Wellcome to National Portal
মেনু নির্বাচন করুন
Main Comtent Skiped

Village Court

Uthali Union Parishad plays an important role in establishing peace order of the union. If a case is filed, the court sits to conduct the trial. The chairman of the union council in the village court is a member of the union council. Reserved women members and dignitaries of the area are present.

Village court
Gram Adalat was established in 1976 with the aim of establishing justice for the disenfranchised people in the rural villages. Village Courts are for the disposal of minor crimes at the village level at low cost and in a short time All activities of the Gram Adalat are conducted as per the Gram Adalat Ordinance 1976.


Formation of village court
According to the Gram Adalat Ordinance, 1976, the Gram Adalat is constituted with a Chairman in the Union Parishad and two representatives from both sides of the plaintiff and defendant, i.e. a total of 5 members. One of the two judges nominated by both the parties has to be a member of the Union Parishad. The Chairman of the Union Parishad performs the duties of the Chairman of the Village Court If for any reason the Chairman of the Union Parishad is unable to perform the duties of the Chairman of the Gram Adalat or his impartiality is questioned, the Thana Executive Officer nominates another member of the Union Parishad (who has not been nominated by any party) as the Chairman of the Gram Adalat. If a party is unable to nominate a member of the Union Parishad due to partisanship, another person may be nominated as a member of the Gram Adalat with the permission of the Chairman.


Jurisdiction of village court
According to Gram Court Ordinance 1976, two types of criminal and civil cases can be tried in Union Parishad Gram Court.


Criminal matters
Being a member of an unlawful mob or engaging in rioting (unlawful) with less than 10 members (Sections 143 and 147 D.B.), common injuries, criminal trespass, harmful acts, damages up to Rs 5,000 (Section 312, 427 and 447 (b) Assault, illegal siege, illegal use of force, illegal intimidation, drug addiction, molestation of women by innuendo etc. 510 Dh Bh);
All forms of theft (if the value stolen is Rs. 5,000 or less (Sections 479, 385 and 381 B);
Embezzlement of immovable property, breach of trust, fraud, destruction of documents (Sections 403, 406, 417 and 420 Db).


Civil matters
§ The case of recovery of stolen money
§ Suits for recovery of immovable property or recovery thereof
§Suit for recovery of possession of immovable property within one year of loss of possession
§ Suits relating to recovery of damages for destroyed temporary articles
§Kesarat suit for encroachment of cattle
§ In some cases Village Courts cannot administer justice, viz.-
    - If the accused person has been previously convicted by a superior court
    - If property of minor is involved
    - If any arbitration is arranged in respect of an existing dispute
    - In case of Government or Local Authority or any Government servant in action
Many people confuse village court and arbitration system Village court and arbitration are two different things Village Courts have the power to try both civil and criminal trials But arbitration only solves family issues (eg - maintenance, dowry, polygamy etc.) Arbitration can be done by any person or any organization.

 

Court Fee:
According to the Village Court Ordinance, the application form has to be filed with the chairman of the Union Parishad. In case of criminal case, a fee of two rupees and in case of civil case, four rupees will be charged. The receipt of payment of fee should be submitted with the application.


Selection of village court site
The village court is constituted in the union in which the crime of the area is committed Where the offense is committed in one union area but the accused belongs to another union, he can nominate a member from a self-sovereign union.


Powers of Village Courts
The village court can file a case for recovery of maximum compensation of Rs.5,000/- Village Court can impose fine in two cases
First: The maximum fine of 500 rupees for contempt of the village court
Secondly, refusing to file a document which is not a state secret or refusing to serve a summons can attract a maximum fine of Rs.250.


Procedure of village court

Candidates can apply to the Chairman of the Union Parishad by paying a fee of 4 rupees in case of civil cases triable by village court and 2 rupees in case of criminal cases. The application form should contain the following details:
§Name of Union Council
§Applicant's name and address
§ Name and address of the defendant
§Name of the Union Parishad, where the offense has been committed
§Summary of Arbitration

Procedure of village court:
§ If the application is received, it should be recorded in Form No. 1 If the complaint is found to be unsubstantiated, the chairman may reject the application The aggrieved person may apply for reconsideration before the Assistant Judge/Magistrate within 30 days if the order of refusal is wrongfully made.
§ If the application is accepted, the chairman will summon both the plaintiff and the defendant to appear at the specified date and time Summons to be issued in person, receiving signature of summons recipient on opposite page of summons If the defendant is not found, a copy of the summons shall be posted in a public place of his house and the summons shall be deemed to have been issued.
§Within one week, the Union Parishad Chairman will ask both the plaintiff and the defendant to nominate their members and the court will be constituted with the nominated members. The opposing party shall be asked to file a written objection within 3 days of the formation of the court If not given in writing, it should be said orally or written down The court will sit in judgment on the specified day The hearing cannot be adjourned for more than 7 days
§If the applicant fails to appear on the scheduled date, the Chairman may reject the application if he feels that the applicant is negligent.
§ Reinstate within 10 days of rejection and fix the date of the case
§Similarly if the defendant is negligently absent, the Chairman shall dispose of the hearing of the case In this case, if the defendant applies within 10 days, the case will be reinstated and a date will be fixed for hearing


Decision of village court
The judgment of the village court should be announced publicly Decisions taken unanimously or by four-fifths vote shall not be subject to appeal If the decision is by two-thirds vote, it can be appealed Within 30 days of the announcement of the decision, any party may appeal to the Court of Police Magistrate in criminal cases and Assistant Judge (Munsef) in civil cases.


Collection of fines
Contempt of Court In case of fine for willful disobedience of summons or refusal to pay the fine, if the information is sent to the Police Magistrate after the lapse of specified time, he will consider the judgment of his own court and collect it and default may result in imprisonment/fine. The compensation amount will be recovered as arrears after the lapse of specified time.