2.25.1 Under the First Schedule of the Constitution of India, the territories comprised in the province of United Provinces, before the commencement of the Constitution came to be known as the State of United Provinces.

2.25.2 Under the States Reorganisation Act, 1956, the State of United Provinces came to be known as "Uttar Pradesh".

2.25.3 By Clause (b) of Sub-section (i) of Section 3 of Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 certain territories were integrated into the State of Uttar Pradesh.

2.25.4 According to the "Artha-Shastra" of Kautilya, who is generally recognised as the Prime Minister of the First Maurya Emperor (322-298 B.C.), the realm was divided into administrative units called Sthaniya, Dronkamukha, Kharvatika and Sangrahana (the ancient equivalents of the modern districts, tehsils and parganas). Sthaniya was a fortress established in the centre of eight hundred villages, a Dronmukha in the midst of 400 villages, a Kharvatika in the midst of 200 villages and a Sangrahana in the centre of ten villages. Law courts were established in each Sangrahana, and also at the meeting places of districts (Janapada sandhishu). The Court consisted of three jurists (Dhramastha) and three ministers (Amatya).

2.25.5 This suggests the existence of circuit courts, for it is hardly likely that three ministers were permanently posted in each district of the realm.

2.25.6 The great jurists, Manu, Yajnavalkya, Katyayana, Brihaspati and others, and in later times commentators like Vachaspati Misra and others, described in detail the judicial system and legal procedure which prevailed in India from ancient times till the close of the Middle Ages.

2.25.7 According to "Brihaspati Smirti", there was a hierarchy of courts in Ancient India beginning with the family Courts and ending with the King. The lowest was the family arbitrator. The next higher court was that of the judge; the next of the Chief Justice who was called Prasdvivaka, or adhyaksha; and at the top was the King's Court.

2.25.8 The jurisdiction of each was determined by the importance of the dispute, the minor dispute being decided by the lowest court and the most important by the King. The decision of each higher Court superseded that of the Court below.

2.25.9 According to Vachaspati Misra, "The binding effect of the decisions of these tribunals, ending with that of the King, is in the ascending order, and each following decision shall prevail against the preceding one because of the higher degree of learning and knowledges".

2.25.10 It is noteworthy that the Indian judiciary today also consists of a hierarchy of courts organised on a similar principle - the village courts, the Munsiff, the Civil Judge, the District Judge, the High Court, and finally the Supreme Court which takes the place of the King's Court. We are following an ancient tradition without being conscious of it.

2.25.11 The institution of family judges is noteworthy. The unit of society was the joint family which might consist of four generations. Consequently, the number of the members of a joint family at any given time could be very large and it was necessary to settle their disputes with firmness combined with sympathy and tact. It was also desirable that disputes should be decided in the first instance by an Arbitrator within the family. Modern Japan has a somewhat similar system of family courts. The significance of the family court is that the judicial system had its roots in the social system which explains its success.

2.25.12 An important feature of the judicial system of ancient India were the Special Courts of criminal jurisdiction called the Kantaka Sodhana Courts. The "Artha Shastra" says - "Three Commissioners (Pradeshtarah) or three ministers shall deal with measures to suppress disturbance to peace (Kantaka sodhanam kuryuh). According to the Artha Shastra these courts took cognizance not only of offences against the States but also violations of the law by officials in the discharge of their official duties. Thus if traders used false weights or sold adulterated goods, or charged excessive prices, if the labourer in the factory was given less than a fair wage or did not do his work properly, the Kantaka sodhana courts intervened to punish the culprits. Officers charged with misconduct, persons accused of theft, dacoity and sexual offences had to appear before the same Court. These Courts had all the characteristics of administrative courts. The existence of an Administrative Code is indicated in the Fourth Part of the Artha Shastra.

2.25.13 After the disintegration of the Harsha empire a veil of obscurity descends on the history of India which does not lift till the Muslim invasion. The country was divided once more into small kingdoms. But this did not result in any great change in the judicial system which had taken roots during the preceding thousands of years. The standards and ideals of justice were maintained in each kingdom, inspite of political divisions, the unity of civilisation was preserved, and the fundamental principles of law and procedure were applied throughout the country. This is indicated by the fact that the great commentaries on law like Mitakshara and Shukarneeti Sar were written during this period which enjoyed all India authority. But the establishment of the Muslim role in India opened a new chapter in our judicial history. The Muslim conquerors brought with them a new religion, a new civilisation, and a new social system. This could not but have a profound effect on the judicial system.

2.25.14 The ideal of justice under Islam was one of the highest in the Middle ages. The prophet himself set the standards. He said in the Quran :- "Justice is the balance of God upon earth in which things when weighed are not by a particle less or more. He is further reported to have said that to God, a moment spent in the dispensation of justice is better than the devotion of the man who keeps fast every day and says prayer every night for 60 years".

2.25.15 Thus the administration of justice was regarded by the Muslim Kings as religious duty.

2.25.16 This high tradition reached its zenith under the first four Caliphs. The first Qazi was appointed by the Caliph Umar who enunciated the principle that the law was supreme and that the judge must never be subservient to the ruler. It is reported of him that he had once a personal law suit against a Jewish subject and both of them appeared before the Qazi who on seeing the Caliph rose in his seat out of deference. Umar considered this to be such an unpardonable weaknesss on his part that he dismissed him from office. "The Muslim kings in India brought with them these high ideals. It is reported by Badaoni that during the reign of Sultan Muhammad Tughlaq the Qazi dismissed a libel suit filed by the King himself against Shaikhzada Jami, but no harm was done to him. (This however did not prevent the Sultan from executing the defendant without a trial). Individual Sultans had very high ideals of justice. According to Barani, Balban regarded justice as the keystone of sovereignty, wherein lay the strength of the sovereign to wipe out the oppression". But, unfortunately the administration of justice under the Sultans worked fitfully. The reason was that the outstanding feature of the entire Sultanate period was confusion and chaos. No Sultan felt secure for a long time. One dynasty was replaced by another within a comparatively short period and the manner of replacement was violent. Consequently the quality of justice depended very much on the personality of the sovereign.

2.25.17 Under the Moghal Empire the country had an efficient system of government, with the result that the system of justice took shape. The unit of judicial administration was the Qazi - an office which was borrowed from the Caliphate. Every provincial capital had its Qazi and at the head of the judicial administration was the Supreme Qazi of the empire (Qazi ulquzat). Moreover, every town and every village which large enough to be classed as a Qasba had its own Qazi. In theory, a Qazi had to be "a Muslim Scholar of blameless life, thoroughly Conversant with the prescriptions of the sacred law".

2.25.18 The Emperor was the fountain souce of justice. He held his court of justice every Wednesday and decided a few cases selected personally by him but he functioned not as an original court but as the court of highest appeal. There is overwhelming evidence that all the Emperors from Akbar to Aurangzeb took their judicial function seriously and discharged their duties. Jahangir made a great show of it and his Golden Chain had become famous in history.

2.25.19 After the death of Aurangzeb, the Mughal Empire collapsed within two generations. The provincial Governors and Faujdars arrogated to themselves the status of sovereigns and awarded punishment for criminal offences in their own names. A relic of this usurpation of the Emperor's power is the name Faujdari given to criminal trials even today.

2.25.20 After the conquest of Bengal by the British the process of replacement of the Mughal system of justice by the British began, but it took a long time. In fact, the Sadar Diwani Adalat continued to function till it was replaced by the High Courts.

2.25.21 The Mughal judicial system had left its imprint on the present system, and a good part of our legal terminology is borrowed from it. Our civil courts of first instance are called Munsiffs. The plaintiff and the defendant are termed Muddai and Muddaliya and score of other legal terms remind us of the great days of the Mughal Empire.

2.25.22 Parts of the territories, now comprised in the State of Uttar Pradesh were known as Regulation provinces, because they were administered by Regulations made by the Governor-General under the Charter Acts of British Parliament. The other parts, e.g., Oudh, were non-Regulation territories because they were administered not by Regulations but by the executive orders of the Governor-General. The Judicial system, therefore, originally differed, in its character, in the two parts. This accounts for the existence, formerly, of two judicial services in this State, one in Oudh and the other in the rest of the State, though they are now amalgamated.

