2.12 MADHYA PRADESH

2.12.1 Under the First Schedule of the Constitution of India, Madhya Pradesh was Part "A" State. Madhya Bharat and Vindhya Pradesh were Part "B" States. Bhopal was Part "C" State.

2.12.2 By the State Reorganisation Act, 1956, 8 districts viz., Buldana, Akola, Amravati, Yeotmal, Wardha, Nagpur, Bhandra and Chand districts of Madhya Pradesh were included in the New Bombay State. The territories of the State of Bhopal, State of Vindhya Pradesh, State of Madhya Bharat except Suneltappa of Bhanpura Tahsil of Mandsaur district and Sironj Sub-Division of Kotah district were integrated into the State of Madhya Pradesh and the new State also came to be known as Madhya Pradesh.

EARLY COURTS IN THE PRINCELY STATE OF GWALIOR :

2.12.3 The Administrative machinery of Gwalior State was controlled by the Maharaja, assisted by the Sadr Board consisting of ten members (As per TERZUMA – Gazetteer Riyasat Gwalior, 1912). The State was divided into Zilas (districts). The Zilas were subdivided into Parganas. The villages in a Pargana were grouped into circles, each under a patwari. The Zila was headed by Subahs who were Zila Magistrates exercising powers similar to those of District Magistrates in British India. They were assisted by Kamasdars in charge of Parganas who were Magistrates of Second or Third Class and Munsiffs.

2.12.4 In the Northern Division of the State, the Subahs were directly under the Sadr Board.

2.12.5 The First Judicial Regular Court in the State was established in 1844. This Court was designated as Huzur Adalat. It was presided over by a Judge to hear cases from the city and surrounding districts. In 1852, Judicial Powers, both Civil and Criminal, were invested with Kamasdars and Subahs. The lowest Civil Courts were those of the Kamasdars in charge of Parganas empowered to hear cases upto Rs. 500/- in value. The Sadr Amin of the Zilla decided suits upto the value of Rs. 3,000/-. The Prant Judge had jurisdiction to decide suits upto the value of Rs. 50,000/-. The Chief Judge of the Sadr Adalat or High Court had unlimited jurisdiction.

2.12.6 The lowest Criminal Courts in the State were those of the Kamasdars invested with Second or Third class Magesterial powers. The Sadr Amins were the First Class Magistrates for the Zila. The Subahs were invested with powers of the District Magistrates. The Prant Adalat was the Sessions Court. It was empowered to try Sessions Cases committed to it by the Magistrates of the First and Second Class. The Sadr Adalat or High Court was the highest Criminal Court in the State. Appeals, both Civil and Criminal, would lie from Pargana Courts to the Zila and Prant Courts and also to the High Court. Cases involving imprisonment for life or sentence of death were referred by the Prant Adalat to the Sadr Adalat. All sentences of death were submitted before the Maharaja for confirmation. The Maharaja also heard appeals against the decisions of the Sadr Adalat.

2.12.7 In 1895, the Judicial system which was prevalent in British India was made applicable to the State after modifying it to suit local customs.

PRESENT SET UP OF JUDICIAL STRUCTURE IN MADHYA PRADESH :

2.12.8 In the State of Madhya Pradesh, there is Lower Judicial Service and Higher Judicial Service. The Lower Judicial Service consists of the following cadres, viz.,

i) Civil Judges – Junior Scale;

ii) Civil Judges – Senior Scale;

iii) Civil Judges – Selection Grade cum Chief Judicial Magistrates.

The Higher Judicial Service consists of –

i) District Judges (Senior Time Scale);

ii) District Judges (Junior Administration Grade)-(Non-functional);

iii) District Judges (Selection Grade);

iv) District Judges (Super Time Scale);

v) District Judges (Above Super Time Scale).

2.12.9 Initial recruitment to the cadre of Civil Judges – Junior Scale is regulated by the Madhya Pradesh Lower Judicial Service (Recruitment and Conditions of Service) Rules, 1994.

2.12.10 The recruitment to the posts of Civil Judges – Junior Scale is made by the Public Service Commission from amongst the Advocates who have put in three years of practice at the Bar, on the basis of written examination and interview. After the appointment, the Officer shall be on probation for a period of two years.

