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DEPARTMENT OF
AMMOAL
REPORT
1994-95
L
AJZiJAL 3E9025J .
05' THE
DEPARTMENT OP LAW AA® rAHLI/.ALS1TTAZf£ APJAISS
30K HIE YEAR 1994-35
X3T HOL ■ j CI 10L’:
The Denartrient of Law and ’Parliamentary
Affairs in ths Karnataka Government Secre
tariat has Seven ’Tings t namely:1o Administration
Litigation
3» Drafting
4® Drafting < KannadaJ
5® CodificatIon and Publication
6. Opinion
7« Cauvory Water Dispute Call.
Th@ Administration Wing which is
incharge of the Administrative matters relat
ing to De-nartmont of Lflw and Parliamentary
Affairs also deale with service and Administ
tativ® matters relating to the following
Departments which are under its Administrative
control*
1. Office of Advocate General
2. Subordinate Judiciary
sqio-1,
- 2-3. Directorate of Tranelst ions
4» Directorate of £roseeutions and
Government Litigations > and
5» Karnataka -“egtil Aid Board
Legal Cell at Kamataka Bhnvan is strength
ened by appointing an Additional Secretary and
Legal Advisor to look after litigation in the
Supreme Court.
'fha Cadre Strength of the Qffleerc
functioning in the Department of -“aw and
farllamentary Affairs ie as followsi—
1. Crnftsnan md Secretary to Govoxnuent
2. Additional Secretary (.Opinion)
3. Throe Additional Draftsman and ^z-nfficio Additional Secretaries
A. Three Additional Secretaries (Liti-gation -ing)
5» Deputy SecretarylAdminietration)
6. five Additional Solicitors nnd Exofficio Deputy Secretaries
7. Solicitor i Ihc-Gfficio Deputy Secretary
to Government
8. Three Assistant Draftsman nnd Ujc-Offleio
under Secretaries.
-3
9. One Assistant Draftsman a rd Exofficio under secretary.
10. Four Assistant solicitor and Exofficio Under Secretaries.
11. Three under Secretaries (Opinion)
12. Additional Director and Ex-Officio
Deputy Secretary (Kannada Drafting)
13. Two Assistant Directors (Kannada Drafting)
14. one Research Officer
15. Two Under secretaries(Administration)
16. seventeen section Officrs.
Additional Law Secretary(Opinion) ,
Additional Draftsman and Ex-Officio Additional
Secretary, Deputy secretary (Administration),
Assistant Draftsman and Ex-officio Deputy /
Under Secretaries, Assistant Solicitor and ExOfficio Under secretary. Under secretary
(Administration-I) Under secretary(AdministrationII) and all seventeen section Officers in the
Department of Law and Parliamentary Affairs
belong to the Karnataka Government secretariat
service and other Officers belong to the
Karnataka Judicial service:Directorate of
Translations .
The Litigation Wing of the Department
looks after the litigation work of ths Stats
Government in Courts within the state and out
side the stats including the supreme court•
The Scrutiny and sanction of the remuneration
bills of Law officers in the state* is also
loolad into by the Litigation Wing*
Drafting Wing is incharge of Drafting of
primary and subordinate legislation ®d ecru
tiny and statutory rules* Notifications etc.
Kannada Drafting Wing looks after the drafting
of bills ordinances etc in. Kannada and trane*»
lation of the Bills and Ordinances in Kannada®
She Codification and Publication Wing
of the Department is inoharga of reprinting
of State enactments and also republishing the
Central Ihxactnonts as are useful to the general
public in the State. Seeides* it also publishes
Annual Volume of the State laws passed in a year
and prepare the Code of Volume of Laws in force
in the State.
The Opinion Wing advises all the secratari—
-at Departments of the Government
on legal and Constitutional matters.
ADMINISTKATIOM M:
The main functions of the Administra
tion Wing of the Department comprises of*
1o Appointment of Law officers for
conduct of litigation in the State,
2o Appointment of Motaries»
3. Appointment of Official Receivers,
4. Appointment of Administrator
General and official Trustees
5. Matters relating to the following
Departments * i) Office of the Advocate-General
ii) Subordinate Judiciary
ill) Department of Translation and
iv) Department of Frosecutlone and
Government Litigation
6. Translations of all State Laws in
force in the State into Kannada ,the
official Language of the courts in the
State and ''ublicntlon of Kannada auth-orieed ti-analatione under teiction
5 A of the K-nma talcs Official Lang
uage Act ,1963,
7» Matters relating to the parl.1 '•nentary
Affairs J and
8. grants to Bar Association in the State
QFPICK OP TH 3 ADVOCATE GZdGR-11:
The Larz Officers attached to the High
Court and the Karnataka Administrative
Tribunal are under the Administrative control
pf the Advocate General, normally, the
Law officers are Initially appointed for a
period of three years and if their performance
is found satisfactory, then their appointment
will be continued for a maximum period hf
six years.
On the Criminal side, one ox* more public
prosecutors are appointed having regard to
the quantum of work in the district, This
appointment is made under section 24 of the
code of Criminal procedure,197J. Some public
Prosecutors have also been appointed from the
cadre of prosecutors. Prosecutions in the
i^agistrate courts are conducted by the Assist
ant Public Prosecutors and In the Qhief Judicial
Magistrate Courts by the Senior Assistant
Public Prosecutors who are regular Government
servants belonging to the Department of prosecu-tione nnd Government Litigations.
