2.5.3 For the purpose of administration of justice the judicial division of the colony of Goa was subordinate to judicial headquarters of Lisbon. All the Judges, Magistrates and Court staff were subject to superior council of vigilance of the Ministry of Justice of colonies. This was an administrative and disciplinary apex institution regulating and guiding the colonial Judiciary. It was presided over by the Judge of the Supreme Court of Lisbon. It had disciplinary jurisdiction over Magistrates and officials of justice, ordered inspections and inquiries, fixed up seniorities, organised and classified Judges in merit list.

2.5.4 The judicial district of Goa consisted of Talukas, viz., Bardez, Bicholim, Daman and Tiswadi, Macau, Quepem and Salcete. Below the High Court, there were Comarca Courts and Julgado Municipal Courts. Comarca and Municipal Courts had civil, commercial and criminal jurisdiction. Comarca courts were established at Taluka headqusrters and in municipal areas which were not headquarters of Comarca, there were Julgado Municipal Courts. Appeals against the decisions of Comarca Judges in civil, criminal and commercial matters were entertained by the High Court.

2.5.5 The Comarca Judge had appellate as well as original jurisdiction and he heard appeals from subordinate Judges. The Comarca Judge also presided over the commercial courts.

2.5.6 In municipal areas which were not the headquarters of the Comarca, there was a Municipal Judge, nominated for a term of two years by a Governor of Province. In relatively backward areas a Juiz (Judge) instructor replaced the Municipal Judge. The Municipal Judge adjudicated on crimes and transgressions correspondingly separate or cumulatively to :-

(a) correctional imprisonment or work till six months;

(b) exile till six months; and

(c) or fine upto Rs. 300/-.

2.5.7 He had to organise criminal cases and in crimes corresponding to major penalties he had to carry preliminary investigations on who were the guilty and in case no sufficient information or data was there he could close the proceedings. He had to judge civil and criminal suits not within the purview of Popular Judges upto the value of Rs. 300/-. He also heard appeals against decisions of Popular Judges.

2.5.8 In the villages, Popular Judges (Juiz Popular) were nominated annually by the Governor of Colonies. The function of Popular Judges were to hold conciliation proceedings and judge summarily on equity and good conscience, civil cases on moveable goods or on damages till Rs. 15/-. He was to collect data on public crimes committed in the village, send up the process together with the prisoners to the higher judicial authorities.

2.5.9 The Decree of 1927 provided for a Conservator for registration of properties at every Comarca.

2.5.10 The Indian Constitution was extended to the territory of Goa, Daman and Diu after Liberation. In order to bring uniformity with other States in India, the administrative set up was switched from the Portuguese system to the Indian system.

2.5.11 Initially, all the laws in force at the time of Liberation were saved by the Goa, Daman and Diu (Administration) Act of 1962. The "Tribunal de Relacao" (High Court) was abolished in 1963 and the Court of Judicial Commissioner was established under the Goa, Daman and Diu (Judicial Commissioner’s Court) Regulations of 1963.

2.5.12 An important feature of Portuguese law which requires a specific reference and which even now continues to be in force in Goa is the Uniform Civil Code regulating family laws, namely, marriages, divorce, adoptions, succession, legitimacy of children, registration etc. This Uniform Civil Code was applicable to all communities, except that usages and customs of non-Christians were saved to a limited extent. It may also be pointed out that the Uniform Civil Code has been replaced in Portugal in 1966 wherein substantial changes have been introduced. The Goa Government had appointed a Law Commission in 1968 to go into the question and the Law Commission recommended that all Portuguese laws were to be repealed and to extend all personal laws with slight modification. However, nothing further was done. The Uniform Civil Code in existence needs to be examined and the legislation has to be brought on par with the needs of the Society.

2.5.13 Under the Goa, Daman and Diu (Laws) Regulation, 1962, read with Sections 7, 9, 10, 12 and 492 of the Code of Criminal Procedure, the Union Territory, for the purpose of Section 7 of the Criminal Procedure Code was considered as one Sessions Division consisting of three districts of Goa, Daman and Diu. The Court of Sessions for the Union Territory of Goa, Daman and Diu was established at Panaji. The Indian Penal Code, Code of Criminal Procedure and Evidence Act, were extended and besides the Court of Sessions, Courts of Judicial Magistrate First Class were established.

2.5.14 The District and Subordinate Civil Courts were established under the Goa, Daman and Diu Civil Courts Act, 1965. This District Court was set up at Panaji for the entire Union Territory of Goa, Daman and Diu. The Subordinate Courts of Civil Judge (Junior Division) and Civil Judge (Senior Division) were set up at the District Headquarters as well as some of the Talukas. The District Judge and the Subordinate Judges were to be appointed by the Administrator. The District Judge had no original jurisdiction except for land acquisition cases and suits against the Government. Subsequently, however, jurisdiction relating to suits against the Government were also withdrawn from the District Court and the same has been conferred on Civil Judge (Senior Division). The Civil Judge (Senior Division) has unlimited original jurisdiction. The Civil Judge (Junior Division) has pecuniary jurisdiction up to Rs. 1,00,000/-. Appeals from the judgments of the Civil Judge (Senior Division), lie before the High Court. Appeals from the judgments of civil Judge (Junior Division) lie before the District Judge.

