Mangaluru

About Mangalore Court

GROWTH OF JUDICIARY IN DAKSHINA KANNADA DISTRICT

 

Prior to 1860 Dakshina Kannada District was part of ‘Kanara District’ which was administered by Madras Presidency. In the said year Kanara District was divided as ‘South Kanara’ and ‘North Kanara’ districts, but continued in Madras Presidency. At the time of reorganization of the States in the year 1956, Dakshina Kannada district was transferred to Mysore State (Now Karnataka State). In the year 1997, with the object of smooth administration, the Government of Karnataka split Dakshina Kannada district into two districts, known as “Udupi District” and “Dakshina Kannada District” .

The present Civil and Criminal Justice System came into being in the year 1793 in Bengal. In the year 1802 the system was extended to Madras Presidency. In 1802 the Court of Foujidar Adalath, Court of Circuit and District Magistrate Courts started functioning in Madras Presidency. In 1802 District Magistrate Court was brought to the jurisdiction of Civil Courts. In 1802 four Circuit Courts were opened. In 1806 the jurisdiction of Courts were changed and they were called as North, Central, South and East Province Circuit Courts. The Courts in Kanara District fell within the Eastern Part/Province.

In 1804 the District Collector was the District Magistrate. In 1806 many District Courts were established in Madras Presidency. In the same year the District Court at Mangalore was established having jurisdiction over Kanara and Sonda. The British Judge assumed charge as District Judge, Mangalore and the magisterial power with District Collector was discontinued. The District Judge was provided with service of Government Pleader. Under the District Judge, Registration Court and Local Commissioners courts were functioning. The local Jahagirdars, merchants and Khazis appointed as local commissioners were known as “Sadar Amins’.

In 1843 the designation was changed as ‘Principal Sadar Amin”. They were functioning as Munsiffs in the litigation of tenants and farmers. In the month of July, 1808 the District Court at Mangalore was shifted to Honnavar. However in the year 1812 the District Court was again brought back to Mangalore.

In 1816 District Magistrate powers were transferred from District Judge to District Collector. In all District headquarters under the District Judge, Criminal Courts were established. In 1816 in Taluk headquarters District Munsiffs were appointed. In the first part of nineteenth century in the District British system of Judicial Administration started to develop and the mediation principle which was in vogue prior to British era was pushed to back door. As the British system was costly the general public opposed the heavy expenditure. However, such protests were curbed.

The leaders were taken to custody and subjected to enquiry. Though repeated requests were made to entrust judicial dispensation power to locals, the same was not accepted. In the year 1827 local Civil and Criminal Courts were established. Earlier to bifurcation of judiciary and executive, in Dakshina Kannada District, judicial department was divided into two parts. Civil Courts were under the control of District Judge and Criminal Courts were under the control of District Magistrate. So far as civil litigation is concerned, in Mangalore one District Court and One Subordinate Court were functioning. Six District Munsiff Courts were functioning at Mangalore, Kasaragod, Kundapura, Udupi, Karkala and Puttur. As long back as in the year 1846, the District Munsfif Court in respect of Udupi Taluk was functioning at Barkur.

In the year 1882 the Munsiff court was established in Kundapura. The Mangalore Bar Association came into formation in the year 1881 and the said Association celebrated its 125th year of existence recently in the year 2007. In the year 1898 the District Munsiff Court was shifted from Barkur to Udupi. Except thirty three (33) villages in the north of Udupi Taluk and fourteen (14) villages in the east of Udupi Taluk, other Taluks were within the jurisdiction of Udupi District Munsiff Court. Kundapur Revenue division and thirty three (33) villages of Udupi district were within the jurisdiction of Kundapur Munsiff court. Forty two villages of Mangalore Taluk and fourteen villages of Udupi Taluk were within the jurisdiction of Munsiff Court at Karkala. So far as criminal justice system is concerned, in Mangalore one District Magistrate Court, in Puttur one Sub Divisional Magistrate Court, in Karkala Judicial Magistrate First Class Court and in Mangalore, Kundapur, Udupi, Puttur and Bantwal five Sub Magistrate Courts were functioning. Prior to independence in Mangalore Taluk Patels were functioning as Magistrates and dispensing justice. Suits worth up to five hundred rupees were decided by Patels in Grama Chavadi. The Patels had no power to impose fine, as such, they were solving the disputes by settlement. The disputes relating to land, water and right of way were falling within the jurisdiction of Patels.

