, Australia.

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challenges. Thus in terms of management of Services sector the legal services are an
integral part in the global world. At the same time legal services are Services unto
themselves in term of its Trade value also.

Syed Kamran Razvi

Flat No.7,137B/12, Zakir Nagar, New Delhi-25. tel :9810078799 ®9312655151
E-mail : [email protected]

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SCHEDULE ‘A’

HEIRARCHY OF INDIAN COURTS:

SUPREME COURT OF INDIA

Sits in Division Benches only

HIGH COURT OF STATES SOME TRIBUNALS

(Appellate, Extraordinary, Ordinary, Designated Courts, Regulatory
Company Jurisdiction exercisable Authorities/Securities Commissions,
within the territorial limits of the Boards, NHRC,etc.
said STATE)
1.Sometimes two or more States
has common High Court or Benches in
various parts of a State.
2.They sit in Single and Division Benches.
3.They are the inspecting Judges on District Judges

Jurisdiction Division at District Courts27

Criminal Courts(under CrPC) Civil Court(under CPC)

Each District has District and Sessions Judge (Delhi is one Judicial Distt.)
Session Judges (Offences punishable District Judge Court
by more than three years barring (Appellate and Original Trial of
exception), Appellate and Revision Suits on Pecuniary jurisdiction,
Designated Courts and Bail u/s 438CrPC. Family Courts and Arbitration Act
objections and execution, etc.)
Metropolitan magistrate/Judicial Magistrates/ Civil Judges Court/Small Causes
Executive Magistrates/Revenue Magistrate Court( Arbitration Act objection
(exercising preventive law on reference and execution of Award)
from local Police)

27
At some places the same court acts as Criminal and Civil Courts.

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i
Act 57 of 1960 repealed 258 statutes vide this Act called British Statutes(Application to India) Repeal Act,1960
ii
National Judicial Academy, Bhopal, MP hosted a conference on Technology and Courts where many of the issues were
discussed to focus on available options and need to develop options suitable to Indian conditions,
iii
IBM which invented the main platform for PC which became international standard sold the loss making unit to
Chinese company for 1.2Bn USD. While Mac continues to carry on, new success players like Dell are surviving making
PC.
iv
Legal Aid, Poverty Law Centres and legal clinics in the universities across the globe have become popular.
v
Indian example of Harsad Mehta and Ketan Mehata and many others have seriously affected the companies whose
shares were attached for more than 10 to 14 years. On the other hand Nick Leeson’s trial is a contrast although many of
the small investors did suffer for a short while.
vi
Many of the laws that govern corporations are designed to make it possible for them to externalize their costs. These
Laws vary tremendously from state to state and country to country. The tendency for states to try to outdo each other in
accommodating business has been called a “race to the bottom” competition because of the way that the states compete
for corporate chartering business through increasingly diluted provisions for oversight. Easterbrook and Fischel, “ The
Corporate Contract” pp.1417-18.