2.25.23 Early in the Company's career, in 1618, Sir Thomas Roe, the ambassador of King James I, had, by treaty with the then Mughal Emperor, secured, for the Factory at Surat, the privilege, giving a power to the Company to decide disputes between the Europeans only. As already pointed out, the Tribunals established by the Company for the administration of justice between Europeans usurped jurisdiction to try cases between Indians settled within the fortifications also.

2.25.24 By the Charter of 1726 granted by George I, the Crown established Municipalities and Mayor's Courts at Madras, Bombay and Fort William, each consisting of a Mayor and nine Alderman, seven of whom, with the Mayor, were required to be natural-born British subjects. This was the first type of courts established by the British Crown. They were empowered to try, hear and determine all Civil suits, actions and pleas between the parties. By the same Charter, the Governor and Council of each of the three towns were constituted Government Court of Record, to which appeals from the decisions of the Mayor's Court might be made, in cases involving sums under 1,000 pagodas; a pagoda was then equal to about 8 shillings. The decision of the Government Court was final, but, if the sum involved was 1,000 pagodas or more, an appeal lay from the Government Court to the King-in-Council.

2.25.25 By the same Charter, the Governor and five of the Members of Council of each town were appointed Justices of the Peace and were constituted a criminal court with powers to try and punish all offences, except high treasons, with the aid of Grand and petty juries in the same manner as the Commissioners of Oyer and 'Terminer and Goal Delivery' did in England.

2.25.26 George I's Charter of 1726 was renewed by another Charter, granted to the Company in 1753 by George II, which continued the Mayor's Courts, with certain amendments intended to remedy defects of which the Company had complained against. The new Charter also established a Court of Quarter Sessions for trying criminal cases, and also a small cause court to be called a Court of request, in each of the three Presidency towns, for the determination of suits "where the debt, duty or matter in dispute did not exceed five pagodas". All these Courts were made subject to the control of the Court of Directors, who were authorised by the Charter to make bye-laws, rules and ordinances for the good government and regulation of the several courts of judicature established in India.

2.25.27 The Chief alteration effected by the new Charter was that the Courts, which they established, were limited in their Civil jurisdiction to suits between parties who were not "Natives" of the several towns to which the jurisdiction applied. Suits between 'natives' were directed not to be entertained by the Mayor's Courts unless by consent of the parties. They were all Courts of His Majesty, the King of England and brought in the Common Law of England. But their jurisdiction was limited within the Company's fortification. Outside these fortifications, the Qazis and Muftis continued to adminsiter justice, under the Mughal rule, in criminal matters according to Mohammadan Law and in Civil matters according to personal law.

2.25.28 The territories now comprised in the State of Uttar Pradesh came under the authority of the Company by stages. Hence the judicial system in these territories underwent change by stages. William Crooks, in his book 'N.-W.P. of India" (1897), summarises, at pages 122 and 123, the stages by which the various parts of this State came under the authority of the Company.

2.25.29 Up to 1835, the territories, now comprised in Uttar Pradesh, except Oudh, formed part of Bengal Presidency and were governed by the Governor-General as part thereof. The judicial system introduced in Bengal extended to this State as and when the various parts of the territory of this State came under the jurisdiction of the Company.

2.25.30 Lord Clive landed in India for the last time in 1765. He decided to avail himself of the sovereignty of the Mughals. He proceeded to obtain the grant of the Diwani, the power of collection of revenue, from the Mughal Emperor and succeeded in this by obtaining the Farman dated the 12th August, 1765, granted by King Shah Alam. The collection of revenue in India involved than the whole administration of civil justice. The Nizamat or the administration of criminal justice was for the time being left with the Mughal's Lieutenant, the "Nabob" of Murshidabad. The administration, for the most part, of the revenues, and still more of civil justice, was conducted through 'native' agency till the 11th May, 1772, when the Company, by its proclamation of the same date, 'stood' forth as 'Dewan' and assumed the direct charge of the collection of revenue and administration of justice through its own servants.

2.25.31 In the same year Warran Hastings became the Governor of Bengal. He established under the Judicial Regulations passed on August 21, 1772, Mofussil Diwani Adalats presided over by the Collectors of revenue in each district. These courts took cognizance of all disputes, real and personal, all causes of inheritance marriage and caste, and all claims of debts, contracts and demand of rent. The questions of succession to the Zamindari and Taluqdari property were, however, not submitted to these courts but were reserved for the decision of the Governor-in-Council. A court of criminal jurisdiction, called the Faujdari Adalat, was also established in each district under the same Regulations. In it, a Qazi and a Mufti, with the assistance of two Moulvies appointed to expound the Mohammadan Law, sat to hold trial of all criminal offences. The English Collectors of Revenue were directed to superintend the proceedings of these courts. Under the same Regulations, the Sadar Diwani Adalat and Sadar Nizamat Adalat, were established and they heard appeals from the Civil and the Criminal Courts, respectively.

2.25.33 In 1793, Cornwallis completely reorganized the Mofussil Courts. The Governor-General-in-Council passed in that year a large number of regulations establishing Courts of Zillah and City Magistrates for trying petty offences, and four Courts of Circuit in the Presidency of Bengal under the Superintendence of English Judges assisted by Indians versed in Mohammadan Law for trying in the first instance, persons charged with crimes or misdemeanours, and enabling the Governor-General-in-Council to be in the Sadar Nizamat Adalat and superintend the administration of Criminal Justice throughout the Presidency. For the hearing of civil actions, Courts of Zillah and City Judges were created. Four Provincial Courts of Appeal were established within the province of Bengal, Bihar and Orissa for the purpose of hearing civil appeals from the several Zillah and City Courts; the Sadar Diwani Adalat at Calcutta being vested with appellate jurisdiction and general power of supervision over the inferior courts in all suits of a value above Rs.1,000/-. Below the City and Zillah Courts, there were two classes of inferior Judges. "First in order, the Registrars of those courts who, when authorised by the Judges, were empowered to try and decide causes of the value not exceeding Rs.200/-; their decrees not being valid until revised and countersigned by the Judge. The next and lower grade of Judges were the Native Commissioners who were empowered, by Regulation XL of 1793, to hear and decide civil suits for sums of money or personal property of value not exceeding 50 Sicca rupees. Of these officers the head Commissioners were called Sadar Ameens and the rest were called Moonsiffs".

2.25.34 Diwani and Faujdari Adalats on the Bengal pattern were established in Benares in 1795, and in the Ceded and Conquered provinces, i.e., the rest of the present Uttar Pradesh, except Oudh, in 1803-1805. At the same time, two provincial Courts of Appeal and Courts of Circuit were also established, one at Benares and the other at Bareilly; and the jurisdiction of the Sadar Adalats at Calcutta was extended, by various Regulations, upto these places. It was in 1832, that a separate Sadar Diwani and Nizamat Adalat was established by Regulation VI of 1831, for the North-Western Provinces (the present U.P., except Oudh), with similar powers at those possessed by the Sadar Courts at Calcutta.

2.25.35 This is the general outline of the system which was established for the administration of civil and criminal justice. The year 1793 marks the era of judicial independence. The Government endeavoured to separate their judicial and executive functions and to render the officers who performed the latter functions amenable to the authority of those who exercised the former. The Courts so established lasted for a considerable time, nearly eighty years, but because of the process of occasional extension and repeal, the statutory provisions which created them are enveloped in some obscurity.

2.25.36 Regulation V of 1831 made some important alterations. The object was recited in the preamble to be the gradual introduction of respectable Native into the more important trusts connected with the administration of the country. Munsiffs were invested with power to try and determine suits for money and other personal property of the value of Rs.300/- and suits with regard to land of the value of Rs.300/- except such land as was exempt from the payment of revenue. The Judges were empowered to refer to the Sudder Ameens any suit the value of which did not exceed Rs.1,000/-. A new office, that of Principal Sadar Ameen, was created to whom suits of value not exceeding Rs.5,000/- might be referred. Registrar's Courts were abolished; Provincial Courts of Appeal were gradually superseded, and in two years, finally abolished, and original jurisdiction was given to the Judges in all suits exceeding in value Rs.5,000/- with an appeal direct to the Sadar Dewani Adalat.

