judicial complex-literature study

8/11/2019 judicial complex-literature study

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R.C.VAISHNAVISATHYABAMA UNIVERSITY

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THESIS- 1OTH SEMESTERBATCH(2007-2012)

The Supreme Court of India has more powers than any Supreme Court in any part of the world. It is the

interpreter and guardian of the Constitution. It can be moved for the enforcement of the Fundamental Rights.

For this purpose, it can issue writs like Habeas Corpus, Mandamus, Quo Warranto, etc. The orders of the

Supreme Court are binding on die executive. In an emergency, however, the President has the power to

suspend the right to move the Supreme Court. Thus, it is the highest court of justice in India and the citizens of

India look to it for justice. Its functions: The Supreme Court is the highest judicial tribunal of India and as such itis armed with extensive powers. It exercises original, appellate and advisory jurisdiction. Original Jurisdiction. It

extends to all disputes between the Union Government and one or more States as also disputes arising

between the States of the Indian Union. Appellate Jurisdiction, (a) In civil cases, an appeal from the judgement

of the High Court can be taken for appeal to the Supreme Court. (b) In criminal cases, appeal from the judgment

of the High Court can be taken to the Supreme Court, if the High Court, has on appeal reversed an order of

acquittal of an accused person and sentenced him to death, or if the High Court has withdrawn from a lower

court a case for trial before itself and has on such trial convicted the accused person and sentenced him to

death. An appeal can also .be taken to the Supreme Court if the High Court certifies that the case is a fit one for

appeal to the Supreme Court. Advisory Jurisdiction. The President has the power to refer a question of law or

fact of public importance for the opinion and report of the Supreme Court.

POWERS OF HIGH COURT

The High Court shall have power throughout the territories in relation to which it exercises jurisdiction to issue

to any person or authority, including in appropriate cases any Government, within those territories directions,

orders, or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and

certiorari, or any of them for the enforcement of any of the rights conferred by Part-III and for any other

purpose.

Functioning of supreme court


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Administrative

1. Director of State Courts. The director of state courts, who is

appointed by and serves at the pleasure of the court,

administers the nonjudicial business of the court system at

the direction of the chief justice and the court. The authority

and responsibilities of the director are set forth in the

Supreme Court Rules.

2. Clerk. The clerk of the Supreme Court, who is appointed by

the Supreme Court, performs the duties of the officeprescribed by law and such other duties as may be prescribed

by the court or the chief justice. The clerk is the custodian of

all court records and is responsible for the supervision and

processing of matters from the time of filing with the court

until their ultimate disposition. The clerk is also clerk of the

Court of Appeals, and the clerk's office serves both courts.

Consequently, the records filed in the Court of Appeals arereadily available to the Supreme Court.

3. Chief Deputy Clerk. The chief deputy clerk, who

is hired by the clerk of the Supreme Court, assists

the clerk in the performance of the duties of that

office and performs those duties in the absence

of the clerk.

The court is composed of seven justices who

are elected in state-wide, non-partisan

elections.


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The People in the Court

Judge- The judge ensures proceedings are conducted according to the law. The judge is referred to as The

Honourable Justice 'Smith' and is addressed as "Your Honour". The judge wears a black gown for both criminal and

civil hearings.

Judge's Associate- The associate is a member of the judge's personal staff, and helps in the administration of the

court including preparing documents, recording decisions and issuing forms and warrants.

Defence Counsel- A solicitor or barrister employed by the accused or defendant to defend the charge.

Prosecutor- A solicitor or barrister who conducts criminal proceedings on behalf of the State of Western Australia orthe Commonwealth of Australia.

Defendant/Accused- The person charged with committing an offence.

Witnesses- People called to give evidence on behalf of the prosecution or the defence.

Jury- A group of 12 people selected randomly to decide on the innocence or guilt of an accused person in a criminal

trial.

Orderly- Also a member of the judge's staff who calls witnesses and helps to keep order in the court.

Media Bench- Journalists sit in court and report on proceedings.Monitor- Ensures all court proceedings are recorded. If a monitor is not in court it usually means that the

proceedings are being recorded digitally without the need for a monitor to be present in the court room.

