[Year]

HIMANSHU [Type the company name]

INTRODUCTION OF ENGLISH LAW IN INDIA

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INTRODUCTION OF ENGLISH LAW IN INDIA

INTRODUCTION OF ENGLISH LAW IN INDIA

British Raj upon India is counted as an extensive period of 200 years, which can most certainly be looked at a significant period in both Indian history and world history. At its initial stage it was only introduced to the presidency towns and had only persuasive authority. In accordance with the historical aspect the introduction and development of English Law in India traced in two different phases, first its development of presidency towns and another is in system of Law in Mofussils.

As in relation with the introduction of English Law opinions have always differed. With the historic case of Raja Nand Kumar (1775), a view was expressed that English Law was first introduced in India by the Charter Act of 1726 and was subsequently extended further by the Charter Act of 1753 and the Regulating Act of 1773 and the Judicial Charter of 1774. This view was later found to be incorrect and it was held that Charter Act of 1726 was the first and last Charter that introduced English Law in India but with the presidencies English Law was introduced by the Charter Act of 1661 granted by Charles II. BACKGROUND OF INTRODUCTION OF ENGLISH LAW IN INDIA:English Law was introduced by Britishers in 1661 Charter Act on 3rd of April, when Charles II granted some additional powers to the company, i.e. East India Company, in which powers were mainly related to the sphere of Administration of Justice. Under this power, voting power was accorded to the member of the company who held shares of more than 500 pounds. Power of 1661 Charter affected the Future set up of Administration of J ustice in India of companys establishment. Before discussing more about this Charter, it is better to discuss about the inception of these charter, from where the Company established and the Britishers started their trade with India. In the end of 15th century some adventurous and enterprising persons from European nation sailed from their homelands to India in search of open in foreign lands. Vasco-Da-Gama (Portuguese national) was the pioneer in discovering a passage to India round the cape of good hopes, and then he was followed by some other European nationals. The first who took initiative in establishing trade relations with Indians during the closing period of 16th century were Dutch peoples. They established a powerful Dutch East India Company. During these establishments Mughals were ruling over the country and their powers were at zenith. But in the 18 th century due to disintegration in administration and mainly after the death of Aurangzeb in 1748, their powers were weekend.

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31st December 1600:-

The governor & company of merchants of London trading into East (East India Company) was incorporated in England on 31st December 1600 by the Charter of Queen Elizabeth. Main reason for forming this company in India was to put the British trade with Indians on proper & sound footing. Firstly East Indian Company was created for a time period of 15 years only but the provisions were laid down in the charter that1. Company may be wound up earlier on two years notice, if the trade was not proved profitable. Otherwise 2. Another 15 years renewal will be contemplate to the company. After the establishment of the company unauthorized trades were strictly prohibited on the pain of penalties and forfeiture of their goods and ships. The company formed his own constitution after its establishment under the provisions of the charter for regulating its affairs in establishments in India.

CONSTITUTION OF EAST INDIAN COMPANY:This company was constituted by the shareholders of the company who purchased shares of the company and then became the member of the company. The individual personalities who deemed likely to aid the company also got the membership on individual basis. Thus, the shareholders and the other members selected on individual basis together constituted a court called as General Court. General Court was vested with powers to elect annually a body known as Court of Directors. At that time the entire business of the company was managed by his body only. This Court of Directors contains of 1 Governor and 24 Directors. Though this body was elected for a year only but it can also be resolved earlier by the resolution of General Court. Therefore, General Court and the Court of Directors were the most two important bodies of the East Indian Company. This Charter of 1600 also provided some legislative powers to the company. Legislative Powers:In accordance to the powers, the General Court were empowered to make or issue orders for the good government of itself, its servants and for the better advancement, development and continuance of its trade & traffic in the factories. After this charter, another charter was passed by James I in 1623 in the favor of the company, in enforcing its laws and punishing a person. Charter contains that

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no punishment can e given to the person who disobeys laws, which was unduly harsh & contrary to the law, statutes & customs of England.

Under the various charter issued from time to time, the charter of 1600 vested the limited legislative powers in the company in the nature of managing and conducting meetings in England, the administrative arrangements in East, stopping illegal trade by the non-member of the company. These powers under 1600 charter deemed to be insufficient to stop private illegal trade by the nonmembers of the company. So Queen Elizabeth issued an another charter in the year 1601 which provided more powers to the company in order to stop illegal trades by the non-members of the company. The company was granted additional powers for punishing persons committing serious offences on board of a ship during voyage. On 31st May 1609, James I granted a fresh charter to the company which continued its privileges in perpetuity, subject to the proviso that they could be withdrawn after three years notice. As per the provisions after the 15 years of the establishment renewal was provided to the company and a charter of 1615 was passed by James I to different captains of the ships engaged in voyage to east delegates the power to the company to avoid inconvenience. After this in 1635, Charles I permitted Sir William Courten to established a new trading body for the purpose of trading with the East Indies under the name of Courtens Association. Another charter was passed in year 1657 which was granted to Oliver Cromwell which amalgamated the various joint stocks into one joint stock. The charter also ended the old rivalry between the Courtens Association and the old company by uniting them into one. Charter Act of 167changed the very character of Company.

