Scribd Logo
Upload

Welcome to Scribd!

  • 121 views

    Schematic Representation of Courts Under East India Company 1. Court Under Settlement at Surat

    Uploaded by

    Gunjan Joshi
    1. The document outlines the evolution of the court system established by the East India Company in its settlements in India from the 17th to late 18th centuries. 2. Initially, each settlement had its own local courts headed by Governors and Councils to handle civil and criminal cases. Specialized courts like Admiralty and Mayor's Courts were later established in some areas. 3. Warren Hastings introduced the "Adalat system" in 1772, dividing regions into districts headed by Collectors and establishing different courts for original jurisdiction and appeals. The system was further reformed in the late 18th century with Provincial Councils and Diwani Adalats.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Schematic Representation of Courts Under East India Company 1. Court Under Settlement at Surat

    Uploaded by

    Gunjan Joshi
    121 views8 pages
    1. The document outlines the evolution of the court system established by the East India Company in its settlements in India from the 17th to late 18th centuries. 2. Initially, each settlement had its own local courts headed by Governors and Councils to handle civil and criminal cases. Specialized courts like Admiralty and Mayor's Courts were later established in some areas. 3. Warren Hastings introduced the "Adalat system" in 1772, dividing regions into districts headed by Collectors and establishing different courts for original jurisdiction and appeals. The system was further reformed in the late 18th century with Provincial Councils and Diwani Adalats.

    Original Title

    Court Structure-EIC-2

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1. The document outlines the evolution of the court system established by the East India Company in its settlements in India from the 17th to late 18th centuries. 2. Initially, each settlement had its own local courts headed by Governors and Councils to handle civil and criminal cases. Specialized courts like Admiralty and Mayor's Courts were later established in some areas. 3. Warren Hastings introduced the "Adalat system" in 1772, dividing regions into districts headed by Collectors and establishing different courts for original jurisdiction and appeals. The system was further reformed in the late 18th century with Provincial Councils and Diwani Adalats.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    121 views8 pages

    Schematic Representation of Courts Under East India Company 1. Court Under Settlement at Surat

    Uploaded by

    Gunjan Joshi
    1. The document outlines the evolution of the court system established by the East India Company in its settlements in India from the 17th to late 18th centuries. 2. Initially, each settlement had its own local courts headed by Governors and Councils to handle civil and criminal cases. Specialized courts like Admiralty and Mayor's Courts were later established in some areas. 3. Warren Hastings introduced the "Adalat system" in 1772, dividing regions into districts headed by Collectors and establishing different courts for original jurisdiction and appeals. The system was further reformed in the late 18th century with Provincial Councils and Diwani Adalats.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 8

    Schematic representation of Courts under East India Company

    1. Court under settlement at Surat.


    President and Council administered the factory at Surat.
    2. Settlement in Madras.
    First Stage 1639-1665:
    The Agent and his Council adjudicated for White people in White town.
    Choultry Court established for Black people in Black town. This Court headed
    by village Headman named Adigar.
    Second Stage 1665-1686:
    The Court of Governor and Council sat two days a week to decide all criminal
    and civil cases. There court called High Court of judicature. It also heard appeal
    from Choultry Court.
    Third Stage 1686-1726:
    Admiralty Court established for maritime and mercantile cases. This Court had
    three members and one was learned in civil law. In 1687, one lawyer member
    named Sir John Briggs appointed as Judge advocate. Governor and Council also
    gave this Court all civil and criminal cases.
    Establishment of Mayor’s Court
    Under Charter of 1687, Mayor’s Court established in Madras. This had one
    Mayor as head and all Alderman as members. Quorum was three. Lawyer
    member called Recorder appointed handled all criminal and civil cases. Appeal
    to Admiralty Court.
    3. Settlement in Bombay.
    First Stage 1668-1683

    BOMBAY
    (Divided into 2 Divisions each with 5 Judges including Indians)

    Custom Officer President of the Court Petty Criminal Cases

    Deputy Governor and Council Original and Appellate powers on


    A Superior Court Divisional Court

    1672 Proclamation, 3 Courts established

    Court of Judicature Court of Conscience Court of Appeal


    -Wilcox Presided, Presided by Wilcox Deputy Governor and Council

    - Civil Justice quick and summary

    - Criminal
    -Probate
    - Testamentary
    For Criminal cases Bombay into 4 sections
    Each headed by Justice of Peace
    (Committing Magistrate)
    Second Stage 1684-1693

