-----·--! Presented h1• I \ Hon. Mr. lallubhai I L~~das, Bombav.

·.REPORT ti

ON THE

•

ADliiNISTRATION OF. CRHIINAL AND CIVIL JUSTICE

' . . IN :TBI!!

BOMBAY PRESIDENCY

(INCLUDING SIND)

<

FOR iHE YEAR 1909.

[Price-Sa. or 9d.]

From

To

SIR,

No. 2052 oF 1910.

His MAJESTY's HIGII CouRT o:r JUDICATURE, APPELLA.TE BIDE:

Bombay, 14th September 1910.

R. E. A. ELLIOTT, EsQUIRE~ Registrar, High Court,

Appellate Side, Bombay;

THE SECRETARY To GOVERNMENT, . Judicial Department,

Bom~ay.

. ' I am directed to forward the accompanying Reports on the Administration

of Civil and Criminal Justice in the Presidency of Bombay for the year 19()9, together with the Rep()rt in original of the Judicial Commissioner in Sind.

2. Judicial Statements Nos. 1 to ·13 accompany the Reports.

3, The statement showing the amount of work disposed of by the Courts in e:1.ch District will be sent separately, as it is not required by the Government of India. ·

a 934-a

I have the honour to be, Sir,

Your most obedient servant,

R. E. A. ELLIOTT, Registrar.

. REI'ORT ON THE ADMINISTRATION OF CIVIL JUSTICE IN THE

PRESIDENCY OF BOMBAY FOR THE tEAR 1909.

PRELIMINARY REMARKS.

1. The area and population of the territories to which the report relates are shown in the following table:-

Area in square Population according miles. to the Census of

. l90L

Presidency Proper Sind ••• ... 77,275 15,311,832 47,789 I 3,212,sos

1----~-Toto.l ... 125,064 I 18,524,640 2. During the year under report, there was a slight variation in the

constitution and jurisdiction of Civil Courts in the Presidency. 32 villages in the Sangmeshwar Taluka of the Ratmigiri District, which were within the jurisdiction of the Subordinate Judge's Court at Rajapur, were transferred to the jurisdiction of the Subordinate Judge's Court at SangDieshwar, and the Subordinate Judge of Sangmeshwar was authorized to hold his Court at Sangmeshwar and at Devrukh instead of at Devrukh alone. The village of Borpada, hitherto included in the Dang States, was excluded from the said

·States, and included in the looallimits of the ordinary jurisdiction of the Court of the Subordinate Judge of Nandurbar in the Khandesh District. '!'he proposal to establish a Subordinate Court at Jamkhed, linked with that of Karjat, was sanctioned by Government during the year. The Court was, however, not opened during the year, as the necessary additions and alterations had to be made in the old Mamlatdtir'a Kacheri at Jamkhed, which it was proposed to adapt for the Court-house.

3. The nigh Court was presided over by: the Honourable Sir Basil Scott, Knight, from 1st January to 13th June and from lOth July to 31st December 1909. His Lordship was on privilege leave from 14th June to 9th July 1909, and during that period the Honourable Sir N. G. Chandavark:1r, Knight. acted as Chief Justice.

Puisne Judges.

The Honourable Mr. Justice Russell, from 1st January to 13th June 1909. His Lordship was on furlough from 14th June to 31st December 1909. .

The Honourable Justice Sir N. G. Chandavarkar, from 1st January to 13th June 1909 and from lOth July to 31st December 1909. His Lordship acted as Chief Justice from 14th June to 9th July

.. 1909. The Honourable Mr. Justice Batchelor, from 1st January to 31st December

1909. The Honourable :Mr. Justioe Davar, from 1st January to 31st December

1909. The Honourable Mr. Justice Beaman, from 1st January to 31st December

1909. The Honourable Mr. Justice Heaton, from lst January to 30th November

1909. His Lordship was on deputation from 1st December 1909 to the end of the year to inspect the District and Subordinate Courts. "

11934-1

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The Honourable Mr. Justice Macleod officiated as a Judge of the High Court from 14th June to 31st December 1909.

The Honourable Mr. Justice Knight officiated as a Judge of tl1e High Court from 1st December 1909 to the end of the year,

4. In the Presidency Propor there were on the 31st Dacombor 1909 ;-15 District J udgcs.

2 Joint Judges. 8 Assistant Judges. 8 Small Cause Court Jud"'es (including those at the Presidency

Town) besides the C~ntonment Magistrates at Belgaum and Ahmedabad and the Rezistrars of the Small Cause Courts of :Bombay Poona and A~edabad, who are invested with Small Cause C~urt powers upto certain amounts.

16 First Class Subordinate Judges (excluding two Insll!"cting ~~t Class Subordinate Judges 'who do not exercise Judicial powers).

87 Second Class Subordinate Judges (excluding two. Inspec.ti?g Second Class Subordinate Judges who do not exercise Judicml powers).

5. :Besides the above Judicial Officers, there were, during the year under report, 7 Inamdars and Jahagirdars exercising the powers of Subordinate .Judges under Regulation XIII of 1830.

6. In the Province of Sind there were on the 31st December 1909, besides the Judicial Commissioner-

2 Additional Judicial Commissioners. 3 District Judges (including the Deputy• Commissioner of

Thar and Parkar who exercises the powers of a District Judge).

1 Joint Judge. 1 Assistant Judge. 1 Small Cause Court Judge (besides the Cantonment Magistrate

at Karachi exercising civil powers and the Registrar, Small Cause Court, Karachi).

2 Fir~;t Class Subordinate Judges. 14. Second Class Subordinate Judges.

7. The Honourable Mr. Justice Heaton was on deputation for a period of three months from 1st December 1909 to inspect the District and Subordinate Courts in this Presidency. During the year under report his Lordship held conferences of the District and Subordinate Judges and Pleaders in the , J:?istricts of Sholapur, Khandesh and Thana. In the course of his tour his Lordship noticed remarkable improvement in the manner in which judicial business was dhposed of, more particularly (1) in the method of the trial itself, (2) in execution matters, to which greater personal attention was found to be given by the Judges, (3) in the supervision over the members of the e~tablish· ment, and (4) in the quality of Bailiffs' work. ·

8. With regard to the working of the Deccan Agriculturists' Relief Act,' the reports of the various District Judges will be found summarised below:-The District Judge of Broach reports that since the date of the extension of the Act there has been a continuous rise in the number of institutions of redemption lluits and a proportionate increase in the institutions of appeals, because no ad valorem ~ourt-fees are to be paid. The District Judge of Nasik remarks ~hat the agrteultur!l-1 class.now fully understands the provisions of the Act and · 1s not ~ackward m ~eekmg from. the Courts the reliefs afforded by them. The Assistant Judge (m charge District Court), Thana, on the other hand, Qbserves that the Act ~as beoil in force in his District for nearly five years, and, though tho creditors and their sympathisers look on it with disfavour, knowledge of its scope does not seem to ha.ve been diffused amon"'

• 0

3

·agriculturists, with the result that in some cases they have -paid the whole of tho .amounts of the creditors' claims when nothing would have been found due. The District Judge of Broach is of opinion that the extension of the Act has been on the whole beneficial; the District Judge of Surat also observes that the working of the Act appears satisfactory. The District Judge of Kanara, however, is very doubtful whether the Act will in the long run bs beneficial to the ryots of his District, and remarks that poor people everywhere must

'have loans, and that, though debtors are now being granted instalments and allowed to redeem their properties at moderate rates, still most of them can only pay off their debts by raising fresh loans, and the Savkar to whom they go knows that, where he attempts to recover this fresh loan, the Act will be pleaded against him, The District Judges of DM.rwar, Belgaum and Kanara ·

·consider the provisions relating to interest, instalments and taking of accounts\ to be beneficial. On the other hand the District Judge of Dharwar is of opinion that the remaining provisions of ·the Act have been and are being evaded by those concerned, i.e. by the man who has the money and the man who wants it. The District Judge of Kanara considers it unfortunate that the

.grant of instalments is a subject of appeal and that such appeals are frequently filed. The District Judge of Poona is of opinion that in his District, as in others, there is not very much conciliation in the true sense of the word.

·'The District Judge of Belgaum also thinks that it will become advisable · later on to consider whether the. benefits of conciliation are worth the extra expense incurred by Governmcpt directly and indirectly, and the extra

·trouble and delay in which. litigation is involved. He states that he has made proposals to Government recommending the grant of increased powers to certain conciliators. The District Judge of Broach, however, is of opinion that the system of conciliation has reduced the number of the files in the

.Subordinate Courts of the District and that it has been of great benefit to the agricultural classes. The District Judge of Poona observes that the proportion of conciliation agreements to applications is still very small. However, both in Poona and Ahmednagar, agreements once arrived at are found to be very rarely repudiated at the execution stage. The District Judge of Bijapur is of o1,1inion that Conciliators and Village Munsiffs have got into

·the way of doing their work properly, and that their work is satisfactory. The District Judge of Ahmedabad observes that the Subordinate Judge of Viramgam succeeded in .bringing about compromises and making consent

. decrees in 4 7 per cent. of cases against agriculturists. In the Poona District the -new Section 10-A is reported to work well and to benefit indebted agri-culturists. So also in the District of Sholapur many redemption suits have .been instituted in which the deeds passed to the credttor were ostensibly sale-deeds, and in ·a large proportion of cases the debtors' contention that

· .they were .mortgage·deeds have been upheld by the Courts and redemp• tion allowed. The District Judges of Sholapur and A.hmednagar report that Section IO.A has increased the work of the Courts in their Districts.

The following suggestions have been made:-The District Judge of Kanara trusts that any attempt to amend the Act or

-otherwise to relieve the chronic indebtedness of the ryot will be preceded by th6 appointment of a Commission charged to find out what are the perpetually recurrin"' causes of that indebtedness, and why it is that hopes of settling a substantial and independent peasantry on the land have been so steadily

. disappointed. 1 1 The District Judge of Kbanlfesh recommends the extension of S3ction 74

.of the Act. The Assistant Judge (in charge District Court) of Thana is of opinion that

. i.t is necessary to ap.ply Section 10-A to Districts to which the Deccan Agri--culturists' Relief Act has recently been extended. ·

He also observes that the definition of "agriculturist " needs to be amended by adding some proviso as. follows:-" ~or the purposes of t?is Soc~ion a person purchasin"' merely an equ1ty of redempt10n from a non-agr10ultur1st shall not for the p~rposo _of the red~mption .of the mortgage b~ deemed. to .be .an

. ao-riculturist withm the meanmg of th1s Act though at the time of the mshtutwu , 0{ the suit he was really an agriculturist as defined in this section."

4

Also that a. proviso or an explanation to Section 13 to the following effect. seems to be necessary, viz.: "Provided that in no case the amount awarded shall exceed the amount which would have been payable if the contract between the parties were not set aside."

Tl1e Annual Statements.

9 In accordance with letter No. 14.46-1448, dated the 18th September ' . . 1905, from the Government of India to the Govern·

Statement No. I (C•vil). ment of Bombay, this statement is :filled up in dupli-cate-one for Civil and the other for Criminal work, and the statistics for Revenue Courts are excluded from it, as also from the other judicial statements.

10. The total number of Civil cases decided during the rear under report was 305 584 as a"'ainst 301,515 in the last year, sho1ving an mcrease of 4,069. The inc~ease in the number of disposals occurs in all kinds of Civil cases except regular appeals.

11. Of the total number of decided cases about 45•3 per cent. were re"'ular suits, 52·7 per cent. miscellaneous cases and 2 per cent. appeals, as. ag~inst 44·6, 53'2, and 2·2 respectively, during the last year. .