2.25.37 In the period which intervened between 1793 and 1831, the relations of the Collectors to the Civil Courts underwent considerable alterations.

2.25.38 With regard to the Civil Courts throughout the Presidency of Bengal, the course of legislation had introduced considerable confusion as to the precise functions of some of the Judges. The original legislation on the subject was contained in the Regulations of 1793, the provisions of which had been extended in 1795, 1803 and 1804 to Benares and the Ceded and Conquered provinces, respectively.

2.25.39 The Adalat system intself remained in some obscurity, as far as the legislation on which it rested was concerned, till a very recent period. In order to ascertain the constitution and the jurisdiction of the Civil Courts at any time before 1871, it is necessary to trace out and piece together various bits of legislation which were distributed over no less than thirteen different enactments.

2.25.40 It was in 1868, that the old designations of various Judges in the Presidency of Bengal, including the North-Western Provinces, were altered. By Act XVI of 1868, the office of Sadar Ameen was abolished, and Principal Sadar Ameens were designated 'Subordinate Judges'. Three years later, the Bengal Civil Courts Act, VI of 1871, which repealed all the previous Acts and Regulations relating to the constitution of Civil Courts in the Presidency of Bengal, provided for the appointment of 'District Judges, Additional Judges, Sub-ordinate Judges and Munsiffs'. Ultimately came the present Bengal Agra, and Assam Civil Courts Act, XII of 1887, which also provided for the same four classes of Civil Courts in the aforesaid provinces.

2.25.41 The Courts established by the British Crown and Parliament, for the most part, applied English law, both civil and criminal; exceptions being-made in favour of Hindus and Mohammadans. In suits against parties belonging to either of these religions, by whomsoever, instituted, whether by Europeans or Indians, the law applicable to the defendant prevailed. The proceedings of the Courts were governed by the English law of procedure. Until at least 1834, they, for the most part, were amenable only to the Legislative authority of Parliament and to such Regulations of Government as the Supreme Court might choose to acknowledge and register.

2.25.42 The Mofussil Courts, on the other hand, had nothing to do with English law, but were amenable, in all respects, to the Regulations of Government, and, when Hindu or Mohammadan Law did not apply, or when no Regulations were applicable, were directed to proceed according to justice, equity and good conscience.

2.25.43 Oudh was annexed in 1856, to which the judicial Regulations of Bengal did not apply. Like all other non-regulation provinces, it also remained a non-regulation territory and the judicial system in Oudh followed the pattern of other non-regulation territories and was different from that of the N.W. Provinces.

2.25.44 Various grades of Courts were established in Oudh, by Act XIV of 1865, similar of those provided for the Central Provinces under the same Act. But, as this Act was framed chiefly with reference to the Central Provinces, it was found incomplete and inconvenient as regards Oudh. Accordingly, in 1871, the Oudh Civil Courts' Act was passed, which applied to all civil courts in Oudh. It reconstituted, almost on the same model as that of the 1865 Act, five grades of Courts, viz., those of (1) the Tahsildar; (2) The Assistant or Extra Assistant Commissioner; (3) the Deputy Commissioner or the Civil Judge of Lucknow; (4) the Commissioner, and (5) the Judicial Commissioner. The Governor-General-in-council was empowered to fix, and from time to time to vary, the number of Courts of each grade. The general control over all the courts of the first and second grades in any District vested in the Deputy Commissioner, and the control over the courts of the first three grades, in any division, vested in the Commissioner, subject to the superintendence of the Judicial Commissioner. The Court of the Deputy Commissioner was the Principal Civil Court of Original jurisdiction in any district and he could direct the business in the Courts of the first and second grades to be distributed among such courts as he thought fit, having regards to the limits of their jurisdiction. He entertained appeals from those courts except when the amount in dispute exceeded Rs.1,000 in which case the appeal lay to the Commissioner. Appeals lay also from the Deputy Commissioner to the Commissioner and from the latter to the Judicial Commissioner, who was empowered to refer cases, in which he entertained any doubt, to the High Court of the North-Western Provinces, which latter Tribunal was directed to deal with the case so referred as if it were an appeal instituted in that very court.

2.25.45 Civil Courts, on the lines of those in the N.W. Provinces, were established in Oudh by Act XIII of 1879, which Act, as amended by Act XVI of 1891, established the following grades of Civil Courts in Oudh; namely, (1) the Court of the Judicial Commissioner; (2) the Court of the District Judge; (3) the Court of the Subordinate Judge, and (4) the Court of the Munsiff. The Oudh Courts Act IV of 1925, created another Court in Oudh, namely, that of the Additional Judge and also altered the designation of the 'Subordinate Judge' to 'Civil Judge'. This alteration of designation took place in the erstwhile provinces of Agra in 1936. Under the same Act, the Court of the Judicial Commissioner of Oudh was replaced by a Chief Court, which was ultimately amalgamated with the Allahabad High Court in 1948. The Bengal, Agra and Assam Civil Courts Act 1887, was extended to Oudh in 1956 by U.P. Act No.II of that year; and thereupon all the Civil Courts of Oudh, constituted and the powers conferred thereon, by the Oudh Court Act, 1925, were deemed to have been respectively constituted and conferred under the provisions of the Act of 1887.

2.25.46 United provinces consisted of Allahabad, Uttar Kashi, Rae-Bareli, Fatehpur, Farrukhabad, Faizabad, Almora, Jhansi, Pratapgarh, Kanpur and Sultanpur with independent judicial system.

2.24.47 In Allahabad, the judicial administration of the East India Company was introduced in 1801 when the district was ceded to the British by the Nawab Vizir of Avadh. A Judge-Magistrate was appointed in the district to decide civil suits as Judge and Criminal Cases as Magistrate. An Assistant called Register later termed as Registrar was appointed to assist the Judge-Magistrate. Cases not exceeding Rs.200/- in value referred to the Registrar for decision. Some Indian Judicial Officers such as Sadar Amins and Munsiffs were also appointed to assist the Judge.

2.25.48 In 1803, a Court of Appeal and Circuit was established for the ceded territory with headquarter at Allahabad. Appeals against the orders of the Judge-Magistrate of Allahabad would lie to the said Court of Appeal. This Court was under the jurisdiction of the Sadar Diwani Adalat (Civil Court) and Sadar Nizamat Adalat (Criminal Court) at Fort-William. This Court was abolished in 1829. The Revenue Commissioners were made Circuit Judges under the supervision of the Sadar Nizamat Adalat.

2.25.49 By 1827, the Munsiffs had jurisdiction to decide suits of the value not exceeding Rs.150/- and Sadar Amins had powers to decide suits of the value not exceeding Rs.1,000/-.

2.25.50 In 1831, an independent Sadar Diwani Adalat (Civil Court) and Sadar Nizamat Adalat (Criminal Court) were extablished in Allahabad with provision to decide appeals against the decisions of the Judge-Magistrate. He was invested with full powers to try Sessions cases.

2.25.51 A new post of Principal Sadar Amin with powers to decide suits upto the value of Rs.5,000/- was established. Appeals against his decision would lie to the English Judges. Under Regulation II of 1833, the Court of Appeals and Circuit was aboloshed and all the pending cases were referred to the Sadar Diwani Adalat of the District.

2.25.52 In 1843, the Sadar Diwani and Sadar Nizamat Adalats were transferred to Agra and a general code of justice was enacted and adopted in 1859.

2.25.53 In 1866, the Sadar Diwani and Sadar Nizamat Adalats were abolished. On March 17, 1866, a separate High Ccourt of Judicature was constituted for the North-Western provinces in accordance with the Indian High Courts Act, 1861. This Court sat at Agra from 1866 to 1868 and was shifted to Allahabad in 1869.

2.25.54 The Head of the Civil and Criminal judiciary in the district was the District and Sessions Judge. Under him, there were 3 temporary Civil and Sessions Judges, a Judge of the Small Causes Court, a Civil Judge, 2 Munsiffs and 4 Additional Munsiffs. The District Judge had over-all administrative control over the civil judiciary in the District. He had Appellate Jurisdiction against the decisions of Munsiffs in Civil cases and in respect of the suits upto the valuation of Rs.10,000/- decided by the Civil Judges. The territorial jurisdiction of the Civil Judge extended the whole of the district. He had pecuniary jurisdiction to decide civil suits exceeding Rs.5,000/- in value and to hear appeals against the orders of the Munsiffs. The Judge of the Small Causes Court had territorial jurisdiction over the whole of the district and he exercised powers similar to those of the Civil Judge. He had pecuniary jurisdiction to decide small cause suits upto the value of Rs.1,000/-.