    Admiralty Court Maritime, Mercantile Civil and Criminal

    Judge Advocate as Head

    Plan of 1672

    Court of Judicature

    Third Stage 1718-1726


    Court with Chief Justice and 9 Judges Civil, Criminal, Probate
    (Four Indians) and Testamentary

    4. Settlement at Calcutta
    Collector Revenue, Civil and Criminal

    Appeal to Governor Death sentenced to be


    and Council confirmed by them

    The Company as Zamindar administered Justice


    Cases decided by Zamindar- Appeal to Nawab
    Cases decided by collector- Appeal to Governor and Council
    5. Establishment of Crown’s Court in India
    Charter of 1726: Mayor’s Court
    Mayor’s Court In each Presidency. Court of Record
    (Mayor and Alderman) All Civil Cases grant Probates and Letter of
    Administration
    Governor and Council first appeal

    King-in- Council Second Appeal

    Governor and Council (In each Presidency Court of record


    Appeal to Civil
    Cases of Mayor’s Court and Criminal,
    Jury trial)
    Governor and 5 members Quarter Session
    Of Council as Justice of Peace;
    Criminal Court of Oyer and Terminer

    Charter of 1753:
    Suits between natives excluded to hear small civil cases
    from jurisdiction of Mayor’s Court

    A Court of Request Called Commissioners


    (Three Members)
    6. Beginning of Adalat System
    Warren Hastings

    Judicial Plan of 1772

    Bengal, Bihar and Orissa divided into Districts

    Districts headed by Collector Collectors of


    Revenue

    1. Courts of Original Jurisdiction

    Muffossil Fauzdari Muffossil Diwani Adalat Small cause Adalat


    Collector to oversee Collector as Judge Civil Court of Head
    (Criminal) (Civil) Farmer, Less Power
     Qazi Pandits
     Mufti Kazis
     Maulvies-2

    Capital Cases

    Sadar Nizamat Adalat for Confirmation Nawab for Approval


    2. Court of Appellate Jurisdiction

    Sadar Nizamat Adalat Sadar Diwani Adalat


    (Criminal) Governor and Council
     Daroga-i-Adalat (Heard Appeal from Muffossil Diwani Adalat )
     Chief Qazi
     Maulvies Thra

    General Supervision District Courts to send abstract


    by Governor and Council of records of cases

    Judicial Plan of 1774

    Muffossil Diwani Adalat

    Headed by Indian officer Amil or Diwan Collector removed


    (revenue)
    Bengal, Bihar and Orissa

    Six Divisions Supervised land revenue


    Each Division had Provincial Heard appeal from Muffossil
    Council Diwani Adalat and Original Civil
    (4-5 British Servants) Jurisdiction (Executive Work)
    Judicial Plan of 1780

    Provincial Council Diwani Adalat 6 Divisions


    for Revenue for Judicial -Calcutta
    -Murshidabad
    - Burdwan
    - Dacca
    - Dinajpur
    - Patna

    Headed by English Judge


    Called Superintendent
    (Assisted by Native law Officer) Jurisdiction
    Civil Cases not under
    Provincial Council
    Cases of less than Rs 100 referred to local
    Zamindar and Public Officers

    Sadar Diwani Adalat as Appellate Court


    Sir Impey, Chief Justice of Calcutta Supreme Court appointed as Sole Judge
    of Sadar Diwani Adalat.
    A separate department named Remembrancer of Criminal Courts established
    for control over Sadar Nizamat Adalat.

    Supreme Court at Calcutta


    By Regulating Act 1773 King George II-Letter of Patent

    Chief Justice: Sir Impey and Three Puisne Judges


    - Robert Chambers J
    - John Hyde J
    - Le Maistre J

    Supreme Court – Jurisdiction


    - Civil
    - Equity
    - Criminal
    - Ecclesiastical
    - Admiralty
    - Court of Record

    Judges of Supreme Court as Justices of Peace Writ Power


    in Bengal, Bihar and Orissa-

    King in Council to hear appeal in civil cases


    King in Council to hear appeal in Criminal Cases through Supreme Court
    only.

    You might also like