12. The total receipts of all the Courts (Civil and Criminal) have risen from Rs. 38,49,046 toRs, 44,59,793 but the total charges have .fallen from Rs. 57,64,065 toRs. 56,67,915! These figures are supplied by the Accountant• General, Bombay, in accordance with the' Government Resolution, Judicial Department, No. 5042, dated the 11th August 1893,

13. The total number of suits instituted in all the Courts was 142,354 as against 133,037 in the preceding year, showing an

Statement No, VII. increase of 9,317. Last year too there was an-increase of 7,477.

14. There was an increase of 5,130 in the number of suits for money as. compared with the increase of 3,470 last year. There was al.3o an increase in. all other kinds of suits except testamentary suits, which indicates that the tendency towards a rise, which . commenced last year after a continuous fall for a number of years, bas been kept up. The inCl'ease is most marked in mortgage suits, and is no doubt due principally to Seotions 30 and 31 of the new Limitation Act. The number of such suits ~ose from 10,547 to 12,921, i. e. by 22 per cent., and there will probably be a still larger increase in the institutions of the present year, 1910.

15. The percentage of s-qits for money or moveable property fell from 73·7 to 72·5, and that of suits relating to immoveable property (includinoo-

"mortgage and pre-emption suits) rose from 16'2 to 17·5; the percenta"'e of all other kinds of suits together was about 10 as compared with 10·11a~t year, i. e. nearly the same as last year.

16. The aggregate value of snits rose from Rs. 4,57,26,170 to. St t t N VIIL Rs. 4,98,86,231. There was a decrease of 1 in the

"'emen °' number of suits exceeding Rs. 10,000, but all other kinds of suits, i.e. those not exceeding in valueRs. 10,-50,-100,·500,·1,000,-5,000 and 10,000, as also those the value of which could not be estimated in money, showed an increase. ·

17. Only the superior Courts showed a decrease in the value of suits instituted during the year, while the rest showed an increase.

18. There were 179, 7~7 suits for disposal before all the Courts, out of Statement No. IX, Part I. wht~h 138,2~7 were disposed of, leaving a balance of

41,5~0 pendmg at the end of the year. The corres- · the last year were 170,133, 134,351, and 35,782~ pending figures for

respectively. 19,. The disposal may be classified as under:-

Without trial ... ... . .. about 10·9 per cant • Without contest , 49·2 , After contest ... 36·4 On reference to a1·bitration " , ... ... "

8·5 ,

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20. Of the total number of suits disposed of after contest and on referenca to arbitration, judgment was given for plaintiff in whole or in part in 86•4 per-cent. and for the defendant in 13·6 per cent. of cases. ·

21. The average duration of contested suits fell from 167 to 157 days in the year under report and that of uncontested suits was nearly the same, i. e. it was 72·61 as compared with 72·09 last year. The corresponding figures for-1906 and 1907 respectively were 243 and 175 for contested and 91 and 71 for-uncontested suits. In the District Courts the average duration was 269 days for contested and 128 days for uncontested suits as against 226 and 117 respect-ively in the preceding year. In the mofussil Subordinate Courts the average duration was 170 days for contested and 85 for uncontested suits as against 182 and 89 respectively. In the superior Courts the average duration was 421 days for contested, and 275 for uncontested suits as against aBO and 306-respectively. ·

22. The following table gives some idea of the comparative litigiousness of the several Districts in the Presidency :-

I , Proportion of I Total number Proportion of • No.mber of conte•ted 1uits District. Populatwn. suite inatituted. ouita lnetituted of decided to the number-

. to population. n.its. of decided oultl..

Bombay ... 770,84.3 25,850 1 to 29 25,651 1 to 6 Sukkur-LI!.rkltna (inclnd-

ing Upper Sind Frontier). 1,250,699 14,142 1 to 88 14,629 1 to 8 N4sik · ... 819,575 8,804 1 to 93 8,996 1 to 2 Hyderabad ... 990,502 9,661 1 to 103 10,041 1 to 9 Poona. ... 995,074 9,255 1 to 107 8,621 :I to 3 Broach. . .. 291,428 2,686 1 to 108 2,655 1 to 1i KMndesh ... 1,442,018 12,639 1 to 114 11,:186 1 to 2 Kanl.chi · . ... 607,4.39 4,820 1 to 123 4,771 1 to 4 Ahmednaga.r ... 837,774 5,464 1 to 11>3 4.,897 1 to a Ahmedabad (including

11,266 to 157 11,458 1 to 2" Kairaand Pa.nch MaUls). 1,772,689 1 Sholapur · · ... 720,978 3,976 1 to 181 8,454 1 to 2 Th4na (including Kolaba) ... 1,414,526 7,236 1 h 195 11,683 1 to 2 .

1 to 206 3,437 1 to 3 Surat ... 636,602 3,088 Kana1·a ... 4.54,28!3 2,146 1 to 211 2,282 1 to ll Ratnl!.giri ... 1,166,890 5,329 1 to 218 4.,424 1 to 1i Sit tara . ... 1,1415,521 4,901 1 to 233 4,007 1 to 2 Belgaum 994,209 3,433 1 to 289 3,000 1 to 2 ... Dbarwl!.r 1,113,426 3,307 1 to 336 8,602 1 to 2 ... Bijapur ... 735,041 2,078 1 to 353 1,9711 1 to· 1! Thar and Parkar 364,168 4041 1 to 901 4.28 1 to 10 ...

23. In addition to the re.,.ular s~its· mentioned above, the Court disposed · of 22 097 miscellaneous cases as against 20,850

Statement No. IX, Part II. durin~ the last year. The percentage of contested miscellaneous cases to the total of cases of all kinds was 30, and. the ave~age duration of such cases was 93 days as against 91 days in the precedmg year.

24. The ~following table shows the result of appeals d!sposed of dur~ngthe year as compared with those disposed of durmg the last year :-;- \ Statement No. X, Part I.

Objection• under

Year. Appeals Order XLI, r. 22, A ppealo decided. Arre~rs.

presented. Civil Procedure Code •

• 1908 ... 6,592 405 6,389 5,0715 1909 ... 6,269 330 6,088 6,257

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2· The }'ir$t.Cla.ss Subordinate Judges and Small Cause Court Judges invest:J. with appellate powers disposed of 677 appeals as against 1,056 last year.

96 Of the total number of appeals decideil, 1,373 were dismissed under Orde; XLI r. 11 Civil Procedure Code, or for default, or were otherwise not prosecuted.' Th; disposal of the remaining 4,715 a}>pcalsmay be classifi.ecl as under:-

~umber in which decrre was confirmed 3,034 or 64r3 per cent. • Do. do. modified ti87 or 14·6 ,

Do. do. reversed 7 40 or 11>·7 , Do. in which suit was remanded 254 or 5·4. ,

27. The average duration of appeals was 271 days as against 21!1. Isst .year.

2S. There was a considerable increase in the institutions as well as in the disposals of miscellaneous appeals, the figures being

Statement No. ;, Part II. 304 and 296 :19 against 133 and 201 respectively last ·year. The average duration of these appeals was 132 days as against 134 in the previous year.

19DS ~909

29. A.s regards applications for execution, the following table shows the figures for the year under report as compared with

Statement No. XL those in 1908 :-

Year. Inotitutiono, DiJpoaala. Arrearo,

--... ... ... 140,682 139,501> 44,4.66 ... ... . .. 135,216 138,586 41,095

30. Out of the total number of applications for eiecution disposed of, · 608 were disposed of by transfer. In 25,642 satisfaction was obtained in full,

in 27,472 in part, while 84,864 proved wholly infructuous. The percentages of the last three heads of disposal were 19, 20 and 61 as compared with 17, 19 and €4 last year.. · • ·

31. The total amount realized in execution came to Rs. 57,39,665 as .aainst Rs. 53,90,590 last year.

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32. The number of cases in which the judgment·debtor was·imprisoned was 693 as against 583 last year, and of those in which immoveable property' was sold was 2,925 as against 3,045 in the previous year.

33. The number of persons imprisoned in execution of decreelwas 693 · s N XII and the number of persons arrested but released with-

tatement o. · out imprisonment was 2,330. The number of appli-~ations for declaration of insolvency was 464. ·

34. The total number of applications for d~claration of insolvency disposed -of during the year was 250. Of the~e 63 were withdrawn, 113 granted and 74 rejected. ' : · ·

General llemarks. 35. During the year under report Sections 6, 22-A, 68 and 69 of the

Deccan Agriculturists' Relief Act were extended to all parts of the Bombay Presidency (except A.den and the City of Bombay) in which those sections were not already in force. The conciliation system was introduced during the _year in the Panch Mah:ils and Surat Districts.

36, The congestion of the Civil files was dealt with by the appointment or deputation of Joint First or Second Class Subordinate Judges to tile follow. ing places during the whole or part of the year under report, tJjz, Ahmedabad,

• Dorsad, Umretb, Broach, Gadag, Dharwar, Honavar, Yaval, I'impalgaon Raj:ipur, Ratnagiri, Bulsar, Surat, TMna, I'anvel, Bangamner, Mahad and Haveli. •

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37. The District or Assistant Juuges or Inspecting Subordinate Judges '()£ Ahmedabad, Ahmednagar, llelgaum, Broach, Kanara, Kb:indesh, Nasik, Poona, Ratnagiri, S:itara, Surat and Thana inspected in all 33 Subordinate Judges' Courts during the year under report.

· 38. The District Judges of Ahmedabad, Belgaum, Broach, Nasik, Ratm1-giri, Sat:ira and Sholapur assembled Judicial conference of the Judges subor-dinate to them, where points touching practice and procedure of Civil Courts were discussed. .

39, The record-rooms and libraries are reportei by the District Judges generally to be in good order. Steps are being taken to replenish the stock of books in the Subordinate Court libraries. During the year under report, law books worth about Rs. 10,000 were supplied by the High Court to the Sub-ordinate Court libraries, with the sanction of Government, in addition to books worth Rs. l 5,000 supplied in 1908. The destruction of useless records is carried .out periodically in accordance with the rules framed by the High Court. .

R. E. A. ELLIOTT, · Registrar.

:f!is Majesty's Higl~ Oourt of Judicature, .Appellate Side, Bombay, 14th September 1910.

0

REPORT ON THE ADMINIS'rRATION OF CRIMINAL JUSTICE IN THE PRESIDENCY OF BOMBAY FOR THE YEAR 1909.

PRELIMINARY REMARKS.

The Re11ort relates to the Administration of Criminal Justice in all the Courts (including the Courts of the Presidency Magistrates) in the Bombay PresidencY' Proper and in the Province of Sind, · •

2. Tho area and population of the above territories are tho same as those given at page 1. .

· 3. In the Presidency Proper on 31st December 1909, there were, besides the Honourable the Chief Justice and Judges of the High Court,-

15 Sessions Judges. 5 Additional Sessions Judges. 5 Assistant Sessions Judges,

19 District Magistrates. 4 Presidency Ma..,istra tes.

248 First Class Magistrates. 199 Second Class Magistrates. 232 Third Class Magistrates, 160 Sanitary Committees and Sanitary Boards, under Bombay Act I

of 1889.

Besides the above, there were 15,671 Village Police Patils in the Presidency with power under Section 14 of Act VIII of 1867, some of whom were also invested with Crimina\ Jurisdiction .under Section 15 of the said Act.