Public Gallery- Courtrooms are open to the public and members of the public are encouraged to attend trials to see

for themselves how our courts operate.


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HIGH COURT ROOMLAYOUT

MAGISTRATE COURT ROOM

LAYOUT In UK


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US COURTROOM LAYOUT

U.S. DISTRICT COURT - JUDICIAL CASELOAD PROFILE

ALL DISTRICT COURTS

2011 2010 2009 2008 2007 2006

Overall Filings 378,985 375,101 343,107 337,906 349,242 321,256

Overall Terminations 391,388 384,600 340,769 311,523 327,529 342,117

Overall Pending 337,407 351,697 359,295 347,096 327,159 305,511

Last Year % Change in Filings 1

% Change in Filings 10.5 12.2 8.5 18

Number of Judgeships 677 678 678 678 678 678

Vacant Judgeship Months 989.2 937.6 488.1 402 417.4 413

Per Judgeship Total Filings 560 554 505 498 515 473

Per Judgeship Civil Filings 428 421 379 378 401 360

Per Judgeship Criminal Filings 99 99 95 89 84 85

Per Judgeship Supervised Release Hearings 33 34 31 31 30 28

Per Judgeship Pending Cases 498 519 530 512 483 451

Per Judgeship Weighted Filings 505 485 471 473 478 467

Per Judgeship Terminations 578 567 503 459 483 505

Per Judgeship Trials Completed 20 20 20 20 20 18

Median Times to Criminal Disposition 6.9 6.9 7.1 7.3 7.7 7.6

Median Times to Civil Disposition 7.3 8 9 8 8.7 9.4

Median Times to Civil Trial 24.7 25.4 25.6 25.6 24.5 23.5

Number of Civil Cases Over 3 Years Old 37,159 44,447 28,074 22,414 24,086 27,419

Percent of Civil Cases Over 3 Years Old 13.6 15.4 9.4 7.8 9 11.1

Avg. Felony Defendants Per Case 1.4 1.3 1.3 1.4 1.4 1.4

Jurors Present for Selection 47.81 49.52 52.62 47.69 50.21 48.54

Juror % Not Selected Or Challenged 37.9 39.4 39.6 37 38 37.4

Type of TOTAL A B C D E

Civil 289630 15697 60631 53692 2372 10078

Criminal 66442 4073 10728 27335 7049 6947

Number of case lists in US DISTRICT

COURT


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THESIS- 10TH SEMESTERBATCH(2007-2012)

District Judges

Principal District JudgeI Additional District JudgeP.O., Labour

CourtAdditional District Judge & P.O., Special Court under E.C. ActJudge,

Family CourtII Additional District Judge (CBI Cases)Sessions Judge, Sessions

Court for Trial of Bomb-Blast CasesMahalir Neethi MandramAdditionalDistrict & Sessions Judge for Fast Track Court - IAdditional District &

Sessions Judge for Fast Track Court - IIAdditional District & Sessions Judge

for Fast Track Court - III

Civil Judges (Senior Division)

Chief Judicial MagistratePrincipal Sub Judge I Additional Sub Judge II

Additional Sub JudgeIII Additional Sub Judge Additional Judicial Member(STAT)Judicial Officer Corporation of Coimbatore

Civil Judges (Junior Division)

Principal District MunsifI Additional District MunsifII Additional District

MunsifIII Additional District MunsifJudicial Magistrate - IJudicial Magistrate

- IIJudicial Magistrate - IIIJudicial Magistrate - IVJudicial Magistrate -

VJudicial Magistrate - VIJudicial Magistrate - VIIJudicial Magistrate - VIII

List of judges in coimbatore bench


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TYPES OF COURTS AND LIST OF CASES


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HISTORYBuilding

Originally the Supreme Court of Victoria occupied buildings in La Trobe Street, which were opened on 15 July 1843.

The Court moved to the present Supreme Court Buildings in William Street in 1884, where sittings were first held on

15 February 1884.

The two-storey block of buildings, which houses the courtrooms, Judges' Chambers and administrative offices,

encloses a courtyard from which rises the Supreme Court Library with its central tower and dome. The outer dome,

one hundred and forty feet from the ground, is forty feet above the internal dome. In the days before multi-storied

buildings, it must have been intended that the external dome should dominate the skyline from a distance, standing

high above the surrounding buildings.