On the civil side, at the District Head
quarters, the District Government Pdeadera
are appointed and where the work load is
-1heavy, Additional Government ^leaders
are also appointed®
In Taluk places, ".hero there are
combined Courts of Munsiff and Judicial
Magistrate First Class, the civil and
criminal Litigationsare being looked
into by the Assistant Public Prosecutors*
They are designated ae Assistant Public
Prosecutors-cum-Aseistant Government
Pleaders* Government have also entrusted
certain supervisory functions in tnis
regard to the Department of Prosecutions
and Government Litigations.
The. Advocates-on-Becord-are appointed
to look after the Government Litigation
in the Supreme Court. During the current
year, tnere arefour? Advocate-on Record
to look after the State Government Litigat-ion in Sup ire me Court.
APPOINTMENT OF NOTARIES:
The Administration Wing ie also incaarge
of making appointment and xeneT/al cf Certi
ficate of Practice of Notaries out of the
State Government Quota in accordance with
Notaries Act,1952 and Notaries Rules,1556.
-3-
The quota of Notaries to be appointed by
the State was fixed at 70 during 1230.
Due to increase in civil litigation in
different areasj rapid industrialisation,
commercial development? increase in the
number of educational institutions.etc.j
there has been oonsistant demand for
appointment of more number of Notaries in
places where there are no Notaries or for
increasing their number. Nence, the exist-ing quota of 7'1 Notaries to be appointed
by the State was increased to 2‘iO recently.
and very recently increased to 35O from
200. There were 164 Notaries existing till
now oa(] 5j more Notaries weze ap ointed
during the period under report bringing to
a total of 197 as on 31—12—1994-. -besides,
there are Notaries appointed by the Central
Government practising ap Central Government
Notaries in the State.
IPfCINI’ASKT OF OFFICIAL 3.2C0I7ER*
The Official Heceivers are appointed by
this Department under tee Insolvency Act.
Normally, one official deceiver is appointed
for a District for « period of three years
and his services are continued for another
9
term if hig work ig found to be satisfactory.
The Appointment is made in the same manner
as is done in the case of Government Pleaders.
APPOINTMENT OF ADMINISTRATOR GENERAL AND
OFFICIAL TRUSTEE?
The appoinment of Administrator General
and Official Trustee is made by Government
on the recommendations of the Advocate
General and he will be under the admini
strative control of this Department.
GRANTS TO BAR ASSOCIATIONS IN THE STATE:
Grants are sanctioned to the Bar Associa
tions in the State every year as per the
Karnataka Grant-in—aid to Bar Associations
Rules t 1083., subject to availability of funds.
As against a budget provision of Rs.11.60
lakhs made for the year 1994-95 towards
sanction of Grant-In-Aid to various Bar
Associations, a total sum of Rs.3 ,67,SCO/—
hag already been sanctioned as on 31.12.1994.
S^Ill-2-
?0
constitution or kannada law lbzicon coi’S-htthb:
Government have constituted a Committee
for bringing out Kannada Law Lexicons compri
sing representatives from various fields
including Judiciarys Legal profession and
Kannada and Lav literature,
2. SUB02DIHATB JUDICIARY:
The subordinate Judioisry consists of the
following classes of Courts:i) City Civil Courts for the Metropolitan
City of Sangalore |
ii) District Courts;
iii^t Sessions Courts®
iv) Chief Metropolitan Magistrates0 Courts
and. Metropolitan Magistrates3 Courts?
v) Civil Judges’ and Chief Judicial
Magistrates Courts;
vl) Small Causes Courts; and
Tii) Munsiff's Courts and Courts of
Judicial Magistrate First Class,
CIVIL CASKS*
The pendency of Civil oases Ln ths entire
subordinate Courts in the State as on 31-12-1994
was 6pO8p9O9 as against 5»74J97 eases pending
aa on 1.1.1994-.
During the period from
1.1.94 to 31.12.1994 2,74,026 cases were
2,39,314 cases have been, disposed
off.
CRIMINAL CASBS:
The pendency of criminal cases in the
entire subordinate courts as on 1.12.1994
was 5,66,974 as against 5,16,996 Criminal
cases pending as on 1.1.94. During the
period from 1 □ 1.1994 to 31° 12.1994a,
4$>81 ?615 cases have been filed and 4 ,31,637
eases have been disposed of.
2o The total pendency of b©th Civil
and criminal oases as on 51.12.94 was
11?755833 as against 10,91,193 cases
pending as on 1.1.94. During th© period
undeY report, 7^55,641 (both Civil and
Criminal oases) have been filed and
60705.951 oases have been disposed of.
12 »
5»
The sanctioned strength of Judicial
Officers (including 00D and Le^ve Reserve
posts) as on 31*12.1994 was as follows
1. District Judges
2. Civil Judges
Jo Munsiff and JMFCs
..
114
..
140
..
279
Out of which 41 posts of District
Judges, 23 posts of Civil Judges and 11
posts of Ilunsiffs ax-e COD posts. 2 posts
each of District Judges and Civil Judges
and 14 posts of Munsiffs are Leave Reserve
Posts.
4s on 31 *»2.1994, 17posts of District
Judges, J posts of Civil Judges and 51
posts of Munsiffs are vacant.
During 1994-95 (31.1.1995), 48 Z-hmsiffs
wore recruited and. all of them have undergone
Judicial Officers training.
? 13 i
The following Courts ware established
during the period from 1—1—94 to 31.12.94.
SI.
No.
Courts
Sat© of
SstablUehment
u
Munsiff and JMFtf s
Court at Jagalur, '
Ohitradurga Diet,
22-1-94
2.