4, In Sind on 31st December 1909, in addition to the Judicial Commis-sioner, there were:-

2 Additional Judicial Commissioners, · 2 Sessions Judges.

3 Additional Sessions Judges.

ltlll'OU'r O:N 'rliE AD::IUNI::iTltATIO~ OJ-' CRIMINAL .JUSTICE IN Tim PltESIDENCY OP D01.IBAY Jt December IIJO!), in audition to the Judicial Comrni,-'ioncr, there were:-

2 Additional J uuicial Commissioners. ·> Sessions J udgcs. ~ .A.ddi tiona 1 Sessions J tulges. ,,, District ::\Iagistratcs. 2 Deputy Commissioners.

71 :First Class :Jia:;istratcs. Gl Second Class .Magistrates. li2 Thiru Class 1Ia~istratcs. 11 S:mitary Committees and Sanitary Boarus, under Bomuay Act l

of 188!!.

:J. •rue Jllllcs :.~ml 1Iao'istratcs mentioned. above were all StiprnJi~uy excopt 2.L3 Special and IIonor:~q 1bgistratcs, of whom 210 formetl 21 Benchc,; which \\'ere as follows :-

·'1 at DomlJ~y, consisting of llfJ ::.1agistratcs. :J ]) Poona. do. 20 do. :~ ,. N uui:\,l do, 11 clo. 1 , Sat:\m do. !) do. 1 , Shobpur do. 7 do. 1 " Nasik (lo. 7 do. 1 , Dhulia do. C do. 1 , 1 Ahmednagar and

Bhin;;:ir do. 5 do. 1 ,, Dclgaurn do. 5 de. 1 , llluhad do. 5

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Tlte AtmuaZ Statementa.

o. The total number of criminal cases disposed of in the year ~dorhrcp1ortt T ,., • • was 155,895 as compared with 154,057 1n t e as Statement No. I (L:r1m1• year, showing an increase of 1,838. Of the total

nal). number of decided cases, 90 per cont. were original cases and 4 per cent. were appeal and revision cases. The percentages for the previous year were the same.

7. The total number of offences reported during the year was 157,549 as

8 t t N 11 compared with 156,423 in the last year, showing an ta emen o. • increase of 1,120. The number of cases returned as true was 146,955 or 93·2 percent. of the total number of offences reported, the rest being cases dismissed under Section 203, Criminal Procedure Code, or cases in which the charge was declared to be false.

8. Of the total number of cases returned as true, 41·8 per cent. were under the Indian Penal Code and the rest under the Special and Local Laws. Cases under the Indian Penal Code related chiefly to offences of hurt, criminal force and assault, theft, mischief, criminal trespass, and criminal intimidation, insult and annoyance. The principal cases under the Special and Local Laws related to offences under the Breaches of Contract Act, Cantonment Act, Cattle Trespass Act, Criminal Procedure Code, Forest Act, Prevention of Cruelty to Animals Act, A'bkari Act, City of Bombay Police Act, District Police Act, :Bombay and District Municipal Acts, Public Conveyance Act and Village Police Act.

9. Among the offences returned a9 true there were 7 offences against tho State. There was no offence either against the Army and Navy or under the Official Secrets Act. ·

10. There was a material increase in the following cases of offences :-

·--------0-fl'e_n_c .. _. _________ \ liomber lu 1908.

.Att~mpts nt offences affecting life Hurt ... ... · Attempts at hurt .. . Criminial force and assault

... . .. ...

Rape ••• Unnatural offence ••• Attempts at theft ... Attempts at cher.ting ... • •• Attempts at fraudulent deeds and disposition of Property Mischief •.. . ••• · · ••• .. Criminal intimidation, insult and annoyance • Under the Ca:~tonment Act •••

., Forest Act •.• ,, Merchandise Marks Act ... ., Petroleum Act , Post Offices Act ... • .. , Prevention of Cruelty to animals Act , Stage ~arriages .Act . • .. ::: , Kbkan Act ... · , District Police Act ••• ,, Frontier (Sind) Regulation , l\1 unidpal (District) Act ... , Municipal (Bombay) Act ... , Tolls Act ... • .. ,, Village Police Act

J :::11 ... ... ... , ... 1 ... ... ••• i

... :::I ···~ .... ...

15 20,893

18 5,171

49 14 31 10

3,176 6,514 2,053 1,609

6 3

10,002 18

1,967 8,267

36 9,406 5,300

2 1,374

Number In 190!1.

51 21,252

67 5,961

76 31

271 24

8 3,385 7,235 2,711 . 1,831

6 20 14

11,349 77

2,147 8,514

67 11,374 5,662

8 1,705

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11. Offences under the following heads show a considerable decrease :-

Offences, Numbet in 1008. Number in 1009.

Attempts at Criminal, force and assault Theft ... Extortion ... . .• Criminal trespass ... · .. . Under the Criminal Procedure Code .. . Attempts at do. do. • .. Under tho Criminal Tribes Act

" " " "

Ports Act Treasure Trove Act City of Bombay Police Act Vaccination Act ...

... ...

... ...

...

29 4 11,840 !!,238

112 69 3,267 3,014 2,189 1,836

26 48 26 88 4·7

8 3 29,508 !l5,317

60 7

12. Out of 608 cases affecting human life brought to trial during the _year, 230 were murders as compared with 251 out of 574 in the previous year.

These murders may be classified as follows :-From motives connected with women ... Of children for the sake of their ornaments Other murders for the sake of gain ... Murders from other causes ...

... 98 0

21 102

230

13. The following table shows the comparative criminality of the several Districts :-

Offences Proportion of District~. Population. returned as such offences

true. to population.

Bombay ... ... .. . . .. 770,843 65,386 1 to 14 Ahmedabad ... . .. . .. . .. 795,0d4 10,686 1 to 74 Poona ... ... . .. . .. 995,074 10,443 1 to 95 Thana ... ... . .. ... 809,361 ~,301 1 to 128 Sukkur-L4rkbana ... ... ... 1,018,237 7,392 1 to 138 Kar4chi ... ... .. . ... 607,489 4,138 I to 146 Broach ... ... ... ... 231,428 1,949 1 to 149 Nasik ... ... . .. ... 819,575 5,305 1 to 154 Sura.t ... ... ... ... 636,G02 3,817 1 to 166 Hyderabad ... ... .. . ... 990,502 5,856 1 to 169 Panch Mahala ... ... ... .. . 261,870 1,541 1 to 170 Upper Sind Frontier ... ... ... 232,462 1,334 1 to 174 Kaira ... ... . 711>,721> 3,508 1 to 204 • •• . .. Koloiba ... ... ... .. . 605,165 2,916 1 to 207 Shol.apur ... ... ... ... 720,978 2,972 1 to 242 Khandesh ... ... ... . .. 1,442,018 5,874 1 to 245 Kanara ... ... ... ... 454,238 1,621 1 to 280 Ahmed nagar ... ... ... . .. 837,774 2,887 1 to 290 Sa tara ... . .. ... ... 1,146,521 3,947 1 to 290 Belgaum •.. ... . .. .. . 99-1.,209 2,679 1 to 371 Thar and Pa1·kar ... ... ... 364,168 932 1 to 390 DMrwar ... ... ... . .. 1,113,426 2,564 1 to 434 Bijiipur ... . .. ... . .. 735,041 1,2881 1 to 570 Ratnagiri ... ... ... .. . 1,166,890 1,619 l to 720

14. In the Districts of'Ahmedabad, KMndesh, Surat, Nasik andDh:irwlir, the number of offences increased by 2,555, 919, 520, 513 and 487 respectively whereas in the Districts of Bombay, Karachi and Shol:ipur there was a decrease of 1,518, 2,480, and 472 respectively. In the remaining Districts there was no marked increa~e or decrease. ·

15. The number of cases brought to trial during the year was 146,188 and the number of persons involved in them was 243,424 as against 144,966 cases .and 237,896 persons in the preceding year.

12

16. or the 243,424 persons under trial 126,738 or o2 per cent. were acquitted or discharged; 105,417 or 43·3 per cent. were convicted ; 717 or ·3 per cent. died, esc:1ped or were transferred to another province, or made over to lllilit:J.ry authorities or had their cases pending on the dormant file or referred under section 307; and 10,552 or 4•4 per cent. remained under trial.

In the last year the percentages were 50, 45·5, ·3, and 4•2 respectively.

17, Tho following table .shows the ratio of acquittals to convictions in each class of offences :-

Description of offences.

Offences against the State ••• ... • •• Offences against public tranquility ... ... Attempts at public tranquility ... ,,, Offences by or relating to public servants ••. ... Contempts of the lawful authority of public servants ••• False evidence and offences against public justice ... Attempts at do. do. ,.. Offences relating to coins ••• •.• .. . Offences relating to Government Stamps ... .. . Offences relating to weights and measures • . . .. . Offences affecting the public health, safety, &c. .. . Attempts ut · do. do. .. . Offences relating to religion ... ... .. . Offences affecting life ... ... .. . Attempts at do. ... ... · Causing of miscarriage, injuries to nnborn children, &':.: Hurt ... . .. Attempts at burt ... ... · ::: ... 'Vrongful restraint and wronful confinement Criminal force and assault

0 ••• ••• :::

Attempts at do. ..: - ... • •• Kidnapping, forcible abduction, slnery and forced

labour ... ••• • .. Attempts at do. do. Rape ... ... .. . Attempts at rape ... ... .. . Unnatural ollence .. • ... • .. Attempts nt do. ... ... • .. Theft •.• ..• • •. Attempts at theft ... . .. .. • Extortion ... ••• . .. Attempts at extortion ... • .. Robbery nnd dacoity ... .. . Attempts at do. ... .. . Criminal misappropriation of property .. . Criminal breach of trust ... Attempts at do. • .. Receiving of stolen property .. . Attempts at do. .. .

...

... Cheating .. . . .. Attempts at cheating ... ::: Fraudulent deeds and ilisposition of property Attempts at do. do Mischief ..• ... • ... Attempts at mischief .. . Criminal trespass .. • • .. Attempts at criminal trespass ... Offences relating to documents, &c. Attempts at do. Criminal breach of contract of servic

I> 575

. 2 I 1,566

21 44

9 321

4 71

945 70,173

Ratio of ocqnittalo ld COD\'ictiona.

0 : 10() 72 : 28 !H : 69 43 : 57 44 : 56 51 : 4:1 211 : 75 ~8 : 72 35 : 65 S.£ : 66 24 : 7G 33 : 67 1!2 : 18 51 : 49 56 : 44 44 : 55 !J3 : 7 74 : 26 ss : 12 Si : 16 ';5 : 2S

67 : 33 33 : 67 70 : 30 GO : 40 60 : 40 0 : 100

33 : G7 3S : 62 75 : 25

0 : 100 59 : 41 87 : 13 79 : 21 62 : 38 50 : liO 40 : 60

0 : 10() 63 : 37 11 : 89 82 : 18 58 : 42 92 : 8 50 : 50 74 : 26 12 . 88 73 : 27

100: 0 71 : 29 89 : 11

0 : 10() 88 : 12 93 : 7 10 : 81

13

18, 'rho total number of European British subjects whose oases were ~

8 t t N IIA disposed of during the year under report rose from 507

ta emen °' · to 601. Of these 181 or 30 per cent. were char"'ed under the Indian Penal Oode and 4·23 or 70 per cent. under the Special ~nd Locg} !Jaws. The charges under the Indian Penal Code related chiefly to false evidence, hurt, criminal force and assault, theft, criminal breach of trust and cheating.