After all these charters, the charter of 1661 on 3rh April, 1661 came into existence from where the company introduced the English Law in original manner by providing voting powers to the members of the company who held shares more than of 500 pounds. According to this charter the company is authorised to appoint Governors & other officers for proper administration. The companys power to govern its employees and to punish their disobedience and misdemeanor was enhanced. The company was authorised to empower the Governor & Council of each one of its factories or trading centres at Madras, Bombay, Calcutta to administer, with respect to persons employed under them, both criminal and civil justice according to English Law. After these charters the company changed its character from a purely trading-concern into a territorial power. This transition can be clearly seen in Charter 1668 when Britishers crown (Charles II) transferred the island of Bombay to East Indian Company for improving its territorial power. It was granted on a insignificant annual rent of 10 pounds only. The charter of 1668 authorised the company to make laws, orders, ordinances and constitutions for the good government of the island of Bombay. Same charter also empowered the company to established courts of judicatures similar to those established in England for proper administration of justice.

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Powers were improved time to time with new charters. In 1683, another charter was passed by Charles II, which empowered the company to raise military forces. Charter provided that a court of judicature should be established at such places as the company might consider suitable, consisting of one person leaned in civil laws and two merchants- all to be appointed by the company- and decide according to equity, good consciences, laws and customs of merchants by such dates as the crown from time to time directs. New company in 1693- General Society The continued progress of the old Company created jealousy in England. The new company was established in 1693 to break the monopoly of the old company. This new company received statutory recognition in 1698 under the name General Society. Then in 1698, the charter was passed by William III to improve the administration of the company. Charter created a Court of Directors and authority and controls over the affairs of the unite company was entrusted to the Court of Proprietors. The constitution of the company continued till the passing of the famous Regulating Act in 1773 which completely overhauled the constitution of the company. FACTORY ESTABLISHED IN 4 PRESIDENCIES: Till now factories were already established in 4 presidencies with different judicial systems. First, in early 17th century, i.e. 1612 the factory of East Indian Company was established in Surat with the permission of local Mughal Government for permanent establishment. The company consists of officers, residencies, employees, warehouses for storage of goods. These factories served as a base of growth and expansion of British power in India. In the year of 1615, a FIRMAN was issued by Mughals on the pleading of British emissary Sir Thomas Roe. According o the FIRMAN the Emperor permitted the Englishman a) b) c) d) To trade with Indians; To live according to their own religion, laws and customs; To settle disputes between themselves and The disputes between Englishman and Indians were to be decided by the native judges or authorities of Mughals only.

Now the entire control of the factories was put under President and Councils. Till 1687 Surat factory was the hub of activities, but when in 1687 the place of President & Councils was shifted to Bombay it became the subordinate to Bombay factory. Decisions regarding the factories in Council meetings were taken by the majority of votes. So under this administration, they maintained Dual System of Law.

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Judicial System:-

Judicial System of Surat was that the President and Council constituted a Court to decide all types of disputes between Britishers inter se in accordance of their own law. Native disputes were resolved by the local courts as Mughals did not want to run away from their responsibilities towards their Praja. The English people exploited the native judicial officers who were corrupt and could easily be tempted. Bribery was rampant and there was scant for honesty and impartiality on the basis of native judicial officers.

After this the Judicial System in Madras was came into existence after the incorporation of factory in Madras. Factory was established there in 1639 on S. Georges name. It was the second place where the factory was established after Surat. Francis Day was the responsible person for establishment of power in Madras. He acquires a piece of land from the Hindu Rajah in 1639. While granting the land Rajah empowered the company to administer an adjacent village which was named as Madraspatnam. Within the village, the English peoples, Europeans and others were lived together and the native villagers were also lived there. So the village divided into two towns- (a) White Town, (b) Black Town respectively. This factory was administered by Agents & Councils. Judicial System:The Judicial System of Madras can be divided into three stages mainlyA. 1639-1662 B. 1665-1688 C. 1688-1726

A. Under this stage no systematic Judicial System was present or established. Agents & Councils administered the law over person residing in white town of fort area. They were responsible for deciding both civil and criminal cases. As serious cases were referred to England for advice which leads to delay in the decisions because of lack of communication system. In Black Towns the native courts were known as Choultry Courts. Presiding officer of this court who decides both civil and criminal cases in petty manner of natives was known as Adigar. In 1652, the companys servants were appointed to sit on this court after dismissing a dishonest Adigar.

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Captain Martin & John Leigh were appointed as judges. Regard to serious matters, positions was not very clear on account of obscurity. No regular procedure was followed in such cases, the punishments & procedures differed from cases to cases. As in serious cases, reference was made to the Rajah who inflicted punishments in accordance with the principles of English Law.