Munsiff and JMFCPs
Court at Challakore,
Ohitradurga Diet.
15-1-94
3.
Munfciff and JMFC’8
Court at Slppani,
Sclgaum Dist.
26-2-94
4.
Munslff and JMFC’s
Court at Shiggaon,
Dharvad Dist*
19.3.94
5.
Addl. Munsiff and
JMPC’s Court at
Athani, Belgaum Diet . 11-3-94
Besides, the following 17 Courts have
been established at BlJspur, Chlkkamagalur,
Coorg end Mandya Districts under the Pilot
Project Scheme J-
: 14
Addle District and Sessions Courts,
ChiklcsuxagaJLur .
T9
Kodagu.
2.
3, Addl. Civil Judge’s Court, Bijapur.
w
,Sriranga—
4.
Patnam.
5. Addl. Munsiff Court, Mandya (2 Courts)
6. Addl. Kunsiff Court , Malavalli.
n
N agamangala
7.
ft
Ohikmagalur
8.
rt
Kadiir
9.
tt
Moodiger®
10.
n
Kopp®.
11.
H
Bijapur
12.
H
Indi
1?.
n
Basavan abagevadi
14.
.Muddebihal
15.
Jamakhandi
16.
The expenditure incurred, during the
period from 1-1-94 to 31-12-94 by the
subordinate courts is Es.29,83,44,279—00
8 15 8
Je DIRECTORATE OF TRANSLATIONS:
The Directorate of Translations deals
with the following functions?
1) The Translation in to Kannada of
State Acts and Rules made thereunder,
under Section 5A of the Karnataka
Official Language Aat,196J.
2) Translation into Kannada of Central
Acts under olaasa (e.) of See.2 of
the Authoritative Texts (CcntKBl
Laws) Act,1975*
J) Translation into Kannada of Notifi
cations, Official TIeiaorendujs, Statutory
Orders, Committee Reports, Enquiry
Commission Reports, Annual Reports,
Annual Administration Reports in
view of the Official Language of the
State and other miscellaneous matters
like petitions, agreements etc., from
Kannada into English and vice-versa
referred to by the Departments of
Secretariat and Heads of Departments
and translation of petitions of
linguistic minorities into Kannada or
into English referred to by the
Departments of Secretariat and Heads
of DepartmentsJ and
: 16 J
4) Translation from Kannada into
English of certain cases per
taining to Speoial Leave
Petitions filed before the
Supreme Court is also under
taken in the Directorate*
As per Sec.5A of the Karnataka Official
Language (Amendment) Act*1974 and as per
clause (a) of Section 2 of the Authoritativ
Texts (Central Laws) Act,1973, the Directo
rate of Translations is undertaking the
work of translation into Kannada of
Central Acts, State Acta which on publi
cation in the Official Gazette under
the authority of the President of India
or the Governor of the State, as the Case
may be, are deemed to be Authoritative
Texts thereof in the Kannada Language
and this Directorate undertakes the
translation of any Orders. Rules and
Regulations and bye-laws issued by the
State Government or any other authority
: 17 i
or Officer of the State Government
under the Constitution or under
any Central Act or any State Act
or any other Law in force in the State.
Kannada version of the Administra
tive Literatures required for day-w-day
administration by all departments of
Government is being supplied by the
Directorate on top-priority basis.
CB5TKAL ACTS:
During the period, 4 Central Acts
have been translatad. Important among
them are:
1) The Merchantile Ship Act,1951.
2) The State Finance Aot,1958.
Translation of Central Acts contained
in priority list Nos.1,2 and 3 sent by
the Government of India 1b being done
on top-priority basis.
Io - J
18 2
STATE ACTS;
Paring the current yaari 18 State
Acts, 2 State Bills, J State Ordinances
and 26 Rules have been translated.
Important among then are; Karnataka Civil
Services (Performance Report) Rules,1993.
Annual Volumes of State Act,. i.e., 1965
196:9, 19 78, 1981 and 1982 volumes have
been translated under the time bound
programme. Besides, translation of State
Acts contained in the priority list Hu.1
and 2 sent by the Government is being
done on vop-priority basis.
Paring the period, 3141 pages of
administrative literature have been trans
lated from English into Kannada. The
'Joint Committee Report on the Karnataka
State Road Transport Corporation and the
Compendium of Orders issued by the Elect
ion Commission of Indian are important
among them.
: 19 3
The translation of certain cases
pertaining to the Special Leave
Petitions filed before the Supreme
Court from Kannada into English is
also undertaken by the Department.
During the period about 260 pages
of material nave been translated from
Kannada into English.
The Hindi and other Minority langu
ages Section of the Department has trans
lated matters running to 1381 pages*
During the year, the Karnataka
Official Language (Leg.) Commission has
scrutinised the Kannada translation of 11
State Act and 5 Central Acts. The Karnataka
Official Language (Legilative) Commiscion
is also engaged in scrutinising tie trans
lation of the Indian Constitution (Amendment)
Acts. During the year under Report 20
Central Acts and 10 State Acts have been
published in book form as the authorised
Texts in Kannada.
: 20 :
Translation, of Central and State
Acte will ne taken up according to the
priority lists and tine bound programme,
translation of the Annual Volumes of
State Acts under the time bound programme
and scrutiny of Kannada translation of
Central -lets selected for republication
will be given a new impetus during the
ensuing years.
