LITERATURE STUDY

JUDICIAL COMPLEX
THESIS – 10TH SEMESTER
BATCH – (2007-2012)

R.C.VAISHNAVI
REG NO : 2721154
SATHYABAMA UNIVERSITY
HISTORY OF SUPREME COURT,INDIA
The original Constitution of 1950 envisaged a Supreme Court with a Chief Justice and 7 puisne Judges - leaving it to L
Parliament to increase this number. In the early years, all the Judges of the Supreme Court sat together to hear the I
cases presented before them. As the work of the Court increased and arrears of cases began to cumulate, T
Parliament increased the number of Judges from 8 in 1950 to 11 in 1956, 14 in 1960, 18 in 1978 and 26 in 1986. As
the number of the Judges has increased, they sit in smaller Benches of two and three - coming together in larger E
Benches of 5 and more only when required to do so or to settle a difference of opinion or controversy. R
The Supreme Court of India comprises the Chief Justice and 30 other Judges appointed by the President of India.
Supreme Court Judges retire upon attaining the age of 65 years. In order to be appointed as a Judge of the A
Supreme Court, a person must be a citizen of India and must have been, for atleast five years, a Judge of a High T
Court or of two or more such Courts in succession, or an Advocate of a High Court or of two or more such Courts in U
succession for at least 10 years or he must be, in the opinion of the President, a distinguished jurist. Provisions
exist for the appointment of a Judge of a High Court as an Ad-hoc Judge of the Supreme Court and for retired R
Judges of the Supreme Court or High Courts to sit and act as Judges of that Court. E

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 Functioning of supreme court
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. L
For this purpose, it can issue writs like Habeas Corpus, Mandamus, Quo Warranto, etc. The orders of the I
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 T
India look to it for justice. Its functions: The Supreme Court is the highest judicial tribunal of India and as such it E
is 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
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between the States of the Indian Union. Appellate Jurisdiction, (a) In civil cases, an appeal from the judgement A
of the High Court can be taken for appeal to the Supreme Court. (b) In criminal cases, appeal from the judgment T
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 U
court a case for trial before itself and has on such trial convicted the accused person and sentenced him to R
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
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fact of public importance for the opinion and report of the Supreme Court.
POWERS OF HIGH COURT S
T
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, U
orders, or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and D
certiorari, or any of them for the enforcement of any of the rights conferred by Part-III and for any other
purpose.
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 The court is composed of seven justices who L
are elected in state-wide, non-partisan I
elections. T
Administrative E
1. Director of State Courts. The director of state courts, who is
appointed by and serves at the pleasure of the court, R
administers the nonjudicial business of the court system at A
the direction of the chief justice and the court. The authority
and responsibilities of the director are set forth in the
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Supreme Court Rules. U
2. Clerk. The clerk of the Supreme Court, who is appointed by R
the Supreme Court, performs the duties of the office
prescribed by law and such other duties as may be prescribed E
by the court or the chief justice. The clerk is the custodian of
all court records and is responsible for the supervision and
3. Chief Deputy Clerk. The chief deputy clerk, who
processing of matters from the time of filing with the court
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is hired by the clerk of the Supreme Court, assists
until their ultimate disposition. The clerk is also clerk of the T
the clerk in the performance of the duties of that
office and performs those duties in the absence
Court of Appeals, and the clerk's office serves both courts. U
Consequently, the records filed in the Court of Appeals are
of the clerk.
readily available to the Supreme Court. D
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 WISCONSIN SUPREME COURT
4. Marshal. The marshal, who is hired by the director of state courts with the
approval of the Supreme Court, attends the sessions of the court and L
performs the duties assigned by the court, the director of state courts and I
the clerk.
5. Deputy Marshal. The deputy marshal, who is hired by the T
marshal, assists in the performance of the duties of the marshal and, in the E
absence of the marshal, performs those duties.
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Legal A
1. Supreme Court Commissioners. Supreme Court T
commissioners are attorneys licensed to practice law in Wisconsin who U
are hired by and serve at the pleasure of the court. The commissioners
perform research, prepare memoranda and make recommendations to R
the court regarding matters brought within the court's appellate and E
original jurisdictions and rule-making authority, and perform other
duties as the court or the chief justice may direct. Matters are assigned
to the commissioners on a rotating basis. S
2. Law Clerks. Law clerks assist the justices in performing T
research. Law clerks are hired by and serve at the pleasure of the
individual justice. Law clerks are law school graduates who are U
customarily hired to serve for one year. Each law clerk performs D
research, prepares memoranda and performs other duties as the
individual justice may direct. Y

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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 L
civil hearings.
Judge's Associate - The associate is a member of the judge's personal staff, and helps in the administration of the I
court including preparing documents, recording decisions and issuing forms and warrants. T
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 or
E
the Commonwealth of Australia. R
Defendant/Accused - The person charged with committing an offence. A
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 T
trial. U
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.
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Monitor - Ensures all court proceedings are recorded. If a monitor is not in court it usually means that the E
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. S
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 HIGH COURT ROOM – LAYOUT