B. Because of the insufficiency of Judicial System in 1t Stage, under the charter of 1661 by Charles II, Governor & council were appointed to manage the affairs of the Madras Factory and to inflict punishment also, but no machinery or system existed for dealing with serious offence. S. Master was appointed as Governor of Madras in 1678. Governor & Council set twice a week and tried all cases. Thus in this stage a new court came into existence called as High Court of Judicature. The Choultry Court of Madras were reorganised and was put under the control of English servants of the company, and then it acted as subordinate court. In order to put check on the activities like illegal trafficking & unauthorized trade by independent traders company obtained Charter Act of 1683 which empowered the company to established Court of Admiralty. Court of Admiralty;It was for 1st time in Legal history of Indian Legal System that learned persons in Law were appointed to preside over the Court. This court was for try all cases of the mercantile & maritime nature and all offences committed on high seas. Also vested with the Jurisdiction to deal with all the cases of Forfeiture of Ships, piracy, trespass, injuries and wrongs. Important provision of this Charter was that all cases were tried according to equity & good conscience and the laws & customs of the merchant.

C. This was the final stage in which the judicial system took the final shape which was gradually evolved at Madras was given by Charter Act 1688. The company created Corporation:- consisting of 1 Mayor, 12 Alderman, 60 or more Burgesses. Both Mayor and Alderman together constitute a court called as Mayor Court and all of them being laymen. Therefore, a man was attached to this court known as RECORDER. The companys Mayor and two senior Aldermen constitute a quorum of Court. Companys Mayor Court continued to function up to 1726 when the entire Judicial System was reorganised. Judicial System that existed in Madras from 1639-1726 was:1. The Choultry Court 2. The Mayors Court 3. The Admiralty Court

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4. The High Court of Madras consisting of Governor & Council

BOMBAY WAS GIVEN AS DOWRY TO BRITISH:In the starting Portuguese were first European nation to acquire the Island of Bombay in 1534 from Sultan Bahadurshah (King of Gujrat). The Portuguese king (Alfonsus VI) transferred the Island to the Britishers king Charles II as dowry in the marriage of his sister Princess Catherine with the English King. Finding uneconomic growth and to govern its territory, britishers transferred it to East Indian Company in 1668 for an insignificant annual rent of 10 pounds only. From here company started governing Bombay. Te political position of Bombay was quite different from that of Madras. A charter was passed in 1668 which authorised company to legislate and to exercise judicial authority in the island of Bombay. The President of Surat received the companys orders in September 1668to visit Island of Bombay and established an executive government under the Deputy Governor and Council. Governor of Surat factory was the EX OFFICIO Governor of Bombay also. Garald Aungier was the Governor of Surat factory. He has been described as True Founder of Bombay. Due to his efforts, first judicial system was established in 1670. Bombay was divided into two parts:1. Mazagaun & Girgaun 2. Mahim, Parel, Sion & Worli Court which was established there consists of 5 Judges in every division. Custom Officers of each division, who was Englishman, was to be the President of respective Courts. Three Judges were to form Quorum. Court were authorised to decide the cases and required to keep a register of all its proceedings and was to deliver authentic copies thereof quarterly to the deputy governor & council. They were appointed to administer Bombay subject to all over control of the Surat Factory. It also constituted a superior court to hear appeals from, and try all civil and criminal matters, lying beyond the scope of Divisional Courts, viz. civil cases over 200 Xeraphins and all the treasonable, felonies, capital and criminal cases. The criminal cases were to be tried with the help of jury of twelve Englishmen. As in the starting of period (1683-1690), setting up of Admiralty Court takes place. Then came the Judicial System of 1672 in which, Portuguese laws and customs, which were left untouched in 1670 when the first judicial system was created, were now formally abolished, by the Judicial System of 1672. New Judicial system consists of a Court with George Wilcox as a Judge. This court was called as Court of Judicature. Wilcox heard all the matters related to civil as well as criminal. All criminal matters were to be tried by the help of Jury. For criminal administration the Bombay is divided into 4 parts- Bombay, Mahim, Mazagaon & Sion (the old division of 1670 was abolished). For each part a person was appointed who worked as a community magistrate known as Justice of Peace.

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Court of Conscience:- this court was made for deciding case in summary manner. Only petty cases upto the value of 20 Xeraphins was to decide by this Court. Justice dispensed without giving any cost by the litigants.

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Central Court:- Deputy Governor & council was empowered to decide major cases in additional to hearing appeal form the Court of Conscience. With the new Charter Act of 1684 the Court of Admiralty came into existence exactly on the same lines as the court of Madras. Admiral Court was restricted to maritime and mercantile cases only. System went abrupt when Mughal Emperor attacked on Bombay. From 1690 to 1718, Judicial System remained suspended in Bombay with no court functioning. In 1718 new court of Judicature was established in Bombay. This court consists of 9 Judges (6 Britishers and 3 Indians) Jurisdiction of Court of Judicature:- Cases were to be decided without the help of Jury. This court was required to transact judicial work once in a week and Justice was done in a rough and ready manner and person could be convicted on suspicion or doubt. CALCUTTA;The factory was established there on 24th August 1690, and secured Zamidari System in three villages, Prince Azim-Us-Shah, Subedar of Bengal and grandson of the Emperor Aurangzeb, granted the Zamidari Right 1. Calcutta, 2. Sutanati, 3. Govindpur.