2.12.11 The initial pay of the Civil Judge – Junior Scale is in the pay scale of Rs. 8000-275-13500. There are 418 posts in the cadre.

2.12.12 The post of Civil Judge - Senior Scale is purely promotional post from that of the Civil Judge - Junior Scale. The eligibility being six years of service in the lower post. It carries the initial pay of Rs. 10,000/- in the scale of Rs. 10000-325-15200. At present, there are 157 posts of Civil Judges - Senior Scale. After four years of service, a Civil Judge-Senior Scale would be eligible for promotion to the post of Civil Judge-Selection Grade-cum-Chief Judicial Magistrate in the pay scale of Rs. 12000-375-16500. There are 110 posts in that cadre.

2.12.13 The State Government has established Judicial Officers’ Training Institute in the High Court of Madhya Pradesh for imparting training to the newly appointed Civil Judges - Junior Scale and also organising Refresher Course under the direct control of the Chief Justice.

 

2.12.14 Under the Madhya Pradesh Uchchtar Nyavik Seva (Bharti Tatha Seva Sharten) Niyam, 1994, the District Judges (Senior Time Scale) are directly recruited from amongst the members of the Bar with seven years practice and also promoted from the cadre of Civil Judges Selection Grade-cum-Chief Judicial Magistrate on merit-cum-seniority in the ratio of 10:90. After five years of service, in the Higher Judicial Service, he would be entitled for promotion to the post of District Judge in Junior Administration Grade (Non-Functional) in the pay scale of Rs. 12750-325-16500.

2.12.15 There are altogether 218 posts in these two cadres.

2.12.16 District Judge (Selection Grade) is purely a promotional post to that of District Judge in Junior Administration Grade (Non-Functional) with 8 years of service in Higher Judicial Service. There are 53 posts carrying a pay scale of Rs. 15100-400-18300.

2.12.17 The District Judges (Selection Grade) with eleven years of service in Higher Judicial Service would be entitled for promotion as District Judges (Super Time Scale) in the pay scale Rs. 18400-500-22400. There are 26 posts in the cadre of District Judges (Super Time Scale).

2.12.18 There are six posts of District Judges (Above Super Time Scale) in the pay scale of Rs. 22400-525-24500. District Judges (Super Time Scale) with 14 years of service in Higher Judicial Service would be eligible for the said post.

2.12.19 Judicial Officers appointed to the post of District Judges in Senior Time Scale will be on probation for a period of two years.

 

 

JURISDICTION :

2.12.20 Under the Madhya Pradesh Civil Courts Act, 1958, as amended from time to time, the Court of the District Judge is the Principal Court of original jurisdiction. He has to hear and determine any suit or original proceeding without restriction as the Court of the Civil Judge (Senior Scale) has jurisdiction to hear and determine any suit or original proceeding of a value not exceeding Rs. 50,000/-.

2.12.21 The Court of the Civil Judge (Junior Division) has jurisdiction to hear and determine any suit or original proceeding of the value not exceeding Rs. 25,000/-.

2.12.22 The District Judge can exercise Appellate powers.

2.12.23 The territorial jurisdiction of the Courts shall be such as the State Government, may, by notification define.

2.12.24 Under Section 9 of the Civil Courts Act, the High Court, may by notification invest any Civil Court with powers of a Court of Small Causes under law, for the time being in force, in any area, relating to the Court of Small Causes.

2.12.25 The value of the suits of Small Causes nature shall not exceed Rs.1,000/- in the case of the Court of the District Judge. Rs. 500/- in the case of the Court of the Civil Judge (Senior Scale) and Rs. 200/- in the case of the Court of the Civil Judge (Junior Scale).

 

 

 

APPELLATE JURISDICTION :

2.12.26 Under Section 13, appeals from the decrees or orders of the Courts of the Civil Judge (Senior Scale) or of the Civil Judge (Junior Scale) would lie to the District Judge.

2.12.27 Appeals from the decree or order of the Court of the District Judge / Additional District Judge, shall lie to the High Court.

 

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