19. Out ot the 604. persons whose cases were disposed of, 437 were con-victed and 167 acquittei or discharged. Tho cases of 601 were disposed of by Magistrates and of 3 by the CouTts of Sessions. In the case of 202 persons tho deciding l\Iagistrate was a European British subject and in the case of 309-persons be was other than a European British subject. In the caso of 3 persons whose cases were disposed of by the Courts of Sessions, the Session Judge was a European British subject. Three accused persons claimed to be tried by a mixed jury under Section 450(1) and two under Section 451(1) of the Crimin::~l Procedure Code,

20. There were 3,430 miscellaneous cases before the Courts involving-6,777 persons, of whom 28·4 per cent. were discharged,

Statement No. III. 61'9 per cent, convicted and the cases of !.J·7 were pending.

21. There was a material increase in the number of persons involved in "Proceedings against witnesses under OhapteT VI(c) ", "Proceedings against local nuisances" and "non·attendance of Jurors or Assessors", and a marked decrease in the number of persons concerned in " Proceeding~ under Chapter VIII to prevent breach of the peace" and ."to require security for good behaviour." •

22. The number of original regular cases disposed of during the year was 14.6,147 as against 144.,4:1.3 in the last year. Of these·

Statement No. IV. • 143,347 were disposed of by Magistrates, 1,850 by Village Officers and Sanitary Committees and Sanibry Boards, and 950 by Courts of Sessions and Superior Oourts •. . 23, Of the total number of persons convicted, 37·7 per cent. were OOJl·

victed on regular and 62'3 per cent. on summary trial. The percentages of the-last year were 38·4 and 61·6 respectively.

24. The number of youthful offenders dealt with under Section 31 of Act VIII of 1897 was 163 as against 233 in the last year.

25, The following table sh:>ws the punishments Statement No. V. inflicted in 1909 as contrasted with those in 1908 :-

Number of persons sentenced to

Year. I !mprison· Death. Transport-

Penal Fino. Whipping. atioo. Servitude. meut.

. 59 179 16,883 82,039 1,383 1908 ... ... ...

1909 ... ... 79 I 178 , 2-lt I 16,784 80,580 I 1,039

26. In 73,275 cases the amount of fine· imposed did not exceed Rs. 10, in 6 4·5i it was between Rs. 10 and Rs. 50, and in 5,712 oases the term of imp~isonment did not exceed 15 days and in 8,795 it was between 15 days and. 6 months.

27. The total amount of fines imposed ross from Rs. 4,53,399 to Rs. 4,74,66:1. and that of fines realised rose from Rs. 3,52,787 toRs. 3,85,20~.

28, Out of 1,039, the total number of whippings inflio.ted, 714 were in lieu of other punishments (663 bemg on first con·

Statement No. VA-Parts I viction and 51 on re·conviction), 96 wera in addition to IV. to other punishments and 229 were inflicted on.

ll D3t-4

juveniles for offences other than those specified iri Po.rts I o.nd II of Statement No. VA.

29. The percentage of whip~ings on the t~to.l number of aU pun!sh!llents was 10·8 as compared with 13•6 m the precedmg year. In tho. maJor~ty ?f -cases whipping was inflicted for o!Ienccs of theft, tho number of str•pes bemg m tho majority of cases ::i to 10. ·

30 Exeludin"' the number of appellants 'vho died and tho number of · . " those whoso appeals were pending at tho close of tho

Statement No. VI. year, the result of the appeals 'vcre :-

ll ejected ••• in 41 per cent. cnscs. Sentence confirmed in 28·7 ,. ,,

,, en ha.nced m · 2 , ,, , rc.J.uced in 9·7 , , , reversed in 19 , ,

Otherwise disposed of in 1•4 ,. ,,

31. Of the total number of appeals decided, 49 per cent. were disposed of by District :Magistrates and other :Magistrates invested with appellate powers, 37•8 per cent. by the Courts of Sessions and 13·2 per cent. by Superior Courts.

3:.?. In revision the sentence was enhanced in the cases of 20 persons. The gencrar results of revision are compared with those of appeals in the following table :-

Proceedings quashed New trial or further enquiry crdered Sentence reduced or otherwise altered Sentence reve:sed

...

In Revision.

In the case ... 27 penons. ... 111 " ~.. 68 ,, ... 176 . IJ

In App"'IL

ot In the ca.se of 12 persons, 67 "

Gl2 1,198

" 33. Persons tried by Jury and with the aid of Assessors numbered 335

Statement N~. XIIL and ~,388, respectively. In the. Courts of Sessions the . . verdict of the Jury was approved as regards 211 out of

237 accused persons and d1sapproved as regards 26. In cases tried with Assessors the Judge agreed with all Assessors in 65·4 per cent. of cases with soma in 9•7 per cent. and differed from all in 24·9 per cent. '

· Ills Majesty's High Court of J Judicature, ..tl.ppellate Side,

Jlombay, 14th September 1910.

R. E. A. ELLIOTT, Registrar.

To

Sir,

15

No. A.-84:9 of 1910,

Oourt of tlie J1:diciuZ Commissioner of Sind, Karc!clti, 14th J1tly 1910.

LILAltAl\I V ATANMAL, EsQUIRE, Registrar, Court of the Judicial Commissioner of Sind.

TnE REGISTRAR, High Court, Appellate Side, Bombay.

I am directed to forward the accompanying report on the administration of Civil and Criminal justice in the Province of Sind for the year 1909.

2. The Annual Statements Nos. 1 to 14 accompany and also the reports . and returns received from the District and Sessions Judges and District 1li agistrates of the Province.

I have the honour to be, Sir,

Your most obedient servant,

LILARAM V., Registrar.

17

REPORT ON THE ADMINISTRATION OF CRIMINAL AND CIVIL JUSTICE IN THE PROVINCE OF SIND FOR THE YEAR 1909.

l'RELIYINARY REMARKS.

The Court of the Judicial Commissioner was presided over by Mr. A. Lucas, I. C. S., from 1st January to 30th September, by Mr. R. Knight, I. 0. S., from 1st Octob~r to 22nd November, and liir. M. H. W, Hayward, LL.B. (Cantab.), Bamster-at·Law, I. C. S., from 23rd November to 31st December 19u9.

The following were the Additional Judicial Commissioners:-Mr. H. N. Crouch, LL.B. (Lon.), Barrister-at-Law, from 1st January

to 31st December 1909. ·

Mr. E. M. Pratt, I. C. S., from 1st January to 18th May 1909, Mr. R. Knight, I. 0, S., from 19th May to 30th' September 1909.

Mr. M. H. W. Hayward, LL.B. (Cantab.), Barrister-at-Law, I. C. S., from lOth October to 22nd November 1909, ·

Mr. E. H. E. Leggatt, L C. S., from 23rd November to 31st December 1909.

2. There were on the 31st December 1909-

2 Sessions Judges. 3 Additional Sessions Judges (including First Class Subordinate

Judge, Hyderabad, exercising powers of Additional Sessions Judge), 6 District Magistrates. · 13 Sub-Divisional Magistrates. 3 Cantonment Magistrates. 16 City and Resident Magistrates. 39 Other ]'irst Class Magistrates. 61 Second Class Magistrates. 62 Third Class Magistrates. 11 Sanitary Committees and Boards under Bombay Act I of 1889,

Of th~ above Magistrates 16 'were Special and Honorary Magistrates. 3. There were on the 31st December 1909-

3 District Judges (including the Deputy Commissioner, 'fhar and Paikar).

1 Joint Judge. 1 Assistant Judge. 3 Small Cause Court Judges (including Cantonment Ma;istr:tte,

Karachi, ex:erci~ing powers of a Small Causa Court and tho Registrar, Small Cause Court, Karachi).

: 3 First Class Subordinate Judges (including Registrar of the Court of the Judicial Commissioner).

14 Second Class Subordinate Judges. 21 Revenue Officers exercising Civil powers in Thar and Parkar.

4. The Judicial Commissioner spent about. a month on tour .inspecting the Criminal and Civil Courts of the Province. A general tendency IS observed

, to have recourse to arbitration-proceedings in order to avoid the control of the Deccan Agl'icultmists' Relief Act..

D 931--5 .

18

5. The total receipts of all the Courts are Rs .• 4,96:383 and tho total charges Rs. 9,06,298 during the yea.r under report, dtsolosmg an excess of Rs. 4,09,915 in expenditure over recetpts.

Orimirzal Justice.

6. The number of offences reported shows a decrease while that of offenders shows an increase as compared with the preced~ng year, the figures being-

1908 1909

Year, Ofl'•neeo reported. Ofl'enderL

... 25,782 23,767

54.,3!0 54,861

---1-----2,015 +521

The figures relating to· offences eventually returned as true show a corresponding decrease as compared wi~h the previous year as shown below:-

Ofl'encea retnrned Number of offender• Year. utrue. in case~ returned &I true. ·

1908 ... 21,268 42,398 190~ ... 19,654 4.1,980

-1,6U -418

'l, The number of trials fell from 19,952 to 19,852 and the number of persons tried rose from 45,453 to 45,745. The number of persons remaining under trial at the end of the year under report also rose from 4,723 to 4,8:16, There were 46,028 persons under trill during the year under review before the several Criminal Courts, including the Court of the Judicial Commissioner. The following table exhibits the result¥ contrasted with the figures in 1908:-

Convicted. Total number Acquitted

Year. of penon• or under trial. di10harged. oa ... gular Onao.mmar1

triaL trial.

1908 ... 45,846 29,534 8,222 2,729 1909 ... 46,028 30,210 6,544 3,862 -+182 +6761 -1,678 + 1,133

B. The following table shows punishments inflicted in 1909 as contrasted with those in 1908:-. .

• Imprisonment. I Whipping. l Year. Death, Tranapcr· Peno01 Por10n1 tation. Fine. ordered impri1oncd

Rigoron1. Simple. to furnish for default. . ~eeurity, &.o .

1908 ... I 28 68 2,646 163 7,259 1751 1,350 93(S 1909 ... 18 38 2,482 132 6,896 168 1,061 768 . The fines in 1909 amou~ted to ,Rs. 97,048-5-2 as against Rs. 97,353-13-5 1n 1908 and the co.mpensabon pa1d to accused persons in 1909 amounted to Rs. '7,214-7·3 as agatnst Rs, 6,766-10-6 in 1908,

19

9. Partic!llars as to results of· trials in the different districts (including ·the 25 persons In the Court of the Judicial Commissioner) are given in the following table:-.

I Acquitted I Reforrod under District Of Under Convicted. Died or Remaining Section S07, On dormant trial, or esca.ped. under trial. Criminnl file. discharged. Procedure

Co do.

Karachi ... 8,318 4,582 2,954 36 734 2 10 Hyderabad ... 13,926 9,576 2,405 147 1,798 ... . .. Sukkur ... 7,G78 4,843 2,234 32 569 ... .. . Lark:!.ua ... 9,812 7,427 1,390 13 !)82 ... .. . Upper Sind Frontier ... 3,4211 2,403 864 3 155 ... ... Thar and Parkar ... 2,561 1,377 537 30 617 ... ... Court of the J' udicial

Commissioner ... 25 2 22 ... 1 ... .. . 30,210 110,406

---45,745 261 4,856 21 1_o

10. The following statement shows the work done by the several ·Courts (including the Court of the Judicial Commissioner) for three years :-

1907, 1908. 1909. .

District of c .... Appeals Case1 Appeals Cases

dioposed of. disposed of, dispooed of, disposed of, di•posed of.

Karachi ... 20 !)3 31 159 27 Hyderabad ... 93 301 78 280 85 Sukkur · ... ,} 101 276 60 248 99 L6.rk!tna ... .

Sessions the last

J.ppcala disposed of.

120 218

253

11. The number of offences affecting life and attempts at such offences rose from 117 in 1908 to 164 in the year under report. A large proportion of ·this class of crime arises from intrigues or supposed intrigues with women. The following statement shows cases of murders and their motives during the ]'Car under report :-

Diotrict.