They established factory in 1690 and fortified in 1698. They were responsible for collecting revenue and maintaining Law and Order also. In 1699 the status of the Calcutta raised to that o presidency. The Company took full advantage of this authority and appointed Collector to control the administration of these three villages. He was the responsible for both civil and criminal cases in these villages and he acted like Mughals Faujdar. He decided both civil and criminal cases amongst Indians as well as Englishman. But serious civil and criminal cases were decided by the Governor & Council of Calcutta. In order to administer justice in criminal cases, the company decided to adopt the existing Mughal pattern. As such, a Faujdari Court, presided by an English Collector, was established to decide the criminal cases of the native of three villages- Sutanati, Govindpura and Calcutta. As per the records, the criminal were punished by Whipping, imposing Fines, imprisonment, banishment or work on roads. Capital punishment was not inflicted unless the sentence was confirmed by the Governor or President and Council of Calcutta.

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As in the cases of Civil matters, the Collector presided over a civil court or the court of Cutchery. Ordinarily, the civil cases were referred to arbitrators by the Collector. Collector decided the case in a summary way on the basis of the prevailing customs and usage of the country. Collectors were also responsible for the collection of land revenues from the native of three villages. Whipping was the most common punishment given by the Collector for the defaulters of revenue.

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The Charter Acts of 1668 and 1726 made it possible for the company to introduce for the first time English Laws side by side the personal laws of Hindu & Muslims and the subsequent Charter accelerated this process. Mayor of the City of Lyons V. East India Company, and other cases explain the above proposition. CHARTER ACT 1726:As political and commercial activities of the company were increasing day by day and the company wished to avoid litigation. However, there was no suitable machinery for the administering justice in three Presidency Towns which the Courts in England could recognize. So Britishers issued another Charter Act, i.e. Charter Act of 1726. Under the provisions of that charter, it provided establishment of Corporation in each of the Presidency Town, i.e. Calcutta, Bombay, Madras. Each consists of a Mayor and 9 Aldermen (decreased from 12) and no Burgesses were there in the Mayor Court 1726. Out of 9 Aldermen, 3 were Britishers and 6 were from different friendly nations. The aldermen were appointed either for life time or for the time period of his residence in the presidency town. Three of them, i.e. Mayor and 2 Senior Aldermen were required to be present for the quorum of the court. Mayors Court were declared to be Courts of Record and were authorised to try, hear and determine all civil action and pleas parties inter se. the court was also granted testamentary jurisdiction and power to issue letters of administration to the legal heir of the deceased person. It was authorised to exercise its jurisdiction over all the persons living in the presidency town and working in the Companys subordinate factories. This court was also known as ROYAL COURT Procedure:The Sheriffs, officers of the court were appointed by Governor-in-council every year. On the written complaints the court starts trails. It was also directed to the court that to submit day to day report every year to he Companys Law Advisory. Justice of Peace:This court was formed for the criminal cases. Under 1726 Charter, a Governor and 5 senior members of court has jurisdiction in criminal court and were known as Justice of Peace. They were empowered to punish and arrest person for criminal petty offences. Legislative Powers:The Charter empowered Governor-in-council in each of the presidency towns to frame rules and regulations according to the necessities of each of the presidency towns, yet he Charter required that

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such rules and regulations were to be confirmed by the Board of Directors of the company before implementation. As all the members of the Board of Directors were Englishmen, ignorant about the natives law and customs, hence they too were guided in their judgments by the principles of English Law.

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In 1726 Charter Uniform System of Judicial Administration was established. Under this Charter the abolishment of Admiralty was also held. Charter of 1726 initiated the system of appeal from court of India to Privy Councils in England. Privy Council:Privy council was the highest authority of British Judicial System. Judges were appointed for proceedings of criminals were unknown of laws, i.e. they were laymen to the concept. It was depended on themselves that which rule they will apply in different cases. Sometimes they deal with authority and sometime they deal with involvement of religious activities. Finally this Charter became the Landmark in the legal history of India due to its various vital provisions having far-reaching consequences. The civil and criminals courts established under the Charter derived their authority directly from the King and not from the Company. In this respect, these courts was superior to the courts established in 1687 Charter Act.

Difference between the Madras Charter of 1687 & the Charter of 1726 BASIS Scope of Application Creation MADRAS CHARTER OF 1687 Charter of 1687 was applied to Madras of Only Mayors Court established in this Charter was a Companys Court. This Charters Mayor Court was empowered to exercise its jurisdiction over all civil and criminal cases and an appeal was allowed to go to admiralty court. No specific rules were laid down in the old & Mayors Court at Madras. This court was governed more by Principles of Equity The lawyer known as a Recorder was attached with old Mayors Court in Madras MADRAS CHARTER OF 1726 This Charter applied to all Presidency Towns. Three Mayor Courts were established in Charter and also known as Royal Courts as they were created by Kings Charter of 1726 In this Charter the Mayors Court is entrusted with Civil jurisdiction only, and from their decision, first appeal was allowed to the Governor-in-council in all cases involving a sum of 1000 Pagodas or more. This Mayor Court was required to follow welldefined procedure based on English Law and practice. This Court was governed by English Law. No such officer was there appointed for the Three Mayors Courts.

