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    Bombay Judical System On 15th December, 2015

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    Bhanu
    The document describes the evolution of the judicial system in Bombay from 1668 to 1726. It began with the Court of Judicature headed by the Governor and Council. Later systems included separate civil and criminal courts, with local courts in divisions of the city. The courts struggled with a lack of separation between executive and judicial powers. Over time the system became more formalized with dedicated judges and courts.

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    © All Rights Reserved
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    Bombay Judical System On 15th December, 2015

    Uploaded by

    Bhanu
    24 views27 pages
    The document describes the evolution of the judicial system in Bombay from 1668 to 1726. It began with the Court of Judicature headed by the Governor and Council. Later systems included separate civil and criminal courts, with local courts in divisions of the city. The courts struggled with a lack of separation between executive and judicial powers. Over time the system became more formalized with dedicated judges and courts.

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    Bombay Judical System on 15th December, 2015

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    The document describes the evolution of the judicial system in Bombay from 1668 to 1726. It began with the Court of Judicature headed by the Governor and Council. Later systems included separate civil and criminal courts, with local courts in divisions of the city. The courts struggled with a lack of separation between executive and judicial powers. Over time the system became more formalized with dedicated judges and courts.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    24 views27 pages

    Bombay Judical System On 15th December, 2015

    Uploaded by

    Bhanu
    The document describes the evolution of the judicial system in Bombay from 1668 to 1726. It began with the Court of Judicature headed by the Governor and Council. Later systems included separate civil and criminal courts, with local courts in divisions of the city. The courts struggled with a lack of separation between executive and judicial powers. Over time the system became more formalized with dedicated judges and courts.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    of 27

    The Court of Judicature

    Governor and Council


    The Admiralty Court
    Law expert
    Two Merchants
    The Mayor Court
    Mayor
    3 Aldermen
    The Choultry Court
    Three British servants
    1
    Bombay Judicial system

    • First phase:1668-1684
    • Second Phase:1684-1690
    • Third Phase: 1718-1726

    2
    • The Portuguese were the first Europeans nation to
    acquire the Island of Bombay in 1534.
    • In 1661 the Portuguese king Alfonsus VI
    transferred the Island to Charles II, as dowry on
    marriage of his sister Princess Catherine with
    British king.

    • It transferred to the East India Company in 1668.


    • The charter empowered the company to make laws
    for the good government of the Island and also
    authorized to create courts to judge all persons all
    actions.

    3
    Both civil and criminal powers were given to the
    company and they could inflect any punishment
    based on English law.
    the charter 1668 marks that the transition of the
    company from a trading company to a
    Sovereign invested with powers of civil and
    military Government.

    Deputy Governor and Council were appointed to


    administer Bombay.

    The first judicial system was established in 1670


    with efforts of Aungier.
    Bombay 1670
    Division II

    Division I
    Bombay, Mazagaon
    and Girgon

    Division II
    Mahim, Parel, Sion
    Girgon and Worli

    Division I
    5
    Division I Division II
    Bombay, Mazagaon Mahim, Parel, Sion
    and Girgon and Worli
    Customs officer Customs officer
    five judges five judges

    6
    Each Division
    Customs officer
    five judges/justice of peace

    1 2 3 4 5
    Subdivision Subdivision Subdivision Subdivision Subdivision

    7
    • A court consisting five judges was started in
    each division.
    • A customs officer of each division, was to be
    president of respective court.

    • The court was authorized to decide all cases and


    required to keep a register and had to submit
    their reports to the deputy governor.

    • Causes beyond the jurisdiction and limits of the


    local courts placed under deputy governor and
    council.
    • The deputy governor and council were constitute a
    superior court.
    • By means of standard, the system of 1670 was very
    elementary and suffered from several drawbacks.

    • No division between executive and the judiciary.

    • Administration of justice was committed to traders


    who had no knowledge of law and who received
    no salary for judicial work done by them.