Kurltchi Hyderabail

... Sukkur ... L!l.rkana ... Upper Sind Frontier Thar and Parkar ...

From motivea connected with Other co.uaea.

'!Omen.

3 3 11 21 8 4

19 7 .8 3 4 ...

12. There was an incre:J.se in the number of offences under the following .heads:-

i. Offences against the public tranquility. ii. Contempts of the lawful authority of public servants. iii. False evidence and offences against public justice. iv. Attempts at offences affecting life. v. Hurt. vi. Attempts at hurt.

vii. nape. viii. "{!' nnatural offence. ix. Attempts at theft. :x. Extortion.

2Q

xi. Cheating. .. Offences relatin0"" to marriage. xu.

xiii. Criminal intimidation, insult and nnnoynnce. There was a decrease under the following heads :-

i. Offences relating to ooiDs. ii. Offences relating to weights and mensurcs. iii. Offences affecting the public health, safety, convenience, decency-

and morals. i v. Offences affecting life. v. Causing of miscarriage, ~juries to unborn children, ex:p:>sure of

infants and the concealment of bU"ths. vi. Wrongful restraint and wrongful confinement. ·• Criminal force and assault. vn.

viii. Kidnapping, forcible abduction, slavery and forced labour.

ix. Attempts at rape. x. Theft.

· xi. Robbery and dacoity. xi.i. Criminal niisappropriation of property. ··· Criminal breach of trust. :Xlll.

xiv. Receiving of stolen property. xv. Mischief. xvi. Criminal trespass. xvii. Offences relating to documents and to trade or property marks.

xviii. Defamation. xix. Offences under special and local laws. xx. Attempts at offences unde.r special and local laws.

·13. The power of requiring security for good behaviour from bad charao• ters was less freely exercised in the year under report than in the preceding year, the number of cases being 866 as compared with 973 in 1908.

14. There was a decrease in the year under report in the number of frivolous and vexatious complaints dealt with summarily under Section 250, Criminal Procedure Code.

15. Applications for orders of maintenance were less numerous in tho year under review· than in the preceding year. 'rhe orders granted numbered 15 out of 97 applications against S out of 106 applications in the preceding year.

16. The number of individual appeals disposed of in the year under report was 1,791, i.e. 461 less than in tho preceding year. Out of these the sentences were left unaltered in 1,43:1. cases and were reversed or varied in 357, that is tho sentences were maintained intact in close upon 80 par cent. of the appeals. The above appeals were thus distributed:-

Magistrates' Courts ... ... 822 Sessions Courts ... ... 776 Court of the Judicial Commissioner-Sessions Cmnt

Jurisdiction ... 193

The criminal appeals in the Court of the Judicial Commissioner of Sind show an increase of t2 wbilo those in tho Courts of Sessions and the JUagistr~tes' Courts show a decrease of 141 and 362 respectively.

17. During tha year unde" report the cases of 212 persons wore examined in revision by the Court of the Judicial Commissioner of Sind. The Sessions

21

Courts examined the oases of 424 and the Dist • t M • The principal results of this revision were that~ ~gtstratas of 369 pflrsons. redu~ed or otherwise altered ani 62 reversed. In s~ ence3 1e~e enhanced, 6 oeedmgs were quashed and in the case of 3 e oase o . persons pro-enquiry were ordered. 0 persons now trtals or further

18: The ,following tabla shows the criminal work (a art from th · · of Magtstrates Courts\ disposed of by the Court of th Jpd' . 1 C e t;nspectlOn H'b Co t J · d" l · e u tcta ommtssto!ler-19108 andu~he a'%~~r~ ;~~h~ne!~oo{~~: ;~a~e~~eport as compared with that of

De1eription of work.

Criminal appeals ... l Cases referred · under

Section 307, Criminal Procedure Code ""/

ases referred untler Section 341, Criminal Procedure Code .. I

onfirmation cases ... eported cases under !section 215, Crimina Procedure Code ,,, eported cases unde1 Section 4'38, Criminal Procedure Code ...

Criminal reviston other-wise than on applica· tion ... • •.

Criminal revision on application ·... . ..

Applications under Sec-tion 498, Criminal Procedure Code ...

Transfer applic~tions nuder Secnon 526, Criminal Procedur• Code ... • ..

Arrears on 81n

Decemler 11101.

12

1

... 2

... 8

...

2

Filed.

85

4

1 12

... 70

19

91

4

27

1908.

I Diapoaed of. 92

4

1 13

. .. 68

19

95

26

Arreara on8ht

December 190S.

... 4

3

FUed.

103

1

17

2

38

B

78

4

1909,

Disposed of.

1

16

39

14

68

4

. 35

Arreau on 31st

December 1909.

13

...

1

3

5

The. cases of 23 persons were referred to the Ooart of the Jttdioial Commissioner for O"nfi.rmation of the sentence of death, In the case of. 18 the sentence of death was confirmed, in the case of :2 it was commuted t; transportation for life and . in the case. of 2 the convictions and sentences were reversed and the accused acquitted, the case of 1 person remaining under trial at the end of the year.· One o•se involving 2 persons was referrdd to the Court of the Judil'i .1 Commis$ionei' of Sind under Section 307, Criminal Procedure Code, in which bc.th the kccused were convicted.

j . . CIVIL· JUSTICE~ 1!>. The total n!l~ber: of Civil sui.ts institute;! in Sind during the year

under report was :l~,93l as comp1red with 27,250 In 1908. The numbers in each of the District Courts including the Court of the Judicial Commissioner-District Court Jurisdiction-in the two years were-

1908. 1909,

Hyder a bad ... 8 93 Sukkor-Larkttna 22 o· ~:> Thor and Parkar ... 9 . 12 Court of the Judicial Com·

492. I missioner-District Court Jurisdiction . 518 61131-6

22

20. The followili~ table· shows the nature of suits principally filed in the province during the years ~908 and 19u9 :-

:Money and moveable property ••• :\Iortgoge Immoveable property .

1908. 1909.

16,795 1,254

901

19,897 1,162

763

21. The total value of suits filed during the year under report was lls. 1,37,47,803-5-10 as compared with Rs. 1,09,01,731·5-7 in 1908 •

. 22. The total number of suits disposed of in the Civil Court~ in Sind was 29 869 as aooainst 27 765 in tbe precedin.,"' year. The follomng table

' • 0

• 98 exhibits the manner of disposal in 1909 as compared with the year 1 0 :-

Manner of dispol3l. \ 1908. -1 1909.

Without trial ... Compromised ••• Decreed on confession Decre•d e:r:part1 ••• Dismissed ezparls -•.• By arbitration ••• Contested

···I ::·1

7,556 5,044 6,346 2,071

160 3,701 3,884

8,272 6,1PO 4,41>2 2,4f>1

162 4,153 4,185

23. The number of sui~s pending at the close of the yea·r was 3,897 out of which 1,728 were pending for more than three months.

24.. The average duration of contested and uncontested suits in the District Courts, including the Court of the Jud!cial Commissioner~Vistrict Court Jurisdiction-was 2:,7 and 121J respectively In the year under report as against 202 and 186 respectively in 1908.

25. The number of miscellaneous judicial cas'!& for disposal before the ' Courts was i ,990 as against 2,0i8 in 1908. The number disposed of was 1,669

as against 1,800 in 1908.

26. The number of Civil appeals before District Courts, including the Caurt of the Judicial ComJll.issioner- Uistrict Co11rt J urisdiotion -wa~ ti54 as against 564 in 1908. Of these 384 were disposed of as comr.ared with :\46 in 1908. The. number of Civil app .. als disposed of during the year under report as a ontraRted with the prect ding year is as follows:-

1908. 1909.

Hyderabad ... 143 138 St.kkur-Lark,na ... ... 185 218 Thar and Parkar 5 11 Court of the Judicial Commission· er- District Court Jurisdiction., 13 17

· 27. The averaga duration of appeals in the District Court8 during the year undPr report was 181·74 and in the Court of the Judicial Commissioner.,. Di,.trict Court Jurisdiction-263•13 and High Court Jurisdiction--252·92 as against 149·39, including Court of tho Judicial Commissioner- District Court Jurisdiction-and 34;1."85 High Court J udsdiction-respectively in the year 1908.

• 23. There were in all 2'',932 applications for execution before the Civil Courts, including the Court of the Judicial Commissioner- Ui:strict Court Jurisdiction-as against ~1,115 in 1908. Of these 18,011 were disposed of as against 18,339 in HIU8. The amo11nt realized in exeo11tion of decreos durin'" the year under report was Rs. 2,51,683·14·10 as compared witll Rs. 3,

23

in 1908. Moveable property was sold in 216 cases as against 176 in 1908 and attached, but subsequently released in 271 as against 257 in 1908.

29. The following table shows the Civil work (apart from the inspection {)f Civil Courts) disposed of by the Court of the Judicial Commissioner-Higb Court Jurisdiction-during tha year UI¢er report as contrasted with that o[ 1908 and the arrears awaiting disposal :t-

' ' Descrip~ion of wotk.

• .J.pp•al•.

First Appeall ...

Second Appeals ••• :Miecellaneona Appea'lll

.J.ppUcaliOfll.

Section 2&, Civi\.Procodure Code ... Order "- Rnl& 1, Fint Sc]lednle, ; Ciril Procedure Code ••• .. . ;Sectioa 11&, Civil Procedure Code .. . Section 114 Ci•U Proeedure Code .. , Ser·.tion llOJ Ciyll Procedure Code Section 25, small Cause Court Act. 1 Under Ac\ X of 1865 . .... • .. Under Act IV of 1869 . ••• .. . Under Act XVlll of 1879 "" .. .

24

47 9

1

8 3 l q

44 13

lG

4 7 3 1

2i 6 1 2·

!

30

57 17

I 17'

I 13 ;; 2

23 .. 1 2

52

34 5

' 2 1

7 2

22

1 14 17

9 23 4

63

GZ 3~

21

5 12 12

1 28 6

. ..

4.()

24 4

1

4 6 8 2

LILARA.M V., Registrar,

\ •One restGrcd

to the file, tOne restored

to the file.

Co~rt of the Judicial Commissioner of Sind.

• JUDICIAL STATEMENT

To'l'loL NvMan o• ClPrl(l .. l &lnor•rwo I N'nmOOrot Oaun••• oa Annt.•n JvabloJcrJOif, lllvl•lonl tor eourtl under Namb1r Number Ju~,f:or .1'ud11 .. • Chlaf of ot Ma~ or Dl .. Ju:~r" Nam1 ol PrOildeuoy, .Area. Population. Oourta bat Dlo· Ill .. lu,tl(t'• or Court• J••r,::• ol lrl .. auperlor tr1ota. trto&&. Ohluf 1uperlor Ctld Conrtl other t.o the Court ol 10 tihlot Oonrt1 of o•b•r Oubo Cblof Pro'lo• Court~ Diltrlotl, than onHnat. C"rmrtl of or Chl.,f Court•. l>iltrh.1o, DlltrJct• Court1, ' ----- ,_ - 1---

1 I D ' I 8 7 8 II 10 11 . I

. I Territo., ••i'Jecl} .. to tht lgh Clril ... 77,fil 13.$11,831 ... 11 1oa (2)8 ... (•117 (•l 37 (1187

Court. I? r Ill• • 4•••1 of Com• "•1· '

Territo,.,. DLt} 47,789: 8,!1!,608 3 18 (~13 (4)' (/18 l' oabjeoh to the ClrU ... ... ...