Entrance to the Library from the Courts is by a constricted porch into a low foyer, which leads in turn into a circular

space three stories high. Surrounding this central area on three sides are book stacks, reading alcoves and offices on

two levels. There are no book stacks in the central area; there the only furniture is a decagonal walnut reading tablesurrounding an ornate brass Victorian gasolier, now electrically lit.

The dominant feeling is one of spaciousness. The hemispherical internal dome rests on a cornice of stucco. Inset in

the dome are oval stained-glass windows. The upper rooms of the Library are linked by a fine cantilevered circular

balcony with a cast-iron balustrade. Access to the upper level is by way of two spiral staircases leading off the foyer.

On the walls hang oil paintings of former Chief Justices and other Judges of the Court, some by such famous masters

as Longstaff, Meldrum and Dargie. There are also busts of former Judges, and items of historical interest relating to

the Supreme Court.The National Trust classifies the Library building (as distinct from the whole of the Supreme Court Building) in

Category A, that is, of national importance, to be preserved at all costs.

Supreme Court of Victoria


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About the CourtThe current Library building is now 124 years old. By the mid 1990s the Library had totally outgrown the available

space. One of Melbourne's leading heritage architects prepared a plan with a view to using other spaces available

within the same building, and construction commenced in late 1998. When the work was completed in late 1999, the

Library had gained two new floors and approximately two kilometres of additional shelf space, along with a lift giving

access to all floors.

Courtroom layout

C T h l


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Courtroom Technology

The Supreme Court has available a

range of courtroom technologies,

infrastructure and skilled staff to facilitate

the use of technology in litigation and,

generally, to support the needs of

litigants, lawyers and the Court.

Information in this section is intended

to inform lawyers and litigants who are

considering the use of technology in

litigation in the Court about the Court's

requirements and facilities.

What is Transcript?

Transcript is the documented record of what happens in a court proceeding. It is a faithful record of what is said and by

whom it is said. It forms part of the official record of proceedings and is frequently referred to by the parties and the

judge during those proceedings.

When is Transcript Required?

The provision of transcript is a requirement of all proceedings in the Supreme Court.

Criminal proceedings

The Victorian Government Reporting Service (VGRS) provides transcript for all criminal proceedings in the Supreme Court.

Telephone contact is 9603 2451.

Civil proceedings

Transcript for civil proceedings is provided by contract providers engaged by the litigants. The arrangements areprescribed in Supreme Court Practice Note No. 3 of 2002 (Transcript in Civil Proceedings)


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The Indian Judiciaryis partly a

continuation of the British legal

system established by the English in

the mid-19th century based on atypical hybrid legal system in which

customs, precedents and legislative

law have validity of law.

TYPES OF COURTS IN HIGH COURT OF TAMILNADU

Labour Courts

Industrial Tribunal

Sales Tax Appellate Tribunal

State Transport Appellate TribunalSpecial Court under Essential Commodities Act

Deputy Administrative General & Official

Trustee

Family Courts

Sessions Judge, Magalir Neethimandram

Special Court under T.N.P.I.D. ActSpecial Court under N.D.P.S. Act

Sessions Judge, Sessions Court for Trial of

Bomb-Blast Cases

Director, Tamil Nadu State JudicalAcademy

Member, Tamil Nadu State Legal Services

Authority

City Civil Court Administrative General &

Official Trustee

Court of Small CausesMetropolitan Magistrates


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ArchitectureIndo Sarcenic

Approach roadN.S.C.

Bose road

Sorrounding land usecommercial , public,

institutional

Offsite benefits - bud

stand, C.B.D,

Climatewarm and humid

HISTORYThe High Court of Judicature at Madras, one of the three High Courts in

India established at the Presidency Towns by Letters Patent granted by

Her Majesty Queen Victoria, bearing date 26th June 1862, is the highest

Court in the State of Tamil Nadu, exercising Original Jurisdiction over the

City of Madras and Appellate Jurisdiction over the entire State as well as

extra-ordinary Original Jurisdiction, Civil and Criminal, under the Letters

Patent and Special Original Jurisdiction for the issue of writs under the

Constitution of India.