    • The old system abolished in 1672, and the new


    courts came into existence.
    9
    Court of Judicature
    Civil Jurisdiction
    Wilcox
    Jury ( 12 British )
    ( once in a week)
    Criminal Jurisdiction
    Wilcox
    4 Justice of peace
    Bombay, Mahim, Mazagaon and Sion
    ( once in Month)

    10
    Mahim
    3 Sion 4

    Mazagaon
    2

    Bombay
    1

    11
    Criminal Court
    Wilcox
    4 Justice of peace 1

    Bombay Mazagaon Mahim Sion

    12
    Court of conscience
    Wilcox
    Civil
    One in a week

    13
    Courts from 1672
    Deputy Governor Court
    Governor with Council
    Court of Judicature
    Wilcox with a Jury
    Court of conscience
    Wilcox

    14
    Judicial system of 1672
    Court of Judicature:
    Civil Jurisdiction ( once in a week)
    Mr. Wilcox appointed as judge and all civil and
    criminal matters placed under him.
    All the civil cases were to be tried with held of
    Jury.
    Jury would usually consist of 12 Englishmen
    A nominal court fee was imposed on civil cases.
    Criminal Jurisdiction ( once in a Month )
    Bombay divided into four section Bombay Mahim,
    Mazagaon and Sion.
    15
    For each section a person name Justice of peace
    was appointed worked as a Community Magistrate
    The justice of peace held a preliminary examination
    of witness against an accused.
    Appeals from the court lay to the Deputy governor
    and council of Bombay
    Court of Conscience
    For deciding the cases in summary manner this
    court was established.
    The jurisdiction made available to this court was to
    decide petty cases up to the values of Rs. 25

    16
    Central Court
    Deputy Governor and Council was empowered to
    decide major cases in additional to hearing
    appeals from the lower courts.

    17
    Court of Admiralty
    With the charter of 1683, a court of admiralty
    established in 1684.

    The company sent from England Dr. John, a person


    learned in the civil law to preside in the court as
    the Judge Advocate.

    Keigwin’s rebellion had put an end to the operative


    judicial system and no other court except the
    Admiralty Court in between 1684-85.

    18
    • Disputes between governor and Dr. John, led to
    establishment of new court on the same lines as
    the court of 1672.
    • Court of judicature established again and a
    Bombay council member acted as judge.
    • Dr. John was acting as an independent officer.
    • Governor could not tolerate the independency of
    Judiciary;
    • they regarded the judiciary as subservient to
    the executive.
    • In 1690, Bombay was attacked by Mughal Admiral
    Siddi put and to the judicial system.

    19
    1718-1726
    Central court
    Civil and criminal
    Chief justice
    9 judges
    5 British
    4 natives
    Hindus, Mohammedans, Portuguese and Parsis

    20
    By 1718, a new court of Judicature was established in
    Bombay
    This court was consisted with nine judges including
    chief Justice.
    All the civil and criminal cases placed under this
    court.
    The Indian judges did not enjoy the equal status with
    British judges.
    Indian judges
    The Indian judges are not mentioned, not by the
    name individually, but collectively as “ Black justice”
    21
    Calcutta
    • By 1690 the company secured the zamindari of three
    villages of Kalikata, Sutanati and Govindapur.
    • They established factory by 1691 and fortified in 1698.
    • In 1699, the status of the Calcutta was raised to that of
    a Presidency.
    • Governor and council were entrusted with all the
    necessary administrative and judicial powers.
    • The collector who was the company’s officer, appointed
    for the collection of tax in the presidency.
    • Collector was the responsible person for both civil and
    criminal cases in the three villages. He acted like, mughals
    Faujdar.

    22
    23
    • The company started that the three presidency
    towns of Calcutta, Madras and Bombay
    • Increasing population, trading activities,
    administrative responsibilities and legal issues
    between servants and company.
    • Courts under direct Royal authority
    • Mayor
    • 9 Aldermen
    • ( 7 natural born subjects of crown+ 2 subjects
    of any prince or state in amity)
    • Sheriff

    24
    Judicial system
    • The Mayor and the Aldermen were to constitute
    the Mayor’s Court
    • The quorum of the court was to be three
    • The court was to have authority to hear and try
    all civil suits arising with the town and its
    subordinate factories
    • The First appeal from the court lay within
    fourteen day to the Governor and Council.
    • Further appeal could be lodged within fourteen
    days with the King-in-Council

    25
    • Sheriff:
    • A sheriff have jurisdiction within the presidency
    town and for ten miles around, was to be chosen
    annually by the Governor and Council
    • Criminal jurisdiction
    • Governor and five council members
    • three justice of peace collectively were to form
    a court record.

    26
    • Legislative powers
    • The charter empowered the Governor and
    Council of each presidency town make bye-laws,
    rules and ordinance for the good government
    and regulation of corporation and the
    inhabitants of the settlement.

    27

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