~ Bi~b C~nrt. '

------- - ----- - -- - - . Tot.al ... 126,06, 18,62!,6~ ... l8 liS 11 ... II 43 1011

I .ll"olu.-Columo 1.-Bnb-head "Total."-Tbo entrloo to be made bore willobow tbaaraa and population of tho on tiro Preoldonor,

• total work dona by them, with the lloanolalrcoulto, Col.....,16 ond 17..-Tba Judicial reoalpto ond chargee ohonld be ohowu oo 1 wbola,juot oo tbcJoppeula tho ~nry

~tatemene all.ot11i11g tJle num~lr of Jwdicial Officer• 1:1ercising Origi11al and A/'pellall

ZuropeaDio

Chisf Jnotica and High Court Jndgea ... ... 6 Judicial Commioo\oner aud Additional Jndielal Cdmmlaoionaro o 8

Sind.

District Jndgco ... u Joint Judgeo .• . .. 1 Aulstant Judgeo

'" .. 8 . Small Ca010 Court J udgao .. .. • 8 Snbozdinata J u

25

No. 1-(Cmt). • e:ccrciaing 4ppcllal~ or Original Juriadiction in tits Pre1iae"cy of Bom~ay toil II tits Coat of 1'ribunala.

--------- --ToTAL NV IlDia 01 CUll DICJDMD, .

--- --Orlslnlll. AJ•poahl,

Totnl tOC'olpf.s or Total chnrgo1 . tl.w Cour\•• Qr the Cuurts, UIIIIARU,

Bt•plllr, },fl .. Uotiular. Ml•• oollluJeoUio oolhmuolll,

lZ 18 u 16 16 17 18

n •. •• P• Ro, •• p. \ (•) !ncluclco tho Chiol Juatico and tho lnopootiug Jligb Ccnr& J udgo, (h) Iuoludoo tbo two Additlonol Judicial Comm ;1•

atonora of Rind. (o) lnoludoo 2 Jolut Juclgoo, Tho Diotrlct Judp;o

of Poona l• a.1•o etJ·ojJloia Agont for the 108,308 a1,1o7 3,584 226 80,68,410 0 0 •7,01,617 0 0 8ardd.n tn the Uoc~Bn.

(d) Include• 1 Joint Judge, a.nd 1 Doputy Comml1-. 1lonor exerct.ing t.he powcn of a. DI11trict . Juclgo . I

(•) Includoo 8 Aoolatant .Tndgno1

8 ~mall Couoo ·Court. Jndgea, 16 Fir11t Cln11 t;uborllillllt& Judgc•,3ltogi&trar• and 2Ca.ntonmcnt Magi3• . tratca, exercising Civil powcn, but dooa not

29,809 a,7oo 601 ~1 4,96,888 0 0 9,03,298 0 0 include 2 ln1pecting Firat Cla.HI Huhordlnate .. Judgct who do not excrcite Appolla.to or OriKfual Juriadictlou, .

(j) Jncludco 1 A11io!Ant Ju

-

!\a me of Pre•hlencJ.

1

26

JUDICIAL STATEMENT Statement alwwing tAl number of Judicial Diviaio111 and the n11mbe1' oJ O.f!icerr

on the laat day of tk~ year 1909,

TOTAL NVMBBR or 01'PICJlll IXJ!I.CIIIIB& Number Oaaoii'I&J. oa Ar:rBLL.t.T• JulltiiDJ~;TtOII,

f Oi\·taiont for Court.e Number

undl'!r Number ol Ju~1f:r of Jod~t'l

Chief ol Sub• ofDiSo Tudllet A""' Populo.tion. Conn. but Di•· Dia· Jtutll'ell of Court a Jud~CII of trl('\ ol othe tuperior tricu. Cblcl Chief Conrt1

to the tri.ctl. Oonrl of IUJ't'rior Cnur111 nf other """" to Cbi11f ordinal Chief ProTinoe. Court.l of District• tbrm Court.. Courts of Chief - Diatrict.a. Diltricte. CuutU.

--------9-1~1~ ll 8 ' 6 6 7 8 .I

oubject . to CrimiD&l Territory {

tho HlJ!h ~ (•) l•l ... 20 %00 (•) 8 - 1.91 43 (t}78 (.1:) 379 Court. FrNJidcncy i,

of Bom-, boy.

• l,, ...... ,l . ~ uot •u~.ect Criminal (b) (d) ... 8 60 (fl 8 ooo (A) 11 (J}27 !!) 161 to tho lJ!h •

Court. • I -

. - --- -- - -· -0 . )

lotol ... . .. ...... ... 26 200 11 ... 64 105 630° I .. I I

0

lfutu.-C'olumn 1.-Sub-he&d "Total. "-The entnea to be made here 1nll•boW' the aroa and populo.t1on of the ent.ire Presidency, the tou.l work done b7 them, with the ftnaocial re.ult•

Colum111l6 and 17,-Tholudicial receipt. and chargeo obould be ohown •• a whole, juot u they appear In the Treaaur:v

Statemeat aho111ing the number of Judicial Oflcerl ezerci.ing Original and .J.ppellate

EuropeaoL

Chief J ustioo and High Conrt J udgca "' 6

.Judicial Commisatoner and Additional Judio:at Commissioner• in 8 · Slud.

Session I J udgoe

Additional SeBOionl J udgeo

Aasistant Sesaion1l ad gee

Magistrate., Finfi Clnla•

" .. Third Clasa•

Police Pa.tel1

Hir Majsaty'1 Ili11h Court of J11dicature, .Appellate Side, B'mbay, 14th Septem~er 1910.

... ...

...

11

'" ... 6 • 3

...

... 7

. .. . .. 6

... ...

27

No. 1-(CRlMINAt). exercising Appellate or Original Jurisdiction in the Presidency of Bom~ay witk the Cost of TribuNals.

-Tout. NuKau. o1' Cu111 DJciDan.

Original. ' Appea.lt.

Total reeclpte of ' Total ohsrget RIMAUI the Comta. of the Courts.

Regular. Mia- Regular. lfilfo eellanoou• oellmneone.

---12 13 a 15 16 I 17 18 -

I Ra. .. P· n .. •• P•

126,203 2,112 8,325 1,232 89,63,,10 0 0 •7 ,61,617 0 0 (al to (dl: See columna 2 and 3 of Statement No. 1

. . (C•vil).

(•) and (fl. (CivU).

See column 7 of Statement No. 1-

(g) and (h). These a.re District Magistrates, Prest dency Magistrates, Deputy Commissionera in 8intL Ses1iona Judgea and Additional Seasiolls Judgeo,

(i') •nd {j). These are Assistant Collectora, Deputy Collectors and Assistant Seuion1 J odgea.

19,94l 1,301 1,243 635 4,96,383 0 0 G,06,298 0

(k) and tn. Theoe are aU etipendlary ht, 2nd and 0 Srd Cla.sa Magi.ttates other than those thown in columna 9 and 10.

• Besides these, tbere were 61 S:fecial and 182 Ilono~ rary Magistrates, 15,67 Pollee Patels and 171 Sanitary Committees and ~•nitary Boardo • .

t These are &11 cases of Revision under the Code of Criminal Procedure.

14.5.a7 a,na 4,568 1,767t 44,59,793 0 0 56,67,915 0 0

I [ ..

the a.vernge number of DlBtncll and Sub·D1strtctl for Cr1mmal purposes, the aetn~l number of pel'BODI exercumg jurlsd1et1on, and

account&, e&.re being taken that the ch&rgea on account of buildinge are }ncluded in column 17.

luri&aiction, botk .European1 and Native•, is tJ.e Presidency of Bombay, incl,.ding .~inti,

Natlv81.

6

8

2

253

288

15,671

ncmarb.

• Tbeoel•olude 29 District Magiotrates, fo Presidency Maglstratelj 2 Deputy Commis•ionen in Sind, 43 Aaalsta.nt Collectors, 67 Deputy Collectors, 81 Spocial Magistrate• and 18a Honorary MagiBtrate••

N, D. GHARDA, Assistant l!egistrar.

28

JUDICIAL STATEMENT No. 2-(CRIMINAL).

Stateme11t of Offences reported ana of Persona tried, convicted a>td acquitted of each claBB of offence in tlte Presidency of Bombay i>t tlte year 1909.

~UIIJU OP hao111 Ca~~~Min whi(.·b BBV.lll:l.

Undorl I Cue~ Com· 1-------dla- pla.in· Number .,.,.... miMed aota Partlcnlan or Description o[ Ollence.

Number ol

oftences reported.

Number ol .....

returned u true.

hrougbt to trial during

the J'e&l'o

under were CJlumn 8 IOl'tloo fined 1--,....-..:::...:::.::.___

:.!03, undor trial Died

during INC&~ the year, Acquitted or tnm.! includ_ing or die- Con't'lcted, tarred kt Crimi• 1ectioo pendmg ~barged, another

p:e~J:ua Province. nal uo.

Prooe- Criminal Died. E•~p-dure Proce. e ...

Tmn"· fcrr..,•l.

;rear,

------------1---'---1--- ------1 2 s s 6

-------------1-------

Ofrencea against the State-Chllpter the Indian Pcn&l Code ••• • ••

Oifences relating to the Army and Na,·y ··• ••• ••• ,

flffences against the public tranquility ... .... ••• ,

Attempts at do. ~ ••

O!TI.'ncea by or relating to pub. Eo ser,·ants uo .... • ..

Attempts at do. . .• l:onternpts of the lawful authot~o

ity of public sernnts ••• Attempts at do. • ..

Fahe evidence and offences against public justice •••

Attempts a' do. •·•

Otrences relating to coint ••. Of:lencee rela,ing to Govern•

ment Starn pa ••• .... ... Attempts at olfencea relating to

coins and Government Stampl

Offences relating to Tl'eighta "I.Dd measures... ••• • ••

Attempt. at do. ...

Offences affecting the public health. &&fety, convenience, decency aqd morals··'! •••

Attempte at do. • ••

(ltr.ences relating to religion ... At.tempta .. do. • ••

..

.. .. ..

..

" ..

VI of

VII

VIII

IX

X

XI

XII

XII

Xlll

XJV

XV

(Olfenoeo alfecting life .. .

1 Atwmpto ali do. .. .

Causing of miscarriaste.

I injuriea to unborn children, npoaure of infant., and the con-cealment of birth• •••

Attempt. at do. • ••

7

1,431 6

121

56V

891 10

92

13

109

903 '1

36

535 u

Hu.rt ••• Att-empta at do.

... 23,798 69

Offence• affecting Wrongful J!eltra.int and \he haman body 1 I wrongful confinement. C4opter XV~. Attempto ot do. ...

I Criminal fo,.., and usault ••• ••• I Attempt oat. do. ... Kidnapping, forcible

?93

6,659

'

7

1,139 6

111

560

i'16 10

91

13

107

890 7

30

65

M7

5,961 i

6

1,167 6

111

567

7S2 10

91

13

112

666 8

33

g

8,003 41

1e9

9i9'

.

1,101 12

108

a

121

1,162 7

102

608 1,162 56 B'

• 7f1 89 ... . ..

'"

5,212 l3

66

398

'"

487 3

2P

&

41

281 1

81

492 41

88

21,368 67

£6,5~1t 60,776 156 103

5,562 8

1,603

12,695 7

10,422 3

7

6

86

487 g

71

9

77

861 2

17

3,751 • 85

171

2,009 1

&bdqction, •lavery and forced Ia boar... ... 829 186 199 573 287 U1

Attcmpt .. t do, ... 8 3 8 8 2 4

Code. d•ne

8

18

't

1

1

5

9

8

768

18 ... 66

150

6

8

19 4

"

269

10

8

114

1

2

13

6

187 40 11 8

., 7 ou I ...