Madurai Bench

A second bench of the Madras

High Court has been functioning

at Madurai since 2004. It has

jurisdiction over districts of

Kanyakumari, Tirunelveli,

Tuticorin, Madurai, Dindigul,

Ramanathapuram,

Virudhunagar, Sivaganga,

Pudukkottai, Thanjavur,Tiruchirappalli and Karur.

h d Hi h C h


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MADURAI BENCH OF HIGH COURT ,CHENNAIThe Madras High Court Bench

at Madurai was inaugurated

on Saturday, the 24th July of

2004 by Hon'ble Mr.Justice

R.C. LAHOTI, Chief Justice of

IndiaFUNCTIONING :

The High Court Bench started

functioning with effect from 24-07-2004

with the Jurisdiction of the Districts of

Kanniyakumari, Tirunelveli, Tuticorin,

Madurai, Dindigul, Ramanathapuram,Virudhunagar, Sivaganga, Pudukkottai,

Thanjavur, Tiruchirappalli and Karur.

Excepting Original Jurisdiction, the

Madurai Bench of the Madras High Court

exercises Jurisdiction in all other matters

as in the case of the Madras High Court.

The Administrative Building is a four storied

building with a total plinth area of 22,929 Sq.m.

It houses all the Offices and Departments of

the High Court Bench. The building, housing

the Court Halls, is two storied with a ceiling

height of 7.20m and other area of the building

is four storied with a height of 3.60 m.

The total plinth area of the building is 15209

Sq.m and it consists of 12 Numbers, of Court

Halls, Chambers of Honble Judges, Steno room

and Visitors Halls. The Honble Judges Chamberhas a resting room with toilet facilities.

Location :Madurai, NH 45B, Tamil Nadu

Th i diti i k d ll li f t h ll d th H bl J d Ch b


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The air conditioning work and wall paneling of court halls and the Honble Judges Chambers

have been fully air conditioned with wall paneling and false ceiling etc.. The Court Halls have been

provided with Public Address systems. Out of 12 Court Halls four major Court Halls have been

furnished based on the model of Supreme Court of India and Delhi High Court.

The four court halls have full dais with secondary dais for court officer and Personal

Assistant Book Shelves, Cushion seats, barricades etc, the other 8 court halls have

been furnished as per the court halls of High Court of Madras with a smaller single

dais for Honble Judge with other furniture such as cushion seats and barricading etc.

Network connection has been given to all sections and head of offices . The

Personal Assistant Section in the first floor is also fully air conditioned with false ceiling

arrangements. Computer facility provided to departments. Landscaping has been donein front of the Administrative Block.

Categories: Courthouse, Court,Government Office

Public transport:Othakadai Bus Stop (849 m NE)

Existing sorrounding : Institutional , Industrial

The Lawyers block will includeC t f th j t


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Cases can be retrieved through:

i. Case No.ii. Title (Petitioner/respondent Name)iii. Advocate nameiv. Lower court details

The latest information of a case with respect to the

status of the case, which could stand as:

i. Party namesii. Advocate namesiii. Subject categoryiv. Disposed of

v. Adjournedvi. Date on which last listedvii. Waiting Positionviii. Next date of hearingix. Diary No.


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The judicial block will include

The chamber for chief judicial magistrate

The chamber for district session judge.

The chamber for other judges and also for the visiting judges.

Waiting area.

Area for the staff of the judges.Court rooms.

Court office.

Library.

Cafeteria for judges(it includes the kitchen area,

dining area etc)

The administration block will include

The rooms for readers, registrar, steno etc

Record room

Copying room

Nazareth room

Store room

Typists and petition writers shed

Canteen for the public

Photo copy rooms

Waiting loungeToilets

The Lawyers block will include

Chambers for the Lawyers

Space for the clerks

Bar lounge

Library for the lawyers(criminal & civil)

Cafeteria(it includes the kitchen area and

the dining area)

Toilets

Components of the project:


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THESIS- 1OTH SEMESTERBATCH(2007 2012)

judicial complex-literature study

Documents