2.25.55 The Munsiff had jurisdiction to decide property suits of the value not exceeding Rs.5,000/-. The scheme of the separation of judicial and executive functions was introduced in Allahabad in 1960.

2.25.56 In 1803, the Ghurkhas occupied the territory of Garhwal. Uttarakashi district was part of Garhwal. The Ghurkhas introduced their own way of administering justice. Civil and Criminal cases were disposed by the Commandant of the troops to whom the tract was assigned or by his deputies in the absence of the Commandant. A brief oral examination of the parties was conducted in court. If there was doubt about the veracity of the statement, the witness was made to swear by the Harivamsha Purana, a Sacred Book of the Hindus. Punishment was inflicted by ordeals.

2.25.57 In 1815, when the British annexed this region, Garhwal was divided into Eastern Garhwal and Western Garhwal. Eastern Garhwal was placed directly under the British Rule and Western Garhwal formed the State of Tehri Garhwal which was made over to Sudarshan Sah.

2.25.58 The Raja who had absolute powers within his State often delegated them to his officers, but the sentence of death could be passed by him alone. Crime was rare and usually not serious. Appeals would lie in all cases to the Raja who frequently transferred them to the Vizir who was invested with executive authority and had powers of First Class Magistrate.

2.25.59 After the merger of the State in the Indian Union in 1949, there were two deputy collectors in Uttarkashi region, posted at Rajgarhi and Uttarkashi exercising Civil, Criminal and Revenue powers. Appeals against their orders would lie to the Court of Civil and Sessions Judge, Tehri.

2.25.60 In about the year 1900, the district was in the charge of a District Judge with civil jurisdiction. He was assisted by a Civil Judge usually called the Subordinate Judge. On the Criminal Side, he exercised the powers of an Assistant Sessions Judge. There were two Munsiffs. Appeals against the judgments of the Munsiffs would lie to the Subordinate Judge.

2.25.61 The Magistracy in the district consisted of three Magistrates of the First Class and one Magistrate of the Second Class. The Deputy Commissioner was the District Magistrate. In addition, there were four Tahsildars exercising Magisterial powers of the Third Class within their Tahsils. There was also a bench of three Honorary Magistrates at Rae Bareli exercising Second Class Magisterial powers in the town.

2.25.62 In 1904, there were five Honorary Magistrates with jurisdiction in the areas outside the Rae Bareli Municipality. The district judiciary was then subordinate to the Avadh Chief Court with High Court at Allahabad. The district fell under the concurrent jurisdiction of the High Court at Allahabad and its bench at Lucknow.

2.25.63 At present, the permanent Civil Courts in the district are those of the District and Sessions Judge, the Civil and Assistant Sessions Judge and the Munsiffs, Rae Bareli. The Court of the District and Sessions Judge is the highest Court in the district. The District Judge had unlimited original civil jurisdiction.

2.25.64 Chief Criminal Court of the district is the District and Sessions Judge. In sessions trials, he is assisted by the Assistant Sessions Judge who is empowered to inflict a sentence of imprisonment upto 10 years.

2.25.65 The Munsiff, Rae Bareli has also exercised the magisterial powers of the First Class.

2.25.66 The administration of justice during the Mauryan period was under Dharma Sutra and Arthasastra, code of State Law on the one hand and that of Manu's code on the other. Mutilation and torture were some of the invariable punishments for various crimes including some petty offences like theft. Besides the scriptures, contracts, customs and the royal ordinances were also sources of law. The Judges were usually appointed from the priestly class and were beyond and above the Royal fiat in the performance of their duties.

2.25.67 Before the introduction of a uniform Criminal Code under the British Government, the Mohammadan Law of Crimes was enforced like in other parts of the country. The Qazi administered Islamic Law in criminal matters. The personal law was applicable in civil cases.

2.25.68 The introduction of the Indian Penal Code and the Criminal Procedure Code in the second half of the nineteenth century brought about a world of change in both substantive law and procedural matters concerning the administration of justice.

2.25.69 In the pre-independence period, the Judicial Courts in the district consisted of a permanent Court of Civil and Sessions Judge and a permanent Court of Munsiff. Several temporary courts were created from time to time. These courts were subordinate to the Court of the District Judge at Kanpur.

2.25.70 It is a part of Avadh. During the period of Asaf-id-daula, the judicial history of Faizabad centred on the Nazims of Sultanpur. Chakledars collected revenue and each pargana was in the charge of a Faujdar who was assisted by a Dewan, a qanoongo and other Subordinate officials.

2.25.71 In 1858, the British set about the task of establishing their own system of administration in the lines which were already in force in the province. The Commissioner of the Division was the Chief of Revenue, Police and Judicial Authority. The Deputy Commissioner of the district exercised the same powers in respect of the district and was the head of the Magistracy.

2.25.72 In 1871, the Oudh Civil Courts Act was passed and the Courts were reorganised.

2.25.73 In 1879, the Civil Courts were separated from the Revenue and Criminal Courts. Regular Courts of Munsiffs, Subordinate Judges and District Judges were established.

2.25.74 The Regular Courts of the district of Faizabad were those of the District Judge, two Additional Civil and Sessions Judges, one Assistant Civil and Sessions Judge, one Civil Judge and three Munsiffs. Munsiffs had jurisdiction to decide suits upto the value of Rs.5,000/-.

2.25.75 The jurisdiction of the Civil Judge was unlimited. The District Judge acted as Sessions Judge on the Criminal Side.

2.25.76 There were two Additional Sessions Judges and a Assistant Sessions Judge. There were four Magistrates with First Class Magisterial powers each in-charge of a sub-division. There is a City Magistrate with First Class Magisterial powers.

2.25.77 Tahsildars of four tahsils exercised the powers of Second Class Magistrates in their respective tahsils. The Sub-Registrar of Tanda was also invested with Second Class Magisterial powers. The Sessions Judge had appellate powers against the judgments of the First Class Magistrates. The Assistant Sessions Judge heard appeals against the judgments of the Second Class and Third Class Magistrates.

2.25.78 The Ghurkhas who occupied this region in 1790 largely adopted the system of dispensation of justice which was prevalent under the Chand Rajas. They, however, made such modifications in the old system as were necessiated by the predominantly military basis of their rule. All Civil and Petty Criminal cases were disposed of by the Ghurkha Commandant. Important Criminal cases were decided by the Civil Governor of the Province after recording a brief oral statement of the parties. The witness was made to swear by the Harivamsha Purana. When the evidence of eye-witnesses was not available or the testimony was conflicting as in the case of boundary disputes, resort was taken to certain ordeals to ascertain the truth.

2.25.79 Judgment was recorded on the spot and handed over to the successful party. The unsuccessful party was punished with heavy fine disproportionate to his means rather than to the merits of the case. Cases relating to the disputed inheritance and commercial dealings were frequently disposed of by drawing lots before an idol in a temple or by swearing before an idol.

2.25.80 Under the Chand Rajas, death sentence was executed by hanging or beheading. But, the Ghurkhas inflicted torture in addition to capital punishment. Murder, if committed by a Brahmana earned a sentence of banishment. For all other crimes, fines were imposed and property confiscated.

2.25.81 After the British took over, the Commissioner made certain arrangements for the administration of Civil Justice. For a number of years, there was only the Commissioner's Court for the adjudication of civil claims.

2.25.82 In 1820, the practice of affixing court-fee stamp of the value of eight-anna on all the plaints was brought into force. If the plaint was not rejected summarily, a notice was handed over to the plaintiff to be served on the defendant. It was found that this practice resulted in the compromise of three-fourths of the cases.

2.25.83 The First Munsiff was appointed in Kumaun in 1829 to decide civil suits. Later, the Kanungos in the region were invested with the powers of a Munsiff. The Pandit of the Court at Almora designated as Sadar Amin was invested with civil powers.