45 1,956 2,416 l8 2

1

6

13

84

258 8

132 2

578

uo

Code.

10

23 u

'" 1 1 6 ....

1 2 ' 1

1

131 22

2

...

2

...

1 •••

... . .. ••• I -.,

23 ...

2 ...

1

10 8

Rape ... ··• ... 92 76 83 JU 8t 85 16 15 Attempte at do. ... 5 4 6 6 3 2 ::: ••• 1 ••• ... ... • ••

-.~------lu_._•_•_t_•n __ l_•~_ .. __ • __ • ___ ··~·------84--~-· 811 1_ ____ 3_2 _____ 5_J~--·--~2-9_I _____ 1_!9 ______ L-~'~---a-l----2---L---~----Atwmpto at do. ... 1 1 J 1 ;;; ... ... ::: ::: ::; ;;; t One on 4urma.ut Ole. t Tbrto ~n dormant 6lo.

29

JUDICIAL STATEMENT No. 2-(CRIMINAL)-continued.

NoKna OP PBRIOlfl Cuealn }h,K,UU, which c .... Com • . , .. plo.l. Number Under Dliascd nantA Partlcula~ of

Numbor Number of CBICI trial onder were Column 8. DeacripUou ol Offence. of ot ..... brou~ht during l Died, Ro· IIL'Ction ftnod cft'enceiiJ r~turned to t.r1al the yelll', Acquitted eiiC&ped, main· 2U3, under reported. •• true, during lnoludlng o di&- onvleted or tran .. u1:fer Crimi• ecct1on the year. pending r ' furred to nal 260,

I rom Cbluged, another

kial. Proce- Criminal Dlod. EecAp- Trlllll·

prevloul Provlnce. dure Prood• ••• ferrcd • Code. dure rear. Code, --- -------f-1 2 3 ' 6 6 7 8 9 10 ------ ------

7g I~.~ I r'l'heft ... ... . .. 10,466 8,238 9,866 14,162• 4,898 8,919 117 786 1,158 25 6 Attempto at do. ... 813 271 266 442 169 260 ... 83 40 ... .. . Extortion ... ... 100 69 67 175 1111 88 ... 23 81 ... .. . .. . ... Attemptoat do. ... .1 1 1 1 ... 1 ... .. . ... . .. .. . ... .. . . Robbery and dacoity ... 696 448 f58 1,491 774 633 7 177 U1 7 2 I ' .A.ttempto at do. ... 8 8 4 8 7 1 . .. ... '" ... .. . ... . .. . "'· Criminal misapproprla-

tion of propertl, ... 679 496 498 823 612 154. 8 69 182 2 ... 1 2 Attempto at , ... ... ... .. . ... ... ... ... .. . . .. ... . .. .. . ... Criminal breach of trnot. 1,762 1,208 1,213 1,597 9011 652 11 131) 51V S7 1 3 7 Attempteat do. ... 1 1 2 2 1 1 ... .. .. ... ... ... ... .. .

Offence• againal propert{J, Chap· terXV L Receiving of otolen pro-

perty ••• ... ... 1,088 1,024 1,031 1,495 568 8211 8 95 60 ' 1 7 .. . Attempto at do. ... 4. ' ' 6 . .. 6 ... ... ... ... .. . . .. ... ' 1,048 755 6 2 8 Cheating ... ... ... 71!0 1,169 667 384 10 lOS 288 ...

Altempto al do. ... 24. M M 27 a 2i ... #:- .. . ... .. . ... ... Fraudulent decdo and

diapoeition of property. " 83 85 82 f1 15 ... 6 11 ... ... ... .. . Attempts at do. · ... 8 8 7 14 f 6 ... 2 ... ... ... .. . ... I

r·""· .. 8,973 8,885 8,898 8,V4G 7,836 675 6 430 662 26 4 2 ... ... ... Attempla at do, ... 2 2 8 ' I 2 ... . .. ... ... .. . ... .. . Criminal trespass 8,548 8,014 2,995 6,422 4,559 1,568 10 287 489 45 3 5 2 Attempto at do. ... 21 a1 n 28 8 21 ... • ... .. . ... ... .. .

Olfencea relating to documento and to trade .

or property markl, Chapter XV III of the Indian Penal Code ... 135 79 87 181 122 411 5 20 56 ... 1 8 1

Attempto o.t do. ... ... ... ... 1 I 1 ... ... ... ... .. . .. . ... ... Criminal breach of contract•

of aervlce " XIX 26 17 16 82 22 9

... 1 9 ... ... ... . .. Oft'enoe. relati;g· to m;riage::: .. XX 1,789 1,226 1,226 3,6811 2,693 821 49 721 659 5 6 44 ... .Attempts at do. ... ... 1 1 1 ' . .. 4 ... . .. ... ... .. . .. . ... Defamation ... ... ... .. XXI 881 810 802 69~ 555 11 . .. 66 70 1 .. . ... . .. Attempt• at do, ... ... ... ... .. . .. . ... ... ... .. . ... ... ... ... . .. Criminal Intimidation, iP1ult

57 1 1 and annoyance ... ... XXII 8,512 7,235 7,252 15,715 14076 9115 5 691) 1,220 3 ... Attempto at do, ... ... ... ... ... . .. ... . .. ... ... ... ... ... . .. ... Offenceo under Special and Local J,awot-

Apprentices Act XIX of 1850 ,, (India) ... ... ... . .. ... .. . ... .. . ... ... ... ... .. . ,Armo Act X1 of 1878 ... ... p 281) 278 281 838 86 240 1 12 2 ... I ... . .. Army Act I of 1881 ... ... ... ,. ... ... . .. ... ... .. . ... ... ... ... . .. . .. . .. llreachea of Contract Act XIII of so 1859 ... ... . .. . .. ... .. 1,855 1,657 1,552 1,886t 1,204 899 30 247 198 ... ... . .. Cantonment Act XIII of 1889 ... .. 2,711 2,711 2,716 3,891 1,178 2,198 I . .. u ... . .. ... ... .. . Cantonment Buteo of 1899 ... ... .. 89 89 89 147 ' 1SV 1 ... ... ... . .. 1 .. .

• Two roforred und.er 1eoUoa 3Q7• t Five on liC!rman& iUe, B 934-8

DeecriplioD of Ole nee,

30

JUDICIAL STATEMENT No. 2-(CRIM]N.A.L)--:continued.

Nnmber ol

offences report.ed.

Number ol .,._

rotnmed u truu.

Cn1e1 Nu11nberf----;:---~-----;---~---~ mf:~

of Under uo1ler _,01 trlnl Died, Reo IOOfi'lD.

brought during esoopt'CI, main· c'"',•·, to trial the ~·ear, At'qn'ltted or tmna. 1" m. d ri Including or di•· Couvlcted. f.-ned to ~::or na.l

th•u .,:!! ('t'ndinK ch&rged. another Proceo

O.L

JUDICIAL STATEMENT No. 2-(CniMINAL)-concluded.

NtrKDiiR 01 PBBliOJU Coscs C'om. plai-Ilt.rltl 1-----

Number or

offences r~ported.

Number or .....

returned as true.

Number 1----;-----:----..,-----,..---lm~!~ of l{~~ir undt~r flued Pnrtlrulnl'lll o( under Column 1!,

Description of Ofl\tnce. C!Uie& Died, Sl.lotlon brought thdurlng ellcoped, Re- 203, t.o t.rial e year Acquitted or trnna· mo.in· Crlml·

Sortlon,_-;---,- -· !:'liO, 1··

during lnclutlng or dia· Con\·icted, fcrred to u'.~i} er nal tho yeu.r, pend ng cha.rgod. another Prooe·

· l~m .Province, trlal, •luro P~?=~• Code,

1 2 8 4 8 7 8 9

Crlml. nal

Proce· duro Code.

10

-----------1-----------------,.-----,--.---

21 ... A 'bkdri Act V of 1878 .. , (Bombay) Boiler Inspection Act U of 1891 ... " City of Bombay Police Act IV of

1902 . ••• ••• •.• ••• , . District Pollee Acta Vll of 1867 and

IV of 1890 ••• ... ••• 11 Frontier (Sind) Regulation II of

1892 ••• ••• ••• ••• ,. Gnmbllng Act IV of 1887 aa amend.

ed by Act I of 1890 .. , ••• , Irrigation Act VII of 1879 ... ., Jail Acta II of 1874 and IX of

1e94. ••• •• ••• ••• ,. Land Revenue Code Act V of 1879 .• , , Marketa a.nd Fairl Act IV ol1862.,, , Motor Vehicle• Act II of 19041 .•• t• Mnnicipa.l tDU.trict) Act III of 1901. ., l!unicipal (Bombayl kct III of 1888, ., Police Regulation Xll of 1827 ... ., Port Truat Acta VI of 1879 and VI

of 1883 ••• .•• ••• ••• , Prevention of Adulteration Act 11 .ofl899 ••• ••• ••

Frotection of Pilgrim•' 4ct II of ~~- - - - ... ..

l'ubllc Conveyance Ac\ VI of1863 , ,. i"ublic Ferries Act 11 of 1868 aa

amended by .Act 11 of 1878 ... ., Rc>gistra.tion of Boats Act I of 1863, ,, ~ale• of Poioona Act VIII of 1866

aumended by Act 1 of 1904 ... ,. fait Act II of 1890 ... ... ... ., Sanitary Board Act I of 1889 ••• ,. 'folia Act Ill of 1875 ... ... ~ Tra.mwa.ya Act I of 18741 ··• ... n Attempta at do. ... ••• ,. 'hamwayo (Ko.-Achi) Act II of 1883. ,. Vaccination (Kanl.ohi) Ac~ IV of

1879 ••• ••• ... ... " Vaccination Actl of 1877 ... ... ,. V .... ta plying on the lndua Act I of

]863 ••• ooo uo •u II Village Police Act VIII of 1867 ... ,1

2,U9 1

25,348

8,664

67

496 89

... 44 1

68 11,496

5,787 62

7

1 6,513

. 19

1 uo

8 33

2,147 1

25,317

8,614

67

494 84

44 1

66 11,374

6,662 62

7

16

1 190

·s 24

9 7

2,146 1

24,666

8,547

44 1

56 12,428 4,278

.. 78

7

1 6,464

16

1 192

5 18

9 '7

2,4i9 1

27,098•

9,965

' 196

51 2

62 1S,235t 4,278

103

7

1 6,616

28

2 219

17 . 18

...

815

613

1,381

50

298 61

7 '"ta' 2,387 2,051

34

5

415

21

9

7 H

9 0 7

4 1

2,086 1

26,676

8,092

145

-1,U3 62

4l 2

47 0,264 2,222

67

2

1 6,157

6

2 210

... .... 6 6

i;7ss i;ios i,7oa is58 Gsa i,'ioD 49 49 49 55 10 45

2

3

74

1

...

237 5

...

... I

1

418

83 82

::~ I 2

1,346

7

43

2

... 6

13

... I ... so 1

1501 ...

2 6

122 125

34

s

9

80 ...

Village Sa.nita!.ion Act I of 1889 ••• , 44 and 45 Vic. Chap. 68 St.a.tute .. . 67 and 68 Vio. Chap. 60 Statute .. .

::: --1

-~-:---1

-g·l---1

~-1- ~ , __ ::_: ·-1----~-1 __ :_::_·1--::_: SU,UI§\126,738 Total ... 157,549 146,955 U6,188 105,417 691 10,552 10,1!81 443

2

42

1

109 5

241

1

1

32

...

128

1

...