ANNUAL EXPENDITURE 02 THE DEPARTMENT:
Annual Budget for the
year 1994-95
- te.78,21,000/-
Anticipated Annual Ex
penditure fox- the year
1994-95
- Rs. 52,02,126/-
S 21 8
4« Dept, of Prosecution and Government Litigations
The main function of the Dept* of proseotion and Govt* Litigation are as fillows*-*
1) Arranging for conduct of cases on behalf
of state Govt* in all session courts
of all the Districts of the state as
well as MunAiff and Munsiff Magistrate
courts at Taluk Level*
2) To advise the officers of all Dept*e
including State Police Dept* in the
investigation of criminal eases*
j) To scrutinise all the judgement and
orders issued by all the courts of
the State Govt• (Excluding the High
Court) and to recommend in deserving
oases to State Govt, regarding prefer
ing appeals or revisions petitions in
the sessions and High courts*
4) To render advise to all the Depts* of
the State Govt* in matters relating to
withdraw the criminal cases from the
courts and to withdraw the criminal oases
from4
*9 the courts as per the order of the
Hon’ble Government*
; 22 s
Ths particulars of Criminal caseg registered as
wallas dispos1^7 during the year in various courts
of the state are given below*
1o No» of criminal cases disposed off
from 1-4-94 to 31-12-94
'?P75(.3l-7
2» Total No« of criminal cases ended
in conviction from 01*0 4“94 to
31-12-94
1s20v932
3* Total Nqc of criminal cases review
ed from OI-O4-94 to 31-12-94 ia
this Dapte(:Ueo the criminal ieases
where acauital and discharges ®rere
effected)
54»555
4» Total Noo of criminal oases recommended
for preferring appeal
790
5. Total NOc. of criminal cases recommend
ed fore. revision.
200
6. Total No, of cases which vers noft reoomm/ ended either for appeal or revision 53r545
7» Total NOo of cases where legal advise
was rendered regarding prosecution to
the investigating officers of the
Police Dept, and the officers of other
Dept.8
2&5
Daring the year under Beport 1i375s3l7 criminal
cases were disposed offo out of them 1ff20»932
criminal caeee ended in conviction.*
23 1*
As in tho previous yeni’s, the Da pt*
has made suitable arrangement for conduct
ing civil litigation on behalf of the Govt.
in the Huns iff courts as well ah Hunsiff
Magistrate courts of the State<> In this
regard it may to stated that the concerned
Legal officers have performed their duties
quite satisfactorily* ixagardiwg the
civil litigations of the Govte the Dert*
will undertake the following et-epesl) To consider and approve th? written
statements to be filed on behalf of
the Govt*.tn each courts where the
Govt* has been made a party*
2) To authorise the con pa med officers
of the jDspta to consider such cases
and to affix their signatures in
defence of the same on behalf of the
Govt o
>) To review the Judgements andorders of
Munsiff courts and to decida whether
they are eligible for preferring
appeals or revision in the concerned
^courts* If this Dept* docldes to
prefer appeal or rovislont Ln each cases
all the records pertaining to the cases
will be forwarded to ths concerned
Govt* plsadex/Addltional Govx* ^loader
and issue directions to thee to take
suitable action* -“eeidess all the
documents will be sent to Govt* to tai©
final decisions in those Gases which
wre not reconnnsnded for preferring appeal
Sr revision*
: 24 i
\
4)
Cases have been instituted in the Civil
Court on behalf of the Government and
particulars of the civil cases decided in
those Courts are given below:
The particulars regarding the Judgements
and orders in civil suits issued by the Munslffs
Courts during the period 1—4-1994 to 31-12-1994
are as follews:1) Total No. of cases where the Judgements
and orders pertaining to the civil
cases is scrutinised from 1-4-1994
to *31-12-1994
673
2 ) Total No. of cases reconrrended
for appeal
71
3 ) Total No. of cases recommended
for revision
4) Total No. of cases not recommended
either for appeal or revision
5 ) Cases dismissed (cases which were
found that no action is necessary)
04
38
560
During the period under report, total
nunter of civil cases disposed were 673 and
number of cases decided in favour of the
Governrent were 560.
/■? ria'
During the period under report, eight
Group *A' Officers were deputed for training in
various Training Institutes. Further, one
Group 'B' Officer was deputed for training in
District Training Centre, Bangalore.
In addition
to this, 17 persons belonging to Group-C were
given training in various Training Centres for
: 25 t
improving knowledge in their day to day
official work.
In this Department Kannada is being used
as official Language at all levels» Regarding
effective implementation of Dr. sarojini Mahishi
Report and use of Kannada as official Language#
State# Divisional and District Level committ
ees have been constitued. The said Committees
are conducting regular inspections and submitt
ing inspection report to the Government as per
the standing circulars of the Government.
This department has also sent a circular to all
the officers of this Department -^regarding the
effective use of Kannada as the Administrative
Language at all levels.
The Govt. have established special courts
in Kolar# Raichur# Bijapur and Gulbarga districts
to try the cases of atrocities on scheduled
castes and scheduled Tribe. In the said courts
cases under prevention of Atrocities on Scheduled
castes and scheduled Tribes Act#1989 are being
decidedo The Government have appointed special
public prosecutors for conducting cases in the
said special courts. As all the Sessions Courts
in the remaining district centres excluding the
: 26 x
special courts, the Government have ordered
that the Public Prosecutors, (excluding the
Additional Courts) attached to the sessions
courts, should deal with the cases under the
above said Act.