The Village Courts were functioning in Temple, Gramachavadi, Aralikatte or Panchayathi katte. The decision of Patel was not final. There was provision to go in appeal to Munsiff court or other appellate courts. In courts Kannada was the language of transaction. In the year 1956 on formation of New Mysore State the Civil Courts Act came into being. As per it in every district the District courts and Civil courts were established and in Taluk levels Munsiffs Courts and JMFC Courts were established. In 1964 new Mysore Civil Courts Act came into being and a cadre of judges was created. The said Act provided for a uniform law relatign to the constitution, powers and jursidiction ofteh Civil Courts in the State. In the administrative control of District Court the courts in Taluk places are functioning.

The subordinate civil courts are divided into three classes viz.

(1) District Court, Court of Civil Judge and the Munsiff’s Court. However the designation of Civil Judges is changed as Senior Civil Judge and the designation of Munsiff is now changed as Civil Judge. After enactment of Family Courts Act in the year 1984 with a view to promote conciliation and speedy settlement of disputes relating to marriage and family affairs and for matters connected therein, a Family Court has also been established in this District in the year 2011. In this unit two Fast Courts established with the object of speedy disposal are also functioning in Mangalore and Puttur The list of Presiding Officers/Courts functioning in Dakshina Kannada District .

1. The Principal District & Sessions Judge, D.K., Mangalore.

2. The I Addl.District & Sessions Judge, D.K., Mangalore.

3. The II Addl.District & Sessions Judge, D.K., Mangalore.

4. The III Addl. District & Sessions Judge, D.K., Mangalore.

5. IV Addl. District and Sessions Judge , D.K., Mangalore.

6. Labour Court, Mangalore.

7. Prl. Family Court, Mangalore

8. I Addl. Family Court, Mangalore.

9. V Addl. District & Sessions Judge , Puttur

10. VI  Addl. District and Sessions Judge , D.K., Mangalore.

11. Principal Senior Civil Judge & C.J.M., Mangalore.

12. I Addl.Senior Civil Judge & C.J.M., Mangalore.

13. II Addl.Senior Civil Judge & C.J.M., Mangalore.

14. III Addl.Senior Civil Judge & JMFC Mangalore.

15. Senior Civil Judge & Member Secretary, District Legal Service Authority, D.K., Mangalore.

16. Prl.Civil Judge Mangalore.

17. I Addl.Civil Judge & J.M.F.C., Mangalore.

18. II Addl.Civil Judge & J.M.F.C, Mangalore.

19. III Addl.Civil Judge & J.M.F.C., Mangalore.

20. IV Addl.Civil Judge & J.M.F.C., Mangalore.

21. V Addl.Civil Judge & J.M.F.C., Mangalore.

22. J.M.F.C. (II Court) Mangalore.

23. J.M.F.C. (III Court) Mangalore.

24. J.M.F.C. (IV Court) Mangalore

25. Special Judicial Magistrate, Mangalore.

26. J.M.F.C. (V Court) Mangalore

27. Principal Senior Civil Judge and ACJM Puttur

28. Addl. Senior Civil Judge & J.M.F.C., Puttur.

29. Principal Civil Judge, Puttur.

30. Addl.Civil Judge, & J.M.F.C., Puttur.

31. Senior Civil Judge & J.M.F.C., Bantwal.

32. Principal Civil Judge, Bantwal.

33. Addl.Civil Judge & J.M.F.C., Bantwal.

34. Senior Civil Judge & JMFC,  Belthangady

35. Civil Judge & J.M.F.C., Belthangady

36. Addl.Civil Judge & JMFC, Belthangady

37. Senior Civil Judge & JMFC, Sullia

38. Civil Judge & J.M.F.C., Sullia.

39. Civil Judge & J.M.FC, Moodabidre.