408 42

• Flvo- hn.nded over to Military A.nthoritlq, ' t Q handed ovor to MUitaey al,lthoritiua.

t One on dormant File. I Of t.bGit 10 on dormont flle 1 U handed over to llilitn.ry n.utborities, and 2 referred under Sed ion 307.

NoTBs.-Column 1.-(1) "Attemptl 11 should be entered fmmedlo.tely aftflr the ofl'oncea to which they relate. (2J " Abetment•"' should bu included with the •nbat.o•otlve olfencea abet.ted.

· (~J When glvl.ug the llat. of Btf:!o.l and Loool Lawa againat which offences have been committed, Cl\re ahould be tak~n to 11pecify the title- of =-~t!~t o1tb.~ed;.:. we 81 Ita~ number and )"l'6r'. An Act of a loCAl legislature ebould be diatinguiahlld bJ lnlt•o.llett.en ph1oed o.ftor the

Column 2.-All ofi'enoe1 (~) of whloh information WM given, complaint made, or cognizance taken undor Chapters IV, V, XIV, X\"1, Cr. P. C., for tho flr11t ti!Df durmg the year o.re to be ehown, although some ol &he chargee mBJ not ban been prosecuted, or DIO.}' h&ve turned out to b(.l fo.ln. ·

Column S.-Thla eolumn should be tho total of column I leas the number of Ol\111!1 diiJllliued undorsoction 20.1, Cr. P. C., and ](>81 a.U othet cases in whi{·h a Mogid~U declared that the charge was lolae, and tbn& the -oil'unce never ocourred, or which were di11ni~o~~ed ...a friv~Jloul!l and vexation .. and in which the oomplalllllnt Wfll!l fined under 100tion 250, Cr. P. c.

Column 6.-Thill eoluntn ahould be the total of columns 8 to 9. Column 8.-Pen~ons transferred from one Court to another in tAl tGml PrOfJinttJ. are not t-o be entered in this colnmn. Column 9 -A note ahnuld be added in the column of remarkt ehowing tel!Pe

Statement to ~e addetl a1joot-11o!e ta A•nual Jt~tlicial S!atemenl No. II (Criminal), a1 directed by Gow·11med i~a their Lctt~r Na. 3464, dated 8t!l lt~ly1901.

Diecharged. Acquitted,

"" ,; ~ ~ "" ~

.. ...: .; ~; l:l ~ ... ~ "' "' ~ ~ ... .. .. ... .. -= " -~ g l ! " ~ B j = 0 j 0 :3 :;; l .. i a l! 2 I! t • •• "' "' "' "' "' !D - - -----'

1Sl 9U 9 22,020 4.066 10 96 135 ... I 81 . .. Acqu\tted-.. ti• .. "-

~ ..: oil .,; ..: m .,; .,; ~ g :: ... ~ ~ ... :i .. .. .. .. ..

f " g ~ g " " ~ " g .s i 0 ,., = "' 0 ii I! !l J !l ~ 1 1 .... .... "' "' r.lJ .. ~-- --

~ .9 l

. .. -

9,90J 3,635 12,136 G2 47 S,asa 85 '" 17 15,

i I ~ :i .; .,; ..s

33

JUDICIAL STATEMENT No. 2·A-(0n.IMINAL).

Stat1ment sAoltlitcg th1 Getceral R111•lt of th1 trial of Ewropeatc BritisJ. adject1 ;,. th1 Presid1n~ of Bombay itc the year 190.~.

PtRSOWI WBOn CAUl W 11• DIIJPOII&D OJ

BJ Dllltrict Mogl.11tratea and other Flnt t:lu1

Hagiltratet, IJJ Court. of

Sellllon,

l>elarlptiOD. Jf Otfence.

I

011•..,.•-1 the Slate, Chapter Vl ollbe Indlu PenaiOod• •• •• •• •• •• ••

Oft'enae~ retattn1 to the ArmJ and Naq, Chapte Vll, Indian Penal Oode • • , • • . •

Oftence~ apln•i the publlo tranquiUty. Chapter Vlll, Indian Penal Oode •• •• •• •.

Ofl'enoel by or relating &o publlo 18n&nt., Obapte IX. Indian Penal Code • • • • • • • •

Contemptlol tbelawfulautborlt.y ofpubllo eervant.. Chapter X, lndlan Penal Code •• • • ;,

FalH evidence and otreni)GII a~in•t publlo jut.loe, Chapter XI, Indian Penal Code • • • • • • I

Ofl'enOH rela.tinf to Oolo and Oo"remment Stamps, . Chap\el' Ill~ udian Pen:al Code •• •• • • ••

Oll'enoetrela1oinao to wei~tbtll a.nd meaaure1, Cbapt.e Xlll, lndleo. Penal Code •• • • • • • • •

Oflenoee deetlng the publlo health, eafety, eon Teaienoe, d-ecen(IJ' and mon.ll, Chapt-er XIV, 1b41an Penal Oodo • • • • .. .. ..~~

~nell ntaUna to nlJgiOD. Chapter XV, lnd:.... Peoal Code - " " • ,. .. :·.

Offeaed d.eot.lng the buiiWl bod3'1 Cbapter XVL

ap:alnd. Chapter

Ofl'enoell 1orfoctlqlil'e .•• Caulllng of mleoarrlage, tn

jorietlo unborn ohUdreD espoaure of Infanta •.~~ tbe ~eo.t Qt blrtbl

Bun.. .• .. .. Wrongful reatralnt and

•roilglol oonfl.oement •• Criminal force and auault. Attemptl ali do. , . Kido'd,plog~ fomlble ab

:~.d'\bo~t;ve?. a~d Rape.. •• •• • At.lemptl ali n.pe ,. • . UDDatuml o1fronoe •• ••

Theft.. •• ,, •. Attempte atlbert , . .. E:rt.ol'tion •• •• •• RoGbory aod daooity •• Crhninti.l. miJappropriatlon

Cri:O~:fb':!&Gb oi"truel:: ReaelYIDK of atoleq ilroper· .,. .. .. .. .. Cheating •• 1, •. Fnudnfent deoda and d~

Ml:bti~';n·~'-~roPQ~ :: Orlm.lniiJ. ti'CIIpasa .. • • .

orrencaa relatinr to doenmentl and to tnuie , c~:optrt~. mark.~ ·~~t.r ~.VIII..~-~ .Pen~l Criminal brea.oh of -oontractl of aerrlce, ChRpter

XIX. Indian Penal Code .. ,. •• .. O«enoel relating to mRTrlage~ Chapter XX • • • • flefamatton Chapter XXI .. •• •• .. Ctimlnallnlimida.ti.on. inlult and annDJionce, Chap-

ter Ull .. .. .. .. .. •• ~-Ofl'enC81 under Special and LocallloWJ.. ... ••

1

8

.. , ·u

18 1

1 u

.. 7

...

' 1160

Total • • 638

8

I

"'is

liO

'

•

..•

• ' 73

165

Com• mUted

' 6 8

"'

. :.: 1 ,;

'1

7

,.

.. ;.

'·

.. ..

I ..

...

.

.,

II is 1Jfajest,'1 HiqT1 Court of .Twtlicature, AppeUate Side,}· · Bombay, 141J. Sep,tember :fJ 10. ·

ll934-~

.. ~.

"

1'

.. 1

1

8

8

7

19 1

1 10

.. 7

• 950

2

18

liO

' .. •

8

..,

2

' 73

187

Column• 1 to 6,

•. 1

8

•

06

21 1

1 16

12

8

I

8 f2S

.,

..

.. ..

C'olumnl Colnmu otoe. 6toll)..

Colamntll to 11.

Numborwhnu IIINII Wl'rO di ..

poeed (If by

16

.. ..

.. ..

.. ..

17 18

.. .. ..

1

19 20 Jl 22 23

" ..

1 •

I 1

1 ' ..

9 16 ..

ii '9 ::

a 1

8

1 ...

• • .. • 7

3 •

1

• •• 15 s •• \2-d 211~

1

------------•

N. D, GHAHDA, ·Assistant Re,;i.tra.r,

84

JUDICIAL STATEMENT No. 3-(CB.IliiNAL).

81 t t of Mi•~ZlafiCUI Proceeding• wnder ell~ Crir~~lnal Proc~a•re Cot11 tll the Pre~idettc1 of Bo111ba! 11 """ cluring t.l~ year 1J09,

-Total

number of ..... Number of Number of Numberof

R811.1.BlY be noted In the column of remarko of Statement ll againot the complaint. preferred by the111. · . . Column 1, Sub-beadl 2 ond B....Caoeo under oeetiona 107, 108, 109, 110,118, 120 and 123, Criminal Procedure Code, will aloo app•ar undor

the appropriate heod of the Schedule in Statement I, Peno111 convicted under theoe headl and required to· give oecnrlty or reccgnlzanoe uoder oectiuu 120 and 123, Criminal Procedure Code, will also appear In Statement 5.

Column 1, Sub-headl 4, & and a.-c .... under the10 oub·headl wiU not appear In Stotemenlt 2, ' or G. · lury eaaea, udez Chapler X, wiU. boweyer, appear In Statement 13, · .

Hi1 Maje•tt• Higk Cuurl o/.Twclico!ure, .JppeUate Bicl~,} Bombor, 14tll, Septem6er 1910, · •

N. D. GHARDA, Assistant :Registrar.

.: ,

JUDICIAL STATEMENT No. 4.

36

JUDICIAL STATEMENT

'" ' • · · the G1neral Re1wlt ·'Criminal Trial1 l11 th1 Tri&unal• mateJMno '"l'ID"I§ 'U . ·

.. Cl&sl o! Co .. rta.

1

Village Officers ... ... ... Subordinate ll!agistr11tes-

Special M!!ogistmtes under H.

section

sitting Honorary li~~o,oi.stmtes singly.

tit tin~ StipendillfY Magistrates singly. .

Benches of ~oistrates ... ... Sani~ Coqttees alld Sa.nitary

Boards. •

District md Divisi!lna.l Magis· tmtes-- . Cases referred under sectiom

347 and 349, Crimi11111 Procednr1 Code.

Chief 1\{agistl'l\tea of Districts ... Courts of Session ... ,,. . .. Superior Courts ... ... . ..

Tott.l ... •

Total number of

pnsona unde-r mal.

ll

. 2,53%

*24,693

~11,089

* ~54,663 ·- -

48,995

60

223

281!

* 2,145 ·us

"'244,825

Died, escaped or transferred

to another province.

3

, ..

96

151

437

1

.. ,

••!

l

5

... --

'691

Discharged or

acquitted.

4

1,296

14,208

5,916

100,314

3,968

10

106

68

822

:n .

126,738

Sentence paaoed.

5

•

50J

1,881

1,762

. ~2,518

1,4U

28

76

203

1!001

108

-39,4_90

rERSONS WHOSE CASES WERE

Oos

On rogula~lrlal.

Rel ... od on prob&•

tion, Section

Youthful ofrenden dL>al' wit.h under

Section 31, Act VIII of 189i,

562, 1----.----1 Criminal

Procedure Code.

6

•••

I I)

3

216

3

,.,

11

2

2

...

242

Dilcharged after

admoui· lion.

'I

...

...

...

...

...

...

... 1

... •••

• 1

DeUYerad to parent or guard. lao, lo.

8

...

...

... 2

.. . ·~·

2

., .

...

... . 4

0lucludca 10 on doro;ant 81o, I• band~ over

Nor !.B.-Column 1-Sub-head '' Court• of 8eBBion ~ includea caa&a decided by SetBiOlll Judge. on reference 11nder aeetiona 81, Column I.-Sub-head "Superior Court. •• include. case. dP.cided by the Hi