The Assistant Director of Prosecutions and
the Assistant Public Prosecutor-cum=Assistiant
Government Pleaders are also discharging tha
duties as secretary at districts and Taluk
levels Legal Aid Boards respectively, in
addition to their regular dutieso lb© work
discharged by them includes conducting Legal
Aid canps under legal literacy canps in the
Rural areas and conducting regular Lok Adalat
Canps to settle the dispute and cases pending
before courts. Further it is proved that they
have successfully performed the said Legal Aid
programmes.
Further on account of effective supervision
by the Head of the Departnent and other Divisi
onal Level officers and ®n account of the
inspections conducted, the effeciency of the
prosecutors in conducting Civil and Criminal
Cases bas lAlso been considerably increased.
; 27 t
Budget (Hon-Plan)
1o Budget alloted by the
Government for the
year 1994-95
2 o Amount expended dayfroH 1 .4.94
to 31>12.94
go
4>87.99000.00
3f63,57»358.00
KAEHATAKA LEGAL AID BOARD
Karnataka Legal Aid Board is constituted
under Karnataka Legal Aid Board Act»l981.
The Eain alms and objects of the Board are
rendering free legal Aid in cases before
ths courts and tribunalsa rendering free
legal advice xapreadlrg' legal literacy and
awareness» iteaceful settlement of disputes
by way of conciliation outside the courts o
Tho Board has constituted 151 legal
aid committees in the state° In all the
District ^ead quarters there are District
Legal Aid committees ms at some of the Taluk
Head Quarters where there are courts there
are Taluk Legal Aid committeeso
Action has beenta ken to constitute Legal
Aid committees in the Taluk places® where the
courts ware newly constituted.
Any person whose annual income is less
than Rs.8,000/- is eligible for free legal a.ido
Persons belonging to SC/ST and Service men
and Ex-Service men and their families are
entitled fcs free legal aid irrespective of
their income. Free legal advice is provided
for all persons claiming compensation in
cases of motor vehicle accidentso
The progress achieved by the Board from
1.4.1994 to 31.12.1994 is as'followss
LEGAL AID;
Free legal aid has been cKstended to
897 persons before the Courts and ^ribunsls
and 872 persons were given free legal advice»
LEGAL AID CAMPSL
For effective implementation of legal aid
programme in ths State and to create legal
awareness, legal aid camps. Seminars were
conducted in rural areas. Advocates have
also visited the rural places and extended
free legal advice and made them aware of tha
important legal aspects.
In this period, 62 legal aid camp® were
conducted in the State and 15499 persons were
benefitted.
s 29 :
LEM LZTEHAQT PBOGWOBSs
To create S^gal Awareness? She Legal
Aid CocimitteeB have^besideE arranging
seminars on Legal Knowledge and also
conducted ^egal literacy Sasjps with, the
Co-ordination of students of I*sw Collgee <>
Under the direction and guidance of the
Boards the students of Viaveswarapuram Law
College conducted a Lok Adalat and a seminar
on(feonsai®r Hights awareness programmes»
She National Lavr School of India Qnivereity
with the financial aeei^tanee of the Board
have vQxy successfully conducted Legal Aid
Clini©0;L9gal literacy Soheaee in their soiree
and in other rural areaso Through
Literacy ^rograrMes 24 hectare training
psegtamw were arranged and 2057 persons
were benafittedo
Eight programmes were given through AIH
under Legal Aid P ro gramme 6 l^ctux’ee each were
doliverod to the eindents of 7 Women Colleges
of B’lore .under Legal Literacy Programme on
the subject ”V7oEen and Law”
1
30
8
JANATHA COURT (LOK ADALTHjs
During thia period totally 157 LA1CAdalath Camps wore conducted. Totally
5212 Civil, Criminal oases have ended in
compromise in those camps and 262<1 Motor
Vehicle Accident oases were cottled and
a total oompeneation of
4s29,01P574-00
was awarded.
Students of Law Colleges ar® alsp
participating in these Lok Adalaths.
During bxiic period 11 Bank suits
involving a loan amount of Ls. 1,63, 4B4—00
wore nettled through these Lok Adaltha.
ALLOCATION Of FIKDSj
The amount allocated to the Board in
the 1994-95 Budget end expenditure are
as followss-
: 31
Si.
No.
Year
1
1994-95
Allocation
( in lakh
Rupees)
58.28
...
t,
{
5
19,59,969.55
(Upto October 94)
LITIGATION WING:
The rrain functions of the Litigation
Wings are as follows:
a ) Conduct of Litigation in which
Government is a party in Courts in
and outside the State, including
the Supreme Court;
b ) Furnishing opinion in cases relating
to withdrawal of prosecutions and
in cases pending before courts;
c) drafting and scrutiny of contracts,
agreements and other instruments
to be executed by or on behalf of the
Governor of the State;
d) Scrutiny of notices of suits; and
b'/OV -I ♦’--O
r
: 32 s
e) Sanction of remuneration to
Advocate General snd Other
Law Officers including Special
Counsels for conducting cases
in courts on behalf of the
Stat® Government.
Government is ths biggest litigen'c
in the state. It has to arrange for
conduct of prosecution in criminal
cases before the f^agistrates 1 Courts
and Sessions Courts. There is considerable
civil litigation not only in the
Supreme Court, High Court and 1 ver
courts in the State but also in Court®
outside the Stat©. Th® conduct of
litigation is governed by the Karnataka
Conduct of Government Litigation Rules,
1985. This Department supervises liti
gation concerning the State Government
in all these Courts on behalf of
Departments of the Secretariat. There
are seven sections dealing with Litiga
tion Work. Four section in charge
of Civil and Criminal Litigation in
courts in and outside the State.
s 33 5
Two sections are incharge of all
Writ Litigations in the High Court,
and K.A.T. and one Section is
incharge of Litigation in the Supreme
Court.