2.25.84 In 1838, the offices were abolished and Kumaun was placed under the jurisdiction of the Sadar Diwani Adalat, Agra in civil matters. The Assam Rules with certain limitations were applied to the districts in 1839 for the administration of civil and criminal justice. Those rules remained in force till they were superseded by the Jhansi Rules which were extended to Kumaun in 1864. The Laws of Limitation and Indian Penal Code were also applied to Kumaun.

2.25.85 The Deputy Commissioner was also the District Judge for the trial of civil cases except those under the Indian Succession Act.

2.25.86 Assistant Commissioners of the First Class were invested with powers to decide all civil suits upto the value of Rs.5,000/-. Assistant Commissioners of the Second Class had jurisdiction to decide civil suits upto the value of Rs.500/- and Tahsildars were empowered to decide suits upto the value of Rs.100/-.

2.25.87 The Commissioner's Court functioned as High Court in respect of civil matters. However, the Government could refer the matter decided by the Commissioner to the High Court at Allahabad for opinion in order to arrive at a final decision.

2.25.88 From April 1926, the Courts exercising civil jurisdiction in the Kumaun division were subjected to the jurisdiction of the High Court of Judicature at Allahabad. The District Judge, Pilibhit was designated as the District Judge of Kumaun and Pilibhit. A Deputy Commissioner in the Kumaun division was invested with the powers of a Civil Judge in his district. His jurisdiction extended to all original suits cognizable by the civil court.

2.25.89 An Assistant Collector of the First Class had similar powers in respect of original suits of the value not exceeding Rs.5,000/-. An Assistant Collector of the Second Class other than the Tahsildar had jurisdiction to decide original civil suits, the value of which did not exceed Rs.500/-.

2.25.90 The Assistant Collector who was a Tahsildar had jurisdiction to decide suits cognizable by the Court of Small Causes under the provincial Small Causes Courts Act, 1887, of the value not exceeding Rs.100/-.

2.25.91 With regard to the dispensation of Criminal Justice, a Commissioner was appointed for the trial of heinous offences in Kumaun region under Regulation X of 1817. He was required to submit his report to the Sadar Nizamat Adalat for final sentence to be executed by local officers.

2.25.92 In 1838, Rules were framed for administration of justice in Criminal cases. Elaborate Rules were later enacted in the form of the Code of Criminal Procedure, 1898. The Commissioner was also invested with the powers of the Sessions Judge to try cases committed to the Court of Sessions by the Deputy Commissioner as District Magistrate and his Subordinate Magistrates. The Commissioner was also the Appellate Authority to hear and decide appeals against the decisions of the District Magistrate and his Subordinates.

2.25.93 In 1914, a new Sessions Division known as Kumaun Sessions Division consisting of Almora, Garhwal, Naini Tal and Pilibhit was created.

2.25.94 In 1930, Pilibhit district was excluded from the Kumaun Sessions Division and the Court of the District and Sessions Judge of Kumaun was established at Naini Tal. Since then, the Sessions Judge of Kumaun has been exercising jurisdiction over Almora district.

2.25.95 Under the Uttar Pradesh Panchayat Raj Act, 1947, Panchayat Adalats, now called Nyaya Panchayats were established in 1949 to decide petty local disputes.

2.25.96 In February 1952, the powers of the Civil Judge was withdrawn from the Deputy Commissioner, Almora and the Sub-Divisional Officers and the Judicial Officers were invested with the powers of the Munsiff in respect of original suits of the value not exceeding Rs.5,000/-. In July 1953 the powers exercised by the Sub-Divisional Officers and the Judicial Officers were withdrawn and the Court of Munsiff was established at Almora.

2.25.97 The Court of the Munsiff is the only court in the district; the other Civil Courts namely, the Courts of the District Judge, the Civil and Sessions Judge and the Additional Civil Judge are at Naini Tal. The Munsiff, Almora has also been empowered to dispose of the suits cognizable by the Court of Small Causes of the value not exceeding Rs.250/-.

2.25.98 After the British acquired possession of the State of Jhansi by way of escheat in 1854, Jhansi superintendency was formed by including the districts of Jhansi, Jalaun and Chanderi (Lalitpur). However, each district was separately administered by a Deputy Superintendent who was invested with the powers of the Commissioner. He had the powers of a Judge to decide civil cases. In summary suits his decisions were final. In Regular Suits, an appeal would lie to the Commissioner of the Sagar Division and further appeal to the Board of Revenue. In Criminal cases, appeals against his decisions would lie to the Sadar Nizamat Adalat at Agra. The Deputy Superintendent of Jhansi had the powers of a Collector under the control of the Superintendent of Jhansi; while the Deputy Superintendent of Chanderi had the powers of a Principal Sadar Amin and appeals against his decisions would lie to the Superintendent.

2.25.99 In 1858, the Jhansi Division consisting of Jhansi, Jalaun, Chanderi and Hamirpur districts was formed under a separate Commissioner. The designation of the Deputy Superintendent was changed to that of the Deputy Commissioner. Regulations were formally introduced to supersede the Local Rules.

2.25.100 In 1860-61, there were 14 Magistrate Courts and 15 Civil Courts in Jhansi Division.

2.25.101 Till 1862, a separate Judicial Agency known as Paragana Courts under a Principal Sadar Amin were functioning at Jhansi. In 1862, those Paragana  Courts were abolished by a resolution. Judicial and Fiscal functions at every stage of the hierarchy were vested with the officer from the rank of the Commissioner to the Tahsildar.

2.25.102 In 1866, the Sadar Diwani and Sadar Nizamat Adalats were abolished and High Court of Judicature was set up at Allahabad in accordance with the Indian High Courts' Act, 1861.

2.25.103 By the Jhansi Courts Act (Act No. XVIII of 1867), the Civil, Criminal and Revenue jurisdiction was placed in the hands of one officer. The Tahsildars of each of the four tahsils of Jhansi were given original civil jurisdiction within their territorial jurisdiction. Appeals against their decisions would lie to the officer-in-charge of the tahsil and from him to the Deputy Commissioner.

2.25.104 From that year, the Code of Criminal Procedure which came into force in 1862 and the Laws of North-Western provinces were made applicable to Jhansi for carrying on the administration with the exception of revenue and rent suits which were conducted in accordance with the old Regulations.

2.25.105 In 1873, the Court of the Commissioner of the Division started functioning at Jhansi. There were one Deputy Commissioner, an Assistant Commissioner, 3 Extra Assistant Commissioners, 4 Tahsildars, a Cantonment Magistrate and 3 Indian Honorary Magistrates. A Deputy Commissioner, an Assistant Commissioner, 2 Extra Assistant Commissioners and two Tahsildars were functioning at Lalitpur. All of them were invested with judicial powers varying in degree.

2.25.106 Under the provisions of Act XX of 1890, the Jhansi Division ceased to be a scheduled district. All the enactments in force in the Allahabad Division were extended to Jhansi and Lalitpur.

2.25.107 By the Reorganisation which took effect from April 1, 1891, the Revenue Officers were relieved of their judicial duties. Judicial staff was appointed. The Deputy Commissioner was designated as Collector. He was relieved of external powers conferred by Section 30 of Code of Criminal Procedure.

2.25.108 On December 1, 1891, the District of Lalitpur was annexed to that of Jhansi and this enlarged district became one of the regulated districts of the North-Western Provinces.

2.25.109 In 1909, the Judicial set up in Jhansi consisted of the Court of the District and Sessions Judge, the Subordinate Judge of Jhansi and the Munsiffs of Jhansi and Lalitpur as well as the Court of the Cantonment Magistrate who was invested with the powers of a Small Cause Court Judge, Courts of six Tahsildars and a bench of Honorary Magistrates with Second Class powers having jurisdiction within the Municipality of Jhansi. The District and Sessions Judge, Jhansi was assisted by a Civil and Sessions Judge, an Additional Civil Judge, a City Munsiff and an Additional Munsiff.

2.25.110 The District Judge had over-all administrative control over the civil judiciary. He had appellate jurisdiction in civil cases against the decisions of the Munsiffs and also in respect of the suits of the value not exceeding Rs.10,000/- decided by the Civil Judges. As Sessions Judge, he tried sessions cases and heard appeals against the judgments and certain orders of all the Magistrates. Appeals against orders and sentence of the Assistant Sessions Judges not exceeding four years imprisonment would lie to him. The Civil Judges were also invested with the powers of the Assistant Sessions Judges under the Criminal Procedure Code, 1898.