Jurisdiction

Law and Procedure

Recorder

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in order to advice the Court. This Charter was specifically provided for Participation In old Mayors court some Indians were authorised to sit as Judges together with this purpose but it may be stated that of Indians English Aldermen. the representation of Indians under the Charter of 1726 was practically negligible. The Charter of 1687 is considered to This Charter entrusted judicial powers to Position superior than the Charter of 1726 as the the Governor-in-council who had all of Executive modern progressive ideas of separation executive powers.1 of Judiciary from the Executive were deeply rooted in it.

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Provisions of the Charter of 1753:Charter of 1753 did not make any far-reaching changes in the judicial system which had been created under the Charter of 1726, but only attempted to remove those difficulties which came on the surface after reviewing the working of the judicial structure which the earlier charter had created. The provisions were laid down that henceforth the Aldermen in the Corporations shall be appointed by the Governor-in-council. The election of Mayor was replaced by his selection out of the two names suggested by the Aldermen to the Governor-in-council. Under the new provisions, the Mayors Court could take action against the Mayor also and no one could sit in the Court to decide a matter in which he himself was interested. The court was also vested with the power to hear cases against the company. The Courts that were functioning under the Charter of 1753 in Presidency Towns were five in number:1. Court of Request, (had jurisdiction upto 5 Pagodas) 2. The Mayors Court, (had jurisdiction above 5 Pagodas) 3. The Court of President & Council to hear appeals from the Mayors Court, (appeals were taken from the Mayors Court) 4. Justice of Peace and the Court of Quarter sessions consisting of Governor and Council to decide criminal cases, and (Criminal cases were discussed in this court) 5. The Court existing in England to hear appeals from the decision of Mayors Court over 1000 Pagodas, namely; Privy Council.

As the Governor-in-council enjoyed the powers of appointing and dismissing the Mayors and Aldermen in the Mayors Court, the result, therefore, was that the government became the makers
1

B.M. Gandhi, V.D. Kulshresthas Landmarks in Indian Legal and Constitutional History, 9 Edn., Eastern Book Company

th

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and unmakers of the judges of Mayors Court and thus it got large measure of control over the Corporations. Consequently, the Mayors Courts, lost much of its former autonomy and independence and became subservient to the government.2 INTRODUCTION OF ADALAT SYSTEM IN CALCUTTA:-

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The Charter Act of 1726, introduced a uniform judicial system by the creation of Mayors Courts in each of the presidency towns, namely, Madras, Bombay, Calcutta. But with passage of time, the company brought under its control the territories surrounding the presidency towns. The necessity was felt to provide judicial system for such territories also. A beginning was made when company secured Diwani Rights after inflicting crushing defeat on the combined forces of the Mughal Emperor and Mir Kasim, deposed Nawab to Bengal, Siraj-ud-Daula, Nawab Wazir of Oudh at the battle of Buxar 1764. In terms of treaty of October 1765, the Emperor Shah Alam granted the Diwani of Bengal, Bihar and Orissa to the Company. This was undoubtedly another very important landmark in the Indian Legal History of India. Under this arrangement a Dual System of Government came into existence in Bengal. As Diwan the Company became the administration of civil justice and collection of land revenue, functions hitherto discharged by the Nawab of Bengal. Company did not have trained and honest person for this task, so it very wisely left this task to be performed by the persons who were doing this work during Nawabs times.

FIRST PLAN OF 1772 (WARREN HASTINGS):The three territories, manely, Bengal, Bihar and Orissa, were directly taken over by the Company under its control for the purpose of establishing a well organized judicial system. Warren Hesting divided the above areas into number of districts and the emphasis laid upon the district as unit of administration. Each of the district was designated as Collector of the area. He was made responsible for the collection of land revenue and for supervising the entire administration of the district. The chief features of the entire plan were the introduction of Adalat System in the entire area by establishing the following Courts:Mufussil Diwani Adalat:- In each of the district this court was constituted with Collector as the Judge. The Jurisdiction given to the Court was to decide civil cases such as disputes relating to Contracts, accounts, partnership, property, inheritance, marriage and caste, etc. Decisions upto Rs.500/- were made final but the provision also existed for filling an appeal in the higher court.

S.K. Puri, Indian Legal and Constitutional History, Allahabad Law Agency

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Mufussil Faujdari Adalat:- In each of the district, this court was constituted. Jurisdiction given to this Court was to decide all criminal cases. It was provided with the assistance of Muslim law officers, namely, Kazi, Mufti and Maulvi. As the muslim criminal law was made applicable for punishing the criminal so the Maulvi was to expound the law and Kazi and Mufti were to give Judgments accordingly.