Three Additional Secretaries
are incharge of litigation matters
and they are assisted by five
Additional Solicitors and four
Assistant Solicitors in the year
under report.
All notices either of a suit or a
writ petition issued to the Chief Secretary
to Government are taken services by
the Solicitor and thereafter, the
Law Officers are authorised to appear
before the Courts concerned. On receipt
of the remarks of the concerned
Department on the allegation made in
the plaint or in the writ petition
concerned, the Law Officers prepare
a draft written statement or counter
affidavit as the case may be, which
will be examined from legal aspect
and wherever necessary they are revised
s 34 i
or redrafted by the Officers of the Depart
ment.
A close watch is kept on the progress
of litigation et every stage.
Appropriate
instructions as deemsd necessary are given
from time to tims to the law Officers
appearing in Courts on behalf of the Govern
ment.
In important casea,
Officers of the
Department attend ths Courts to watch the
proceedings.
After final disposal of the cases, the
law Officers concerned have to furnish
to lew Department the certified cop lea of
the uudgements/Decrees along with their
opinion in the matter of filing or otherwise
of appeals.
A decision is taken by this
Department in regard to the filing/non-filing
of an appeal or application for review of
the judgements thereafter.
Haads of Departments, Deputy Commissioners
and other Officers who receive notices of
suits under section 80 CPC., obtain para-wise
s
:
cr.rks of the concerned Officers and
forward then to the concerned Administrative
Departments of th© Secretariat. Eh©
Aam&air/trc.tivo Departments d5Sim£n‘e- and forward
tlie same .to this Department /'which furnishes.
opinion whether or not to contest the claim.
All the Judgements in criminal cases
resulting in discharge or acquittal are
.i'CTiewod by the Director o£ Prosecutions
and Government Litigation and recommendations?
Giro made to Government in regard to filing^or non-filiJigof appeals. Necessary
proposals and the connected records are
forwarded to this Department. The recommen
dations of the Director will be considered
by this Department and decisions in regard
to filing ; or non-f ililig of appeals are
taken after review of the Judgements.
The remuneration bills of the counsels
are sanctioned in this Department having
regard. to the
rules in force.
S
36 I
Out of the 12,194 Writ Petitions
received during the year, 4,817 petitions
have been disposed off. 7,377 petitions
are pending disposal. Besides, appeals
have been preferred in 998 cases and 243
cases of Contempt of Court have been dealt
with.
Action has been taken regarding
4824 Civil cases in the year undei' review
Appeals were preferred in 948 oases and
1536 oasos were disposed off; and 3288
cases ore pending disposal. Similarly
action has bean taken with regard to 7032
Criminal Cases and in 1043 cases apposls
were preferred, 2520 cases were disposed
Gff. 4512 cases are pending disposal.
DRAFTING WING J
The functions of the Drafting Wing are:
1) Scrutiny of all legislative pro
posals from legal, Constitutional
nn:l drafting angle;
2) Drafting of Government Bills and
amendments to Bills introduced in the
Houses of tho State legislature,
Scrutiny of non-offlclal amendments
tabled
relating to the Rills
giving advice and assistance to
the Administrative Departments on
non-offlclal amendmentsr
3 ) Rendering legal assistance to the
Houses of legislature and JointSelect-Committee at all stages of
Rills before them, including revising
of Rills;
4 ) Drafting of Ordinances;
5) Revision
of Orders and Notifications;
6) Scrutiny of Statutory Rules, Orders
and Notifications including Orders
under the Constitution;
7) Execution of Agreements or contracts
on behalf of the Governor under
Article 299(1 ) of th® Constitution.
During the period between 1—4—1994 and
31-12-1994, 26 Acts were enacted.
06 Ordi
nances were promulgated, 1328 Statutory-
Rules, Orders and Notifications were
Scrutinised
3 38
?
CODIFICATION SECTIONS
Ths Codification tfing of the Depart
ment is entrusted with ths responsibili
ties of preparing yearly Digest of Opinions
famished by Law Department in the files
of various departments of Secretariat
and preparation of Master Copies of
State Acts with up-to-date amendments.
The final proofs of Digest of
Opinions for the year 1982,, 1 985 o 1984 and
1985 are sent to Government Press for
printing of books, The preparation of
compilation for the year 1986 Annual Digest
is under process.
All the Aoto enacted in the Government
of Mysore from 1850 to 1956 prior to the
Reorganisation of States have been published
in 4 Code Volumes. Daring 1956 when the
s
59
:
Karnataka State oarae into existence.
the Code Volumes of the Acts for the
year 1957-1360 revised as on 1-11-1969
have been published.
Presently the work with regard to
Code Volume of the Acte enacted during
1961. is completed and is ready to be
sent to the Prose and the Work of Code
Volume of 1962 is under progress.
FUBLICATIOH WING J
The functions of the Publication Ving
of the Law and Parliamentary Affairs
Department differ from the functions of
the other Sections of the Secretariat.