2.25.111 The pecuniary jurisdiction of District Judges and Civil Judges was unlimited. But, their territorial jurisdiction was confined to the limits of Jhansi. The Civil Judge and the Additional Civil Judge, Jhansi were also invested with powers to decide suits cognizable by the Court of Small Causes upto the value of Rs.500/-. Revision would lie to the District Judge against the decisions of the Civil Judge/Additional Civil Judge in Small Cause suits. The territorial jurisdiction of the Court of the Munsiff, Jhansi extended to the whole of the district. But, its pecuniary jurisdiction was limited to Rs.5,000/- in regular civil suits and to Rs.250/- in Small Cause suits.

2.25.112 The scheme of the separation of the judiciary from the executive was introduced in this district on July 6, 1949.

2.25.113 Under the United Provinces Panchayat Raj Act, 1947, Panchayat Adalats (now called Nyaya Panchayats) were established.

2.25.114 On 26th April, 1815, Almora was captured by the British forces, and under the treaty of Sigauli in 1816, Nepal formally ceded the territory now comprised in the Kumaun and Uttarakhand Divisions, district of Dehra-Dun, and certain other areas to the East India Company. A province of Kumaun was formed consisting of the erstwhile districts of Almora, Garhwal and Naini Tal. Garhwal was separated from Kumaun under Act X of 1838, and Terai district was created. Thus the province of Kumaun included the districts of Kumaun, Garhwal and Terai. But, on 13th October, 1891, Naini Tal district was formed by combining the Tarai and Bhabar area, with certain hill patties which were formerly included in what was known as Kumaun district which thereafter came to be known as Almora, the three districts of Almora, Naini Tal and Garhwal constituted the Kumaun Division. On the merger of the erstwhile Tehri State in 1949, Tehri district was also added to this Division.

2.25.115 On the absorption of Kumaun with the rest of British India, the then Governor-General appointed one Hon'ble E.Gardner to assume the office and title of Commissioner for the affairs of Kumaun and Agent to the Governor-General on 3rd May, 1815, and Mr. G.W. Traill as his Assistant. But as the former mostly remained busy with his military and political duties in Nepal, the burden of administration fell on his Assistant, Mr. Traill.

2.25.116 The administrative history of Kumaun Division, in the words of Whalley in his "Law of Non-Regulation-Provinces" divides itself into three periods "Kumaun under Traill; Kumaun under Batten and Kumaun under Ramsay". The regime in the first period was essentially paternal, despotic and personal. It resisted the centralising tendency which the policy of the Government had developed. It, though arbitrary, was a just, wise and progressive administration. Mr. Traill's administration lasted from 1815 to 1835.

2.25.117 "Mr. Batten ruled Kumaun during 1836-56, but the early stages of his rule were marked by an influx of codes and rules and a predominance of official supervision which gradually subsided as he gained influence position and experience. Thus the second period glided insensibly, into the third period which nevertheless has a distinctive character of its own. In Sir Henry Ramsay's administration we see the two currents blended. The personal sway and unhampered autocracy of the first era, combining with it the orderly procedure and observance of fixed rules and principles which was the chief feature of the second."

2.25.118 It may be stated that in the earliest times administration of justice, civil or criminal, was hardly any problem to the British Government. From 1st of January, 1820 to 31st December, 1821 the total number of Criminals confined in Jail amounted to sixty-five out of whom 4 had been convicted of murder, 3 for thefts above Rs.50 and the rest for petty thefts, assaults, defamation, forgery, etc. In the words of Traill himself in his Statistical Sketch of Kumaun, "affrays of a serious nature are of rare occurrence and even petty assaults are most infrequent ..... Applications to court on the subject of caste are numerous; these are invariably referred to the Pandit of the Court, whose decree delivered to the party concerned is conclusive ..... In civil judicature the simple forms of the preceding Government have been generally retained. The petition originating the suit is required to be written on an eight-anna stamp but no institution or other fees are levied. A notice in the form of an ittalanama is then issued when process is served by the plaintiff in three cases out of four produces a compromise between the parties. In case the compromise is not effected it is returned by the plaintiff in to court, and the defendant is summoned. The parties then plead their cause in person and in case the facts are disputed on either side, evidence is called for. Oaths are never administered except in particular cases and at the express desire of either parties. Suits for division of property or settlement of accounts are commonly referred to arbitrators selected by the parties. In the matter of execution of decrees, the established forms are followed bu the leniency of native creditors renders imprisonment and sales in satisfaction of decrees uncommon ..... At present only one court (Commissioner's Court) exists in the province for trial of civil cases."

2.25.119 Untramelled by any laws, rules and regulations Mr. Traill made his own arrangements for administration of Civil and Criminal justice. He was not only the head of the civic administration but the sole legislator and dispenser of civil justice. He had framed his own rules of procedure for presentation of plaints on an eight-anna stamp irrespective of the valuation of the claim on presentation of which the plaintiff was required to serve notice on the defendant himself. In seventy-five per cent of cases the claims were compromised. In other cases the parties were first examined whereafter their witnesses, if any, were examined, but oath was generally not administered.

2.25.120 There were no lawyers and no one was permitted to act as an agent of the contending parties, and the maximum duration of a suit was twelve days. Incidentally, it may be stated that Mr. Traill also conducted the first 'Nazarandazi' survey of Kumaun in Samvat 1880 i.e., 1818 A.D. (Commonly known as "Sal assi") which still continues to form the basic document for determining village boundaries. There was no actual survey, but Mr. Traill nationally allotted land amidst the different villages by reference to natural or prominent features existing on the northern, southern, eastern and western boundaries of each village. Actual survey operations in most of the areas of Kumaun were undertaken for the first time by Mr. Beckett in 1856.

2.25.121 According to Walton's Gazetteer for the District of Almora first Munsif was appointed in 1829 and seven Kanungos were invested with the title and powers of Munsiff and title of Sadar Amin was conferred on Court Pandit. These officers continued to exercise powers of Civil Judges till 1838. Afterthese offices were abolished, the Act X of 1838 was enforced under which the districts of Kumaun and Garhwal each had one Senior Assistant, one Sadar Amin and one Munsiff under Sudder Dewani Adalat. In civil administration Kumaun Province was placed under the jurisdiction of Sudder Dewani Adalat in 1838 and remained subject to its jurisdiction till 1864. The Assam Rules with certain modifications were adopted for the administration of civil and criminal justice in 1839. These rules were superseded in 1863 by a set of Civil and Revenue Rules known as Jhansi Rules, Statutory authority was given to these rules by section 2 of the Non-Regulation District Act (Central Act XXIV of 1864). Under section 4 of the said Act, Civil Procedure Code was also made applicable. Rules for service of processes were based on the lines laid down by Mr. Traill.

2.25.122 Thereafter, a new set of rules under notification No.628/VII-569-B dated 27th June 1894 were promulgated under which the Commissioner was constituted as the High Court of Kumaun except in the cases under Succession Act, in respect of which he acted as a District Judge and an appeal would lie to the High Court of Allahabad against his decision. The other revenue officers (eg., Assistant Collectors) were invested with the powers to decide civil cases with varying extent of jurisdiction. Under Rule 17 the Government had however been vested with power to make reference to the High Court of Allahabad against the decision of the Commissioner. Thereafter the Commissioner sitting as the High Court of Kumaun would decide the cases in accordance with the opinion of the High Court.

2.25.123 The Commissioner of Kumaun, however, continued to exercise the powers of a High Court until the enforcement of Notification No.543/VII-421 dated 1st April, 1926 (Published at page 57 of the Rules and orders relating to Kuman). A District Judge was appointed to exercise jurisdiction over Pilibhit and the three districts Almora, Garhwal and Naini Tal constituting the Kumaun Division. Later on Pilibhit was separated from Kumaun judgship. The Deputy Commissioners of the three districts were invested with the powers of a subordinate judge and Assistant Collectors who were revenue officers were empowered to try civil suits up to a valuation of rupees five thousand.