2.5.15 The territorial limits of the jurisdiction of Civil Judge (Senior Division) and Civil Judge (Junior Division) are fixed by the State Government in consultation with the High Court by Notification in the Official Gazette.

2.5.16 The State Government may invest any Civil Judge (Senior Division) with power to hear appeals from such decrees and orders of a Civil Judge (Junior Division) as may be referred to him by the District Judge. The High Court may invest any Civil Judge with jurisdiction of Court of Small Causes for the trial of suits cognizable by such Courts, upto such amount as it may deem proper, not exceeding, in case of Civil Judge (Senior Division) Rs. 3,000/- and in case of Civil Judge (Junior Division) Rs. 1,500/-.

2.5.18 After Liberation of Goa, new Administrative Tribunal was set up replacing "Tribunal Administrativo", in the year 1965. The Administrative Tribunal is a final court of fact in matters pertaining to revenue, tenancy, survey, mundkar matters, institution of Comunidades, rent cases, sales tax matters, election matters pertaining to municipalities, etc.

2.5.20 At present, the Subordinate Judiciary consists of Grade I and Grade II. Grade I consists of District and Sessions Judges and Additional District and Sessions Judges. Grade II consists of Civil Judges (Senior Branch) and Civil Judges (Junior Branch).

2.5.21 The recruitment and conditions of service of Grade I and Grade II Officers are regulated by the Goa Civil Service (Judicial Branch) Rules, 1992. The initial recruitment to the cadre of Civil Judges (Junior Branch) is done by the Goa Public Service Commission from amongst the Advocates with not less than three years of practice or Assistant Public Prosecutor, on the basis of interview.

2.5.22 Every person appointed to the cadre shall be on probation for a minimum period of two years and the period of probation is liable to be extended.

2.5.23 At present, there are 20 posts in the pay scale of Rs.2200-75-2800-EB-100-4000 (equated to Rs.8000-13500 on the basis of Fifth Central Pay Commission).

2.5.24 The Civil Judges (Senior Branch) is a mixed cadre to be filled up partly by promotion and partly by direct recruitment. The High Court selects candidates to fill up 33 per cent of the posts by direct recruitment from amongst the Advocates with not less than five years practice at the Bar. The remaining 67 per cent of the posts are filled up by promotion from the Civil Judges (Junior Branch) with not less than four years service. A Writ Petition was filed by the Judicial Officers Association, Goa, challenging the direct recruitment to the post of Civil Judge (Senior Division) which was dismissed by the Bombay High Court and the Appeal is pending before the Apex Court.

2.5.25 At present, there are 14 posts carrying the pay scale of Rs.3200-100-3500-125-4625 (equated to Rs.10650-15800 on the basis of the Fifth Central Pay Commission).

2.5.26 The recruitment to Grade I posts consisting of District and Sessions Judges / Additional District and Sessions Judges is done by direct recruitment as well as by promotion in the ratio of 50 : 50. The direct recruitment is made by the High Court from amongst the Advocates with not less than seven years practice at the Bar. The remaining 50 per cent of the posts are filled up by promotion from the officers in Grade II (Senior Branch) and also from Grade II (Junior Branch) with ten years of service on the basis of selection. There are 8 posts of Additional District and Sessions Judges and two posts of District and Sessions Judges in the pay scale of Rs.4500-150-5700 with special pay of Rs.400/- per month (equated to Rs.14300-18300 on the basis of Fifth Central Pay Commission).

The District Court shall be the Principal Court of Original Jurisdiction in the district within the meaning of the Code of Civil Procedure.

The Civil Judge (Senior Branch) has unlimited pecuniary jurisdiction.

The Civil Judge (Junior Branch) has pecuniary jurisdiction upto Rs.25,000/-.

The territorial limits of the jurisdiction of every Civil Judge (Senior Branch) or Civil Judge (Junior Branch) shall be as fixed from time to time by the State Government in consultation with the High Court by notification in the official gazette.

In all suits decided by the Civil Judge (Senior Branch), the subject matter of which exceeds Rs.25,000/-, the appeal would lie to the High Court.

The State Government, may, invest any Senior Civil Judge with powers to hear appeals from such decrees and orders of a Junior Civil Judge as may be referred to him by the District Judge.

The High Court, may, invest any Civil Judge with jurisdiction of a Court of Small Causes for the trial of suits cognizable for such Courts upto such amount as it may deem proper not exceeding in the case of Senior Civil Judge Rs.3,000/- and in the case of Junior Civil Judge Rs.1,500/-.

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