The main function of this section is to
print in Look Form the Annual Volume of
the States Acts passed by the State Legis
lature, up-to-date copies of the ordinances
issued by tho Governor and the Central
Acts, Ordinances, Regulations, Rules
issued in the Official Gazette by the
I 40
S
Government of India. This Section also
deala with the republication of the
notifications pertaining to our Stat®
Government. Ths Stat® Aeta,, in oox-poratlng
the up-to-date araendasnto as wall ran tho
rules made under them and tho Notifications
have been published in Book—Form for th©
use of the various department b of th©
State and also for the sale to the general
public. This year 3-S Central Ante Iiave
been reprinted.
During the year under review tho follow
ing State lots have been reprint©d&
The Karnataka Police Act,1963.
The following Annual I amine and the
Acts are under printing stages
1 • The Armn».l Volume of the Acts curt
Ordiunncoe, 19B§.
2. The Annual Volurao of the Acta and
Ordinances, 1990.
41
3
3* The Annual Volume of the Acts and
Ordinances,. 1991®
4* Ho Annual Volume of th.& Asts and
Ordinane©c, 1992 »
5® E.W Annual Volurao cf the Acts and
Ord in&noas, 19 93 »
5. The Eamataka L'oney Lenders' Act, 1961
and Bules, 1965.
7. 'i’lxo Karnataka CILvil Courts Act,1964.
8. The Karnataka Silk Worm Seed and Cocoon.
Hegulation of Production Supply and
HL at ribut ion Act ,1959.
9. The Sarn&tuka Inasa Abolition Act, 1955.
lO.Tho Volume of the Acts and Ordinances
of 1994 is ready for printing.
OPINION WINGi
She functions of tho Opinion Wing of
the EepartziGnt arcs
I) Advising different Departments of
the Ko.mntaka Government Secretariat
on legal nuttern including inter
pretation of the provisions of the
ConstituftAona, various statutes,
rules, orders;
*42
s
2) Drafting and Scrutiny of Orders,,
notices, rules (other than sub
ordinate legislation) to be issued
in accordance with the legal opinion
by the Department;
5) Drafting of instruments relatingto immovable properties, bonds and
other agreements, contracts or
instruments to be executed either
by or in favour of Government.
During the year 01-04-1994 to 31-12-1994
the Wing has received 663 files and rendered
legal opinion in 722 cases.
Statement showing various kinds of
cases filed, disposed off and pending in
the subordinate courts of the State during
the period from 1.1.1994 to 31.12.1994-
Statement showing the number of different kinds of cases instituted
disposed of and pending in the Subordinate Courts in the State
during the period from 1.1.1994 to 31 .12.1994.
CIVIL
CASES
I, DISTRICT & SESSIONS COURTS (INCLUDING CITY CIVIL CCURT, BANGALCRE)
Si.
No:
i
Category of Cases
2___ _
i. Original Suits
2. Execution Cases
3. Miscellaneous
(P & Sc., G & WC,
F.D.P. etc. )
)
Disposal Banding as A
on 31.12.94 VP
from
i
1.1.94 to
31.12.94
6
5
Banding
as on
1.1.94
Institution
from 1.1.94
to 31.12.94
3
4
35,371
7,148
11,301
4,457
9,023
3,910
37,649
7,695
13,939
8,177
5,395
16,721
Contd.. 2
-2-
1
2
4. M.V.C. Cases
3
4
5
6
81,523
30,523
56
20,598
91,448
77
237
790
3,929
2,580
5,499
5. Insolvency Cases
258
6. Regular Appeals &
Execution Appeals
3,888
7. Miscellaneous Appeals
6,012
831
2,667
8. Rent Control Revision
Petitions
4,575
1,390
1,586
4,379
9. Land Acquisition
Cases
1,887
257
350
1,794
10. land Acquisition
Appeals
4,111
493
1,09 7
3,507
1,58,712
59,552
45,406
1,72,858
TOTAL
Contd..2
1
4
I1 * CIVIL JUDGE & C.J.M. AND CIVIL JUDGE & J.M.F.C., COURTS,
si.
No.
Category of Cases
Pending
as on
1.1.94
Institution
from 1.1.94
to 31.12.94
Disposal
from
1.1.94 to
31.12.94
Pending
as on
31.12.94
1
2
3,
4
5
6
1. Original Suits
15,819
7,950
5,363
18,406
2. Srnall Cause Suits
30,068
39,561
24,709
44/920
3. Execution Casses
33,013
3C,983
18,622
45,374
4. Land Acquisition
Cases
33,067
13,843
12,139
34,771
5. Miscellaneous Cases
11,834
8,142
8,826
11,150
_
Contd
'
£
\n
|
3
4
5
6
6. Regular Appeals and
Execution Appeals
14,844
4,575
4,330
15,089
7. Miscellaneous Appeals
2,892
2,126
2,244
2,774
8. Final Decree
1,189
607
612
1,184
9. H.R.C. cases
7,809
3,674
4,153
7,330 1
1,50,535
1,11,461
80,998
12
TOTAL
1,80,998
Contd...
III. MUNS IFF AND J.M.F.C. COURTS
Si.
Category of Casas
Banding
as on
1.1 .94
Institution
from 1.1 .°4
to 31.12.94
Disposal
from
1 .1.94 to
3’ .12.94
Rending
as on
31.12.94
2
3
4
5
6
1,06,867
46,000
48,497
1,94,370
2. Small Cause Suita
3,009
4,463
3,096
4,376
3. Execution Cases
42,445
14,225
11,428
45,242
4. HJR.C. Cases
3,254
864
1,113
3,005
5. Miscellaneous Cases
4,449
5,251
4,604
5,096
No.