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MAGISTRATE COURT ROOM –
LAYOUT In UK
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 Number of case lists in US DISTRICT
COURT
U.S. DISTRICT COURT - JUDICIAL CASELOAD PROFILE
ALL DISTRICT COURTS
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I
2011 2010 2009 2008 2007 2006

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

Overall Terminations

Overall Pending
391,388

337,407
384,600

351,697
340,769

359,295
311,523

347,096
327,529

327,159
342,117

305,511
T
Last Year % Change in Filings

% Change in Filings
1

10.5 12.2 8.5 18

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Number of Judgeships

Vacant Judgeship Months

677

989.2
678

937.6
678

488.1
678

402
678

417.4
678

413
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Per Judgeship Total Filings 560 554 505 498 515 473 A
T
Per Judgeship Civil Filings 428 421 379 378 401 360

Per Judgeship Criminal Filings 99 99 95 89 84 85

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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

Per Judgeship Terminations

505

578
485

567
471

503
473

459
478

483
467

505
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Per Judgeship Trials Completed

Median Times to Criminal Disposition

20

6.9
20

6.9
20

7.1
20

7.3
20

7.7
18

7.6
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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 S
T
Percent of Civil Cases Over 3 Years Old 13.6 15.4 9.4 7.8 9 11.1

US COURTROOM LAYOUT Avg. Felony Defendants Per Case 1.4 1.3 1.3 1.4 1.4 1.4

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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

Civil
TOTAL

289630
A

15697
B

60631
C

53692
D

2372
E

10078
D
Criminal 66442 4073 10728 27335 7049 6947
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 List of judges in coimbatore bench
District Judges L
Principal District JudgeI Additional District JudgeP.O., Labour
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CourtAdditional District Judge & P.O., Special Court under E.C. ActJudge,
Family CourtII Additional District Judge (CBI Cases)Sessions Judge, Sessions
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Court for Trial of Bomb-Blast CasesMahalir Neethi MandramAdditional E
District & Sessions Judge for Fast Track Court - IAdditional District & R
Sessions Judge for Fast Track Court - IIAdditional District & Sessions Judge A
for Fast Track Court - III T
Civil Judges (Senior Division) U
Chief Judicial MagistratePrincipal Sub Judge I Additional Sub Judge II R
Additional Sub JudgeIII Additional Sub Judge Additional Judicial Member E
(STAT)Judicial Officer Corporation of Coimbatore
Civil Judges (Junior Division)
Principal District MunsifI Additional District MunsifII Additional District S
MunsifIII Additional District MunsifJudicial Magistrate - IJudicial Magistrate T
- IIJudicial Magistrate - IIIJudicial Magistrate - IVJudicial Magistrate - U
VJudicial Magistrate - VIJudicial Magistrate - VIIJudicial Magistrate - VIII D
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 TYPES OF COURTS AND LIST OF CASES

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 Supreme Court of Victoria
HISTORY L
Building
Originally the Supreme Court of Victoria occupied buildings in La Trobe Street, which were opened on 15 July 1843.
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The Court moved to the present Supreme Court Buildings in William Street in 1884, where sittings were first held on T
15 February 1884. E
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, R
one hundred and forty feet from the ground, is forty feet above the internal dome. In the days before multi-storied A
buildings, it must have been intended that the external dome should dominate the skyline from a distance, standing
high above the surrounding buildings.
T
Entrance to the Library from the Courts is by a constricted porch into a low foyer, which leads in turn into a circular U
space three stories high. Surrounding this central area on three sides are book stacks, reading alcoves and offices on R
two levels. There are no book stacks in the central area; there the only furniture is a decagonal walnut reading table
surrounding an ornate brass Victorian gasolier, now electrically lit. E
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.
S
On the walls hang oil paintings of former Chief Justices and other Judges of the Court, some by such famous masters T
as Longstaff, Meldrum and Dargie. There are also busts of former Judges, and items of historical interest relating to U
the Supreme Court.
The National Trust classifies the Library building (as distinct from the whole of the Supreme Court Building) in D
Category A, that is, of national importance, to be preserved at all costs. Y