2.25.124 The arrangement of investing revenue officers with the powers of Civil Judges and Munsiffs did not work satisfactorily. After 1926 the District Judge of Kumaun became the Appellate Court in respect of civil case decided by them. These revenue officers were not very much conversant with civil laws. Their judgments were subjected to severe criticism at the hands of the District Judge. Consequently they were hesitant to try civil cases which had been thrust upon them by virtue of their office as Assistant Collectors. This led to an appalling state of affairs in the accumulation of arrears in the disposal of civil cases. Sir Iqbal Ahmad the then Chief Justice drew the attention of the Government to this fact. In 1942 the U.P. Government agreed to post one judicial Officer at Almora with powers of an Assistant Collector of first class, who by virtue of his office became a Civil Judge with jurisdiction to try civil suits up to a valuation of Rs.5,000/-.

2.25.125 This experiment proved very successful. Consequently in 1947 the Government appointed a number of young and promising lawyers as Revenue Officers exclusively to try and dispose off civil cases. In 1952 the High Court appointed its own Munsiffs and Civil judges under Bengal and Assam Civil Courts Act.

2.25.126 After the merger of the erstwhile Tehri State one more Civil and Sessions Judge was posted to Kumaun under the District and Sessions Judge of Kumaun. On account of administrative convenience his headquarters were fixed at Tehri. The District and Sessions Judge of Kumaun was also a Civil Judge of Kumaun and as such he tried and disposed off original suits of higher valuation. An Additional Civil and Sessions Judge was also appointed to assist him whenever the workload increased.

2.25.127 As regards administration of criminal justice, criminal jurisdiction was conferred on Kumaun officers in July 1817 under Regulation X of 1817 except in certain serious offences like murder, robbery, treason, etc., for the trial of which a Commissioner had to be specifically appointed by the Governor-General in Council. After recording evidence in the case, the Commissioner used to submit his report to the Nizamat Adalat which passed the final sentence. It seldom became necessary to appoint a Commissioner under this provision. This Regulation was subsequently repealed by Act X of 1838, as a result of which criminal courts in Kumaun came directly under the control of Nizamat Adalat. Rules were made under the Act for administration of criminal justice which were later on superseded by the Criminal Procedure Code under which the Commissioner of Kumaun was appointed as the Sessions Judge.

2.25.128 It appears the Commissioner of Kumaun ceased to be a Sessions Judge on the enforcement of Notification No.1314/VI-48-1914 dated 26th March, 1914 (published at page 53 of the Rules and Orders relating to Kumaun), under which the districts of Almora, Garhwal, Naini Tal and Pilibhit were placed under Kumaun Sessions Division. Later on Pilibhit was removed from the jurisdiction of the Kumaun Sessions Court.

2.25.129 Kumaun was throughout a Scheduled District. The Government exercise powers to frame rules and issue notifications under section 6 of the Scheduled Districts Act.

2.25.130 The Government continued to exercise its rule-making powers till 1935 when the Scheduled District Act was repealed.

2.25.131 It may not be out of place to mention that under a U.P. Government Revenue (C) Department Notification, dated 24th February, 1960, a new division styled as Uttarakhand has been carved out of the territories within the limits of the erstwhile Kumaun Division Pithoragarh, Chamoli and Uttar Kashi tahsils of Almora, Garhwal, and Tehri District respectively have been upgraded into three districts which together constitute the Uttarakhand Division.

2.25.132 The history of judiciary of Pratapgarh district is really the history of the judicial system of Avadh before the annexation in 1856. Under the Kings of Avadh, the judicial system of Avadh was based on the Muslim Law. The King was the ultimate head of the judiciary, but the powers of the highest court of appeal were vested in Mujahid-ul-Asr who was the highest court of civil jurisdiction as well as the highest court of settlement of religious cases. The said court was presided over by the Chief Shia priest. Adalat-i-Alia at Lucknow presided over by the Munsiff-ud-Daula was the highest trial court. There were separate courts presided over by the Musahib-us-Sultan to decide civil suits and a Court of Small Causes for recovery of small debts. The Chief Criminal Court was presided over by the Kotwal who was the Chief Magistrate as well as Head of the City Police.

2.25.133 After the annexation of Avadh, the British proceeded to reorganise the administrative machinery including that of the judiciary in the region. Accordingly, authority was concentrated in the hands of the Commissioner and Deputy Commissioner in Revenue, Police, Magisterial and Judicial matters. The Commissioner of the division was invested with the powers of the Chief Revenue Authority, the Superintendent of Police and the Sessions Court. He was empowered to try all Sessions cases and pass sentences other than death and transportation for life.

2.25.134 The Deputy Commissioner was assisted by three First Class Magistrates and one Magistrate with lower powers. They exercised the powers of the Revenue and Criminal Courts.

2.25.135 A Subordinate Judge was posted at Pratapgarh to decide civil suits. Two Munsiffs stationed at Pratapgarh and Kunda were invested with powers to decide petty civil suits. The Tahsildars exercised powers of a Second Class Magistrate and those of a Revenue Court. The Judicial Commissioner was the highest court in criminal cases and civil suits. He heard appeals against the orders of the Commissioner sitting as Sessions Court. He also tried criminal cases punishable with death or transportation for life. The death sentence passed by him required confirmation by the Chief Commissioner of Avadh.

2.25.136 The Courts in Avadh were reorganised in 1871, under the Oudh Civil Courts Act. But the Civil Courts were separated from those of the Magistrates and Revenue Officers only in 1879. Regular Courts of Munsiffs, Subordinate Judges, the District Judge and the Judicial Commissioner with powers of a High Court were established. The Court of the Judicial Commissioner was raised to the status of a Chief Court for Oudh in 1925 under the Oudh Courts Act, 1925. The Chief Court of Oudh was later abolished.

2.25.137 In the beginning of the 20th century, the District Judge of Rae Bareli had jurisdiction over the district. He was assisted by a Subordinate Judge whose headquarters was at Pratapgarh and two Munsiffs. There were also three Honorary Munsiffs for the administration of Criminal Justice. There were a Deputy Commissioner, three Magistrates of the First Class and another Magistrate with lower powers. There were also three Tahsildars with Third Class Magisterial powers. In addition, there were four Honorary Magistrates.

2.25.138 At present, the Civil Courts in the district are those of the District Judge, two Civil Judges and the Munsiffs at Pratapgarh and Kunda.

2.25.139 The District and Sessions Judge constitutes the Chief Criminal Court of the district. He is assisted in Sessions trials by two Sessions Judges. As Sessions Judge, he tries Sessions Cases and hears appeals against the judgments and certain orders of the Magistrates working in the district. The Additional District Magistrate (Judicial) and the Judicial Magistrate are subordinate to the District and Sessions Judge, Pratapgarh. The Munsiffs have also been invested with Magisterial powers of the First Class to try criminal cases transferred to their Courts by the Additional District Magistrate (Judicial) and the Judicial Magistrate.

2.25.140 The administration of justice in Kanpur formed a separate administrative branch more or less detached from the executive. The Ruler was the fountain head of justice. He administered justice personally or through his representatives. Mainly, there were three institutions related to the administration of justice viz., the Village Panchayat in the village, the Judge in the Town and the King-in-Council at the Apex. Civil cases were sometimes decided by arbitration. Offenders were punished with fines varying in amount, but, heavy penalties were also imposed. The modes of punishment included mutilation and torture. The aggrieved person was heard regarding the punishment to be imposed on the accused.

2.25.141 The sacred texts, contracts, customs and royal ordinances were the sources of the law. The Judges were appointed from among those who were well-versed in the sacred texts. They usually belonged to the priestly order and often went beyond the royal fiat in the performance of their duties. The petty cases in the village were decided by the Gramyavadin or Village Judge.

2.25.142 Justice was administered to Muslims according to the Islamic Law by the Qazis and Muftis in the Towns. Panchayats continued to function in the rural areas as usual eventhough there was change in Government or the Ruler. Criminal Justice was administered in accordance with Islamic Law.

2.25.143 Civil cases were decided on the basis of Personal Law of the parties. Ordinarily, the Officers dispensing justice did not disregard customary laws and sometimes followed principles of equity.