1
1. Original Suits
Contd
3
4
5
6
6„ Final Decree
Ftoceedinge
2,907
1,4.32
1,564
2,775 r
7. K.A .D «R . Cases
14,873
—
12
.rvr
TOTAL
1,77,804
72,235
14,873
----——----
u *■
70,302
1,79,737
IV . MUNSIFF'S COUPTS fCTVIL)
Rending
as on
1.1.94
Institution
from 1.1 .94
to 31.12.94
Disposal from
1.1.94 to
31 .12.94
Pending
as on
31 .12.9.
3
4
5
6
1. Original Suits
2. Small Cause Suits
50,614
2,020
23,820
3. Execution Cases
4. H.R.C.Cases
21,796
7,906
13,962
2,422
7,317
5. Wise. Cases
3,352
6. Final Decree
7. K.A.D.R . Cases
TOTAL:
SI. Cateaorv of Cases
No.
1
2
3,884
1,458
-
4,423
581
•
852
—
5(.
2,368
19,872
7,242
3,891
1,187
-
87,146
30,778
42,608
75,316
2,073
2,074
9,241
2,737
40
criminal cases
I. DISTRICT &■ SESSIONS COURTS (INCLUDITY CITY CIVIL COURT, BANGALORE),
Si.
No,
Category of Cases
Banding
as on
1 .1.Q4
Institution
fren 1 .1 .94
to 31.12.94
1
2 ...
1. Sessions Cases
_3
7,526
4
3,854
3,256
6
8,124
2. Criminal Cases
4,134
2,092
1,922
4,306
(
3. Criminal Revision
Petitions
5,460
4,494
3,904
6,050
o
i
4. Criminal Special Cases 2,756
1,026
5. Criminal Wise.Cases
2,145
1,075
3,826
12,167
9,450
3,743
127
57
39
145
21,029
24. 09
19,646
26,192
6. Criminal Misc.Appeals
TOTAL
Disposal from Rending
1.1.94 toi
as on
31 .12.94
31.12.94
I
Contd
11. CHIEF METROPOLITAN MAGISTRATE AND CIVIL JUDGES & CJM COURTS
•S-l;
No.
Category of Cases
1
2
1. I.P.C. Cases
2. Criminal other Law
Cases
Finding
as on
1.1.94
Institution . Disposal from
from 1.1 .94 1 .1.94 to
to 31.12.94 31.12.94
31.12.94
3
4
5
6
62,143
22,863
23,114
61,892
16,926
23,196
21,468
3 . Juvenile Cases
679
4. Criminal Miac. Cases
653
568
1,630
511
3,127
84,401
48,257
48,220
TOTAL
Ending
as on
18,654
736
3,156
84,438
contd...
1
jl
;
III. CIVIL JUDGE & J.M.F.C. COURTS
Disposal from
1.1.9Z- to
31.12.94
Rending
as on
31 .12,94
Si.
No.
Category of Cases
Pending
as on
1.1.94
Institution
from 1.1.94
to 31 .12.94
1
2
3
4
5
6
1. I.P.C. Cases
6,587
3,698
3,737
6,548
2. Criminal other
Law Cases
613
3,783
3,864
3. Juvenile cases
48
91
4. Criminal Nisc. Cases
846
8,094
TOTAL
532
j
59
80
’
369
577
658
7,961
8,237
7,818
Contd....
IV. MUNS IFF & J.M.F.C. COURTS
Category of Cases
Ftending
as on
1.1.94
Institution
from 1.1.94
to 31.12.94
Disposal from
1.1.94 to
31.12.94
Pending
as on
31 .12.94
2
3
4
5
6
1. I.P.C. Cases
76,141
62,753
48,764
90,130
2. Criminal Other Law
Cases
38,585
1,00,912
95,093
44,404 'f
sl.
No.
1
3. Juvenile Cases
4. Criminal Wise.Cases
5. Criminal >*isc.
Applications
TOTAL
1
—
-
1
15,886
18,160
16,294
17,752
153
710
283
580
1,30,766
1,82,535
1,60,435
1 ,52,866
Contd
V, METROPOLITAN MAGISTRATE (TRAFFIC COURTS) AND J.M.F.C. COURTS
Disposal from
1.1.94 to
31.12.94
5
Finding
as on
31.12.94
6
31.
No.
Category of Cases
Rending
as on
1.1.94
Institution
from 1. ’ .94
to 31.12.94
1
2
3
4
32,138
13,372
14,968
30,542
2,30,972
9,447
1,98,498
1,73,223
6,829
2,56,247
1. I.P.C. Cases
2. Criminal other Lew
Cases
17
6,078
-
17
8,696
-
132
105 •
62
175
2,72,706
2,18,063
1,95,099
2,95,660
3. Criminal Mlsc Cases
4. <>inrenlle Cases
5. Criminal Mlsc. Appeals
TOTAL
Contd....
Si.
Category of Cases
12
landing
as on
1.1.94
3
Institution
from 1.1.94
31.12.94
4
Disposal from
1.1.94 to
31.12.94
5,74,197
5,16,996
2,74,026
4>.81,615
2,39,314
4,31,637
6,08,909
5,66,974
10,91,193
7,55,641
6,70,951
11,75,883
5
Pending
as on
31.12.94
6
| Total of Civil 0
o and Criminal
Cases of all
subordinate
Courts.
GRAND TOTAL
j Civil
0 Criminal
q
'
1
Printed By :
The Director of Printing, Stationery & Publications,
Government Press, Bangalore
Position: 1275 (4 views)