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About the Court
The 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 L
within the same building, and construction commenced in late 1998. When the work was completed in late 1999, the I
Library had gained two new floors and approximately two kilometres of additional shelf space, along with a lift giving
access to all floors.
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Courtroom Technology
The Supreme Court has available a
range of courtroom technologies,
infrastructure and skilled staff to facilitate L
the use of technology in litigation and, I
generally, to support the needs of
litigants, lawyers and the Court. T
Information in this section is intended
to inform lawyers and litigants who are
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considering the use of technology in R
litigation in the Court about the Court's
requirements and facilities.
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What is Transcript?
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Transcript is the documented record of what happens in a court proceeding. It is a faithful record of what is said and by R
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.
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When is Transcript Required?
The provision of transcript is a requirement of all proceedings in the Supreme Court.
Criminal proceedings S
The Victorian Government Reporting Service (VGRS) provides transcript for all criminal proceedings in the Supreme Court. T
Telephone contact is 9603 2451.
Civil proceedings U
Transcript for civil proceedings is provided by contract providers engaged by the litigants. The arrangements are D
prescribed in Supreme Court Practice Note No. 3 of 2002 (Transcript in Civil Proceedings)
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 TYPES OF COURTS IN HIGH COURT OF TAMILNADU
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The Indian Judiciary is partly a Labour Courts
continuation of the British legal I
Industrial Tribunal
system established by the English in Sales Tax Appellate Tribunal
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the mid-19th century based on a State Transport Appellate Tribunal E
typical hybrid legal system in which Special Court under Essential Commodities Act R
customs, precedents and legislative Deputy Administrative General & Official A
law have validity of law. TrusteeT
Family CourtsU
Sessions Judge, Magalir Neethimandram R
Director, Tamil Nadu State Judical Special Court under T.N.P.I.D. Act
Academy E
Special Court under N.D.P.S. Act
Member, Tamil Nadu State Legal Services Sessions Judge, Sessions Court for Trial of
Authority Bomb-Blast Cases S
City Civil Court Administrative General & T
Official Trustee U
Court of Small Causes D
Metropolitan Magistrates Y

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HISTORY
The High Court of Judicature at Madras, one of the three High Courts in
India established at the Presidency Towns by Letters Patent granted by L
Her Majesty Queen Victoria, bearing date 26th June 1862, is the highest I
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 T
extra-ordinary Original Jurisdiction, Civil and Criminal, under the Letters E
Patent and Special Original Jurisdiction for the issue of writs under the
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Constitution of India.
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Madurai Bench Architecture – Indo Sarcenic
A second bench of the Madras T
Approach road – N.S.C. U
High Court has been functioning
Bose road R
at Madurai since 2004. It has
jurisdiction over districts of Sorrounding land use – E
Kanyakumari, Tirunelveli, commercial , public,
Tuticorin, Madurai, Dindigul, institutional S
Ramanathapuram, Offsite benefits - bud T
Virudhunagar, Sivaganga, stand, C.B.D, U
Pudukkottai, Thanjavur, Climate – warm and humid
Tiruchirappalli and Karur. D
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MADURAI BENCH OF HIGH COURT ,CHENNAI
FUNCTIONING :
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 Halls, Chambers of Hon’ble Judges, Steno room
as in the case of the Madras High Court.
THESIS- 1OTH SEMESTER
BATCH(2007-2012)
The Madras High Court Bench
at Madurai was inaugurated
on Saturday, the 24th July of L
2004 by Hon'ble Mr.Justice I
R.C. LAHOTI, Chief Justice of T
India E
Location :Madurai, NH 45B, Tamil Nadu R
The Administrative Building is a four storied
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building with a total plinth area of 22,929 Sq.m.
It houses all the Offices and Departments of T
the High Court Bench. The building, housing U
the Court Halls, is two storied with a ceiling R
height of 7.20m and other area of the building E
is four storied with a height of 3.60 m.
The total plinth area of the building is 15209 S
Sq.m and it consists of 12 Numbers, of Court T
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and Visitors Halls. The Hon’ble Judges Chamber
has a resting room with toilet facilities.
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 The air conditioning work and wall paneling of court halls and the Hon’ble 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 L
furnished based on the model of Supreme Court of India and Delhi High Court. I
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Categories: Courthouse, Court,
Government Office R
A
Public transport: Othakadai Bus Stop (849 m NE)
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Existing sorrounding : Institutional , Industrial
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The four court halls have full dais with secondary dais for court officer and Personal R
Assistant Book Shelves, Cushion seats, barricades etc, the other 8 court halls have E
been furnished as per the court halls of High Court of Madras with a smaller single
dais for Hon’ble Judge with other furniture such as cushion seats and barricading etc. S
Network connection has been given to all sections and head of offices . The T
Personal Assistant Section in the first floor is also fully air conditioned with false ceiling
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arrangements. Computer facility provided to departments. Landscaping has been done
in front of the Administrative Block. D
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 Components of the project: The Lawyers ‘block will include
•Chambers for the Lawyers
The judicial block will include •Space for the clerks
•The chamber for chief judicial magistrate L
•Bar lounge
•The chamber for district session judge. •Library for the lawyers(criminal & civil) I
•The chamber for other judges and also for the visiting judges. •Cafeteria(it includes the kitchen area and T
•Waiting area. the dining area)
•Area for the staff of the judges. •Toilets
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•Court rooms. Cases can be retrieved through: R
•Court office.
•Library. A
i. Case No.
•Cafeteria for judges(it includes the kitchen area, ii. Title (Petitioner/respondent Name) T
•dining area etc) iii. Advocate name U
The administration block will include iv. Lower court details
•The rooms for readers, registrar, steno etc R
•Record room E
•Copying room The latest information of a case with respect to the
•Nazareth room status of the case, which could stand as:
•Store room
i. Party names
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•Typists and petition writers shed T
ii. Advocate names
•Canteen for the public iii. Subject category
•Photo copy rooms iv. Disposed of
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•Waiting lounge v. Adjourned D
•Toilets vi. Date on which last listed
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viii. Next date of hearing
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