2.25.144 The Judicial Administration of the British was introduced in Kanpur by the East India Company in 1801. A Collector, Magistrate and Judge were appointed. In a short-time, the revenue administration was separated. Two Sadar Amins designated as Mufti and Pandit were entrusted with the trial of petty civil suits.

2.25.145 In 1817, the Office of the Munsiff was established for outlying tracts. In the next year, one Sadar Amin was appointed. In 1821, the Munsiffs and Sadar Amins were empowered to decide suits upto the valuation of Rs.100/- and Rs.500/- respectively. The jurisdiction of Sadar Amins was increased to Rs.1,000/- in 1827. In that year, the Magistracy was separated.

2.25.146 In 1832, the following Courts were in existence :

i) Principal Sadar Amin with jurisdiction to decide suits upto the value of Rs.5,000/-,

ii) Sadar Amin to decide suits upto the value of Rs.1,000/-, and

iii) 4 Munsiffs at Kanpur, Gajner, Sheorajpur and Rasulabad with jurisdiction to decide suits upto Rs.300/- in value.

2.25.147 In 1868, the Principal Sadar Amin who functioned as a Subordinate Judge was also invested with the powers of a Judge of Small Causes Court.

2.25.148 The separation of judiciary from executive was enforced on October 2, 1967. The State Government declared the City of Kanpur as a Metropolitan Area from October 11, 1976.

2.25.149 The District Judge is the Head of the Judiciary in the district. He is also the highest Criminal Court of the district. He is the Sessions Judge of the Metropolitan Area. He is assisted by a number of Additional District and Sessions Judges.

2.25.150 On the Civil side, there are Civil Judges, a Small Cause Judge and the Munsiff. On the Criminal side, there are Metropolitan Magistrates and Chief Judicial Magistrates. The Munsiffs have been invested with the First Class Magisterial powers to try criminal cases.

2.25.151 Sultanpur was part of Avadh State. After the annexation of Avadh, the British established their own system of Administration of Justice at Sultanpur similar to that of Pratapgarh.

2.25.152 In 1903, the District Judge of Faizabad was the Head of Civil Justice of Sultanpur. He was assisted by a Subordinate Judge and two Munsiffs stationed at Sultanpur.

2.25.153 The Raja of Kurwar was invested with the powers of a Honorary Munsiff exercising jurisdiction within the parganas of Miranpur and Baraunsa.

2.25.154 In 1911, the number of Munsiffs was increased to three.

2.25.155 In 1903, on the criminal side there were four Magistrates of the First Class and a Deputy Commissioner in the district. There were also four Tahsildars who exercised the Third Class Magisterial powers within their respective tahsils. A few leading Talukedars were also invested with Third Class Magisterial powers within the limits of their estates.

2.25.156 The Rajas of Dera, Kurwar and Hassanpur and the Talukedars of Shahgarh and Baraulia were the Honorary Magistrates.

2.25.157 In 1911, the Subordinate Judge was also invested with the powers of an Assistant Sessions Judge. There was one Honorary Magistrate. In 1921, in addition to the regular officers on the criminal side, the Talukedar of Damodra was invested with Magisterial powers. There were five other Honorary Magistrates, of whom, two exercised First Class Magisterial powers, one exercised Second Class Magisterial powers and the remaining exercised Third Class Magisterial powers. A bench of Honorary Magistrates was also functioning at the headquarters  of the district to try petty offences.

2.25.158 In 1931, all the Tahsildars exercised Second Class Magisterial powers except Tahsildar of Kadipur. There were five Honorary Magistrates, of whom, two exercised Second Class Magisterial powers and the remaining exercised Third Class Magisterial powers. The district then came under the jurisdiction of the Oudh Chief Court at Lucknow. After the amalgamation of the Chief Court with the High Court at Allahabad, both the High Court and its bench at Lucknow exercised concurrent jurisdiction.

2.25.159 At present, the District and Sessions Judge constitutes the highest Criminal Court of the district. He is assisted in sessions trials by Additional Sessions Judges. As District Sessions Judge, he tries sessions cases and hears appeals against the judgements and certain orders of the Magistrates subordinate to him.

2.25.160 The Deputy Commissioner of the district exercises First Class Magisterial powres under the designation of the District Magistrate. As the head of the district, he has jurisdiction and control over the Magistrates. The City Magistrate and the four Sub-Divisional Magistrates also exercise First Class Magisterial powers. The Tahsildars have been invested with Second Class Magisterial powers. But, rarely they exercise these powers. The Magistrates of the First Class have power of passing sentence of imprisonment not exceeding two years and of imposing fine upto Rs.1,000/-. Magistrates of the Second Class have similar powers of passing sentence of imprisonment not exceeding six months and imposing fine upto Rs.200/-.

2.25.161 In 1956, a District Judge was appointed for the district.

2.25.162 At present, the Civil Courts in the district are those of the District Judge, three Civil Judges and the Munsiffs North and South. The Munsiffs have jurisdiction to decide regular suits upto the valuation of Rs.5,000/-. The territorial jurisdiction of the judges extends to the whole of the district and those of the Munsiffs North to the parganas Chanda, Miranpur, Asal and Amethi and of Munsiffs South to the remaining part of the district.

2.25.163 As a further step towards separation of the Judiciary from the executive at the Magisterial level, the Additional District Magistrate (Judicial) and the Judicial Magistrate working under him were transferred to the control of the District and Sessions Judge, Sultanpur in 1967. They try or commit all cases under the Indian Penal Code.

2.25.164 At present, there are two cadres in the subordinate judiciary, viz., Higher Judicial Service and Judicial Service. Higher Judicial Service consists of District and Sessions Judges, Additional District and Sessions Judges and Additional Sessions Judges. The Judicial Service consists of Civil Judges (Senior Division, Additional Civil Judges (Senior Division),Chief Judicial Magistrates, Additional Chief Judicial Magistrates, Judges, Small Causes Courts and Additional Judges, Small Causes Courts and Civil Judges (Junior Division) / Judicial Magistrates First Class.

2.25.165 Under the Uttar Pradesh Nyayik Sewa Niyamavali, 1951, initial recruitment to the cadre of Civil Judges (Junior Division) / Judicial Magistrates First Class is made by the Public Service Commission through written examination and interview from amongst the advocates who have put in three years of practice at the Bar.

2.25.166 The Civil Judges (Junior Division) /Judicial Magistrates First Class on appointment will be on probation for a period of two years. The newly recruited Civil Judges (Junior Division) are imparted training in court work and office administration for about 12 weeks in the Institute of Judicial Training and Research Uttar Pradesh at Lucknow.

2.25.167 The initial pay of the Civil Judge (Junior Division) is in the pay scale of Rs.8000-275-13500. After five years of satisfactory service, he gets the higher scale of pay of Rs.10000-325-15200. At present, there are 674 posts in the cadre.

2.25.168 The promotional cadre to the post of Civil Judge (Junior Division) /Judicial Magistrate First Class is that of Civil Judge (Senior Division) / Chief Judicial Magistrate /Additional Chief Judicial Magistrate /Additional Civil Judge (Senior Division) /Judge, Court of Small Causes /Additional Judge, Court of Small Causes in the scale of pay of Rs.10000-325-15200. There are 563 posts in the cadre.

2.25.169 The Civil Judges (Senior Division) / Chief Judicial Magistrates are entitled to the Selection Grade pay in the scale of Rs.12000-375-16500. Such pay scale would be available upto 20 per cent of the cadre strength of the posts.

2.25.170 The Uttar Pradesh Higher Judicial Service Rules, 1975 regulates the appointment and promotion to the Higher Judicial Service. Initial appointment to the Higher Judicial Service is made both by promotion and direct recruitment. 15 per cent of the posts are filled up by Direct Recruitment from amongst the Advocates with seven years practice. The remaining 85 per cent of the posts are filled up by promotion from the cadre of Civil Judges (Senior Division).

2.25.171 There are 798 posts in the Higher Judicial Service. Out of them, 594 posts are Ordinary Pay Scale posts in the pay scale of Rs.16400-450-20000, 148 posts are Selection Grade posts and the remaining 56 posts are Super Time Pay Scale posts, both carrying the pay scale of Rs.18400-500-22400.

2.25.172 JURISDICTION :