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Court of Head Farmers of Parganas:- Petty cases of civil nature upto upto the value of Rs. 10/could be decided by this Court in a summary manner. Thus it was a facility which was made available to the litigants and saved them from the trouble of going to the district headquarters to get their matter decided. Sadar Diwani Adalat:- This Court consists of Governor and two members of his Council. The quorum of court was three. It heard appeals from the decisions given by the Mufussil Diwani Adalat in cases above the value of Rs. 500/-. The litigants were required to a fee of 5% on the petition of appeals. Sadar Nizamat Adalat:- This Court was presided over by Daroga appointed by the Nawab and was assisted by Chief Qazi, Chief Mufti and tree Maulvis. It enjoys the power to reverse the order passed by the Mufussil Nizamat Adalat. The Mufussil Nizamat Adalat had no power to impose Dath Sentencet without the approval of the Court. The death warrant was required to be signed by the Nawab of Bengal as he was considered the head of the Nizamat Adalat but this court functioned, as a matter to fact, under the Supervision of the Governor-in-Council. FIRST PLAN OF 1772 (WARREN HASTINGS):CIVIL Sadar Diwani Adalat (Governor) Mufussil Diwani Adalat (Collector) Court of the Head Farmers of Parganas (Jurisdiction upto Rs. 10/-) CRIMINAL Sadar Nizamat Adalat (Daroga under the surveillance of Nawab) Mufussil Faujdari Adalat (Kazi, Mufti & Maulvi)

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SECOND PLAN OF 1774 (WARREN HASTINGS):CIVIL Sadar Diwani Adalat (Governor) Provincial Council of Appeals (Consisting of 4 or 5 Englishmen) (Jurisdiction upto Rs. 1000/-) Mufussil Diwani Adalat (Ammil/Diwan) Mufussil Faujdari Adalat (Kazi, Mufti & Maulvi) CRIMINAL Sadar Nizamat Adalat (Daroga under the surveillance of Nawab)

To check the evils of the plan of 1772, the new plan was provided for dividing the province of Bengal, Bihar & Orissa into Six Divisions with head-quarters at Calcutta, Burdwan, Murshidabad, Dinajpur, Dacca and Patna consisting of several districts. In each of the above divisions, provincial council was established to look after the collection of revenues and as PROVINCIAL COUNCIL OF APPEAL heard appeals in all cases decided by the next lower Court, namely, Mufussil Diwani Adalat. This Council had the Jurisdiction as this court can decide all civil cases which arose at the headquarters of the division. Cases decided by this court were final upto the value of Rs. 1000/-. Above this jurisdiction the appeal lay to the next higher court, namely, Sadar Diwani Adalat. The Collector who was appointed to the Mufussil Diwani Adalat was replaced by the Indian Officer known as Ammil or Diwan who was made responsible for the Collection of Revenue in the District. Warren Hastings shifted the highest Criminal Court, namely, Sadar Nizamat Adalat which was located at Calcutta to Murshidabad.

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THIRD PLAN OF 1780 (SIR ELIJAH IMPEY):REVENUE

CIVIL CRIMINAL Sadar Diwan Adalat Sadar Nizamat Adalat (Governor-General-in-Council) Diwani Adalat (Superintendent) (Jurisdiction upto Rs. 1000/-) Zamidar /Public Officers Court (Jurisdiction upto Rs. 100/-)

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Provincial Council

Mufussil Faujdari Adalat

The key note for this plan was to the separation between Revenue and Judicial functions of the Courts. In each of the Six Divisional head-quarters a Provincial Court of Diwani Adalat was established to be presided over by covenanted servants of the Company. They were appointed for the life time by the Governor-in-Council and removable on the proof of misconduct and were designated as Superintendent of the Diwani Adalat. These Diwani Adalats were empowered to decide Civil cases, i.e. pertaining to inheritance, succession to Zamidars and Talukdars. Decisions given by these court were upto Rs. 1000/- and cases involving more than Rs. 1000/- were appealable to the Sadar Diwani Adalat at Calcutta. Sir Elijah Impey who was the Chief Justice of the Supreme Court of Judicature (established by 1773 Regulating Act) was also appointed as the Chief Justice of Sadar Diwani Adalatwhichc so far was presided over by the Governor-General-in-Council. The main defect of the scheme was paucity of the Courts. Only six Adalat were constituted to look after the entire Bengal, Bihar & Orissa. Further people had great difficulties in attending these courts which were located at a great distance.

FOURTH PLAN OF 1781 (SIR ELIJAH IMPEY):CRIMINAL Remembrancer of Criminal Courts Sadar Nizamat Adalat Mufussil Faujdari Adalat Mufussil Diwani Adalat (as Magistrate)

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Sir Elijah Impey experiencd a trained Lawyer, after his appointment in the Sadar Diwani Adalat on October 18, 1780 took active interest in the reorganization and improvement in the Adalat System. He was aware of the defective state of the Diwani Adalats and the Famous Patna Case, in which he participated as the Chief Justice of the Supreme Court o Judicature, further pointing out the growing power of the native law Officers to whose hand the questions of facts were left by the judges Diwani Adalats. Therefore, he prepared a series of regulations to improve the administration of justice in the Diwani Adalats in which some are:1. To regulate the procedure a regulation was passed on 3rd November 1780. It was clearly laid down in the regulation that only question of personal law will be referred to the native Law Officers i.e. Pandits & Maulvis, and the question of facts will be decided b the Mufussil Diwani Adalat. 2. In petty cases the jurisdiction of Zamidars was retained but they were required to submit the record of proceeding in each case to respective Mufussil Court. 3. Old regulations were compiled necessary alternations and modifications were made to meet the requirements of the Judiciary. After this other regulations were also there in the series.

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But the best part of this plan was the expansion of the Courts by Sir Elijah Impey to avoid inconvenience caused to the persons who were to cover long distance to get Justice by the Court. Sir Elijah Impey increased the number of Diwani Adalats from 6 o 18. By his uttering efforts he compiled the Code of Civil Procedure which was first of its kind in India for guidance of Courts and litigants. REGULATING ACT OF 1773:The main objective of e Act was to put Parliamentary control over the affairs of the company and its servants both in England as well as in India. Salient Features of the Act 1773:1. The important organs of the company, namely, Court of Proprietors and Court of Directors were mainly controlling the affairs of the company from England. Any shareholder having a share of more than 500 pounds was entitled to have a vote in the former body while one who have more than a share of 1000 pounds was eligible to be elected to the latter body. The Directors were elected annually. This was the provision of Charter of 1600 as amended for time to time. Now under 1773 Act, only shareholders having more than 1000 pounds of shares were given the right of voting and to the rest, the right of vote was denied. The directors were elected for 4 years instead of one year and one fourth were to retire annually and the new one to take their places.

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2. In the place of Governor & Council, at Calcutta, a new Governor under the GovernorGeneral and Council of 4 members was constituted and were entrusted with the entire civil and military powers. Warren Hastings was appointed the first Governor-General. 3. The Governor-General and Councils were given the power of ordering the management of Government of all territories, acquisition, and revenues in the kingdom of Bengal, Bihar & Orissa. 4. Salaries of the Companys servants both Civil & Military were nominal, which compelled them to enhance their incomes through illegal and immoral means. The means adopted by them were, taking bribes, accepting presents, and engaging in private trades. 5. Limited legislative powers were given to the Governor-General in Council. He could make laws, rules, regulations and issue ordinances for the good government of the Companys territories in India. The rules and regulation were to be conformed to the laws of England and were required to be reasonable. The rules and regulations so framed did not come into force until they were registered to the Supreme Court and published by it. 6. It was provided by the Act that the court of Kings Bench in England will be empowered to hear and punish Governor-General, members of the Council, Chief Justice and other Justices and officials of the company for any offence committed by them against British Subjects or Indians. 7. Act provided that in future Governor-General and member of Council will enjoy the status of Justice of Peace, in sc capacity they were given the powers similar to that of judges of Kings Bench in England regarding searching out and making necessary investigations of criminal and putting such person on trial, if deemed necessary.

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Reason behind 1773 Regulating Act: Territorial Expansion. Corruption amongst the servants of the Company. Lack of proper Judicial Administration. Lack of proper Central Authority. Deteriorating financial condition of the Company. Companys defeat against Nawab Hydar Ali in 1769. Terrible famine in Bengal. Company applied for a loan of more than one million pounds in 1772 British Parliament appointed two committees: Secrete Committee, Select Committee.

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Based on recommendation of these committees, two acts were passed in 1773:-

A loan of 1,400,000 pounds was granted to the company from Bank of England at 4% interest rate. Regulating Act of 1773. Objectives of the Bill: Reformation of the Constitution of the Company. Reformation of Companys Government in India. Providing remedies against illegalities of the Companys Servant

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ESTABLISHMENT OF SUPREME COURT OF JUDICATURE AT CALCUTTA:Section 13 of 1773 Regulating Act empowered the British Crown to establish Supreme Court of Judicature. The British Crown issued a Charter of 1774 establishing Supreme Court at Calcutta which suppress the provisions of Charter Act of 1753 and resulted in abolition of Ma yors Court of Calcutta. Supreme Court of Judicature was to consist of one Chief Justice and three puisne judges to be appointed by the Crown. First Chief Justice of that Supreme Court of Judicature was Sir Elijah Impey, who was directly appointed by the King. Qualifications laid down for appointment were that only barristers of not less than five years standings to be appointed as Judges by His Majesty. For the functions of the Supreme Court, it was considered to be a Court of Records. It was conferred extensive jurisdiction over civil, criminal, admiralty, ecclesiastical, equity, writs cases. Thus, it was also a Court of Equity and it was given powers to administer justice according to the principles of equity and good conscience. It can regulate its own procedures and can make rules for this purpose. The Supreme Court was to nominate three persons annually to the GovernorGeneral and Council who would select one of them as a Sheriff. The functions of the Sheriff was to execute the orders of the Supreme Court and detain in prison the persons committed by the court. Supreme Court was also authorised to regulate court-fee with the approval of Supreme Council. JURISDICTION: Civil Jurisdiction:- The Court was conferred original jurisdiction in civil cases which extended to His Majesty subjects & British subjects residing in provincial of Bengal, Bihar & Orissa or companys servants or persons employed directly or indirectly by the company or His Majestys subject who have voluntarily agreed in writing to refer their cases in the Supreme Court in case of exceeding Rs. 500 can be heard. Criminal Jurisdiction:- Court was not given the Jurisdiction over all the native Indians residing in Calcutta within the territory of Bengal, Bihar & Orissa. Jurisdiction was vested only upto British subjects, their servants and the persons employed by the Company. According to the Regulating Act Supreme Court would be incompetent to exercise its

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jurisdiction over Governor-General and any Council members in any criminal matters, nor can arrest or imprison Governor-Genera & any of the Council members. Supreme Court was required to follow the British Law for Criminal Procedure. Ecclesiastical Jurisdiction:- According to the Ecclesiastical Law prevailing in the Diocese of London, this court as jurisdiction over British subjects only residing in the territories of Bengal, Bihar & Orissa. The Court has power to issue the letter of Administration to the legal heir of the deceased person. It could also appoint the Guardian for infants and insane for their persons and properties, SC can also decide matrimonial cases too. Admiralty Jurisdiction:- Court vested with all the jurisdiction which was available to the Admiralty Court in England in all matters, civil and maritime committed on Ships, ferries, vessels and offences committed on High Seas of Bengal, Bihar & Orissa. It has jurisdiction over person who are directly or indirectly in service of the Crown. Equity Jurisdiction:- It was given all the powers which were given to the High Court of Chancery in England. Any person who felt aggrieved could approach the chancellor directly, who did justice according to his conscience, and was not bound by any technicalities. He was known as the Keeper for Kings Conscience. Writ Jurisdiction:- This was the most important jurisdiction made available to the Court. By the issue o prerogative Writs in nature of Mandamus, Certiorari, Procedendo or Error it could effectively control all the Courts subordinate to it, and by other authorities created by Company. For their proper functioning, they were authorised to make rules for their procedure, which has to be approved by King-in-Council.

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CASE STUDY:RAJA NAND KUMAR CASE: A Brahmin of high rank was for sometime Governor of Hugli under Nawab Siraj-ud-Daula. Residing in Bengal and was a big Zamidar. In March 1775 he laid a letter before the Ministers of the Council of the Governor-General. He charged Warren Hastings (who occupied the Chair of the President) with having received, Amongst other Bribes one, of Rs. 3,45,105/-, from the Widow Munni Begam of the Old Nawab Mi Jaffar. Accusation was welcomed by the members of the Council who were not pulling on well with Warren Hastings. Nand Kumar sent another letter to the members of the Council in which he offered to produce Vouchers in support of his charges of Bribery against Warren Hastings. Council moved the resolution to summon Nand Kumar before them, which was opposed by Hastings, but instead o opposing the resolution was passed by the majority votes.

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Warren Hastings dissolved the meeting and left his seat, which was occupied by another member of Council. After the meeting the Council with majority decided to direct Hastings to refund the money received by him in the Companys treasury. While these charges were still pending, Nand Kumar was suddenly arrested, at the instance of a Calcutta merchant, Mohan Prasad on a charge of Frogery. The charge made out by Mohan Prasad on Nand Kumar was that on 15th January 1770, he forged a mortgage deed in the name of one Bulaki Das on the basis of which two real executors of the will of Bulaki Das were defrauded. The trial began on 7th June 1775 and continued for a period of eight days without any adjournment. On the basis of the evidences produced, the verdict found guilty and was condemned to death under a statute passed by the British Parliament in 1728.

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CRITICISM APPRAISAL OF THE TRIAL: Offence for which Nand Kumar was convicted has been committed by him some five years ago, much before the establishment of Supreme Court. Statute under which he was given the death penalty was passed in England in 1728. Same law had never been known in Calcutta as it had never been promulgated there. Under the provisions of Hindu Law and Mohammedin Law the crime of forgery was never been regarded as a Capital Punishment. After the conviction f Nand Kumar, an application for granting leave to appeal to Privy Council was moved by his Counsel but it was rejected. The Charter of 1774 has vested in the Court a power to reprieve and suspend the execution of a capital punishment and recommend the case for mercy t His Majesty. But court didnt exercised this power in the case of Nand Kumar. Sir Elijah Impey, Chief Justice of Supreme Court, was very good friend of Warren Hastings in those times. Macaulay, Mill and other historians accused Impey of having biased decision in favor of his friend. This case was criticized on the ground of jurisdiction, that he being a resident of Bengal was not under the jurisdiction of the Supreme Court but comes under the Companys Faujdari Adalat.

CASE OF KAMAL-UD-IN: Kamal-ud-din a farmer of Hidglee was prosecuted without bail by the Calcutta Revenue Council on the ground of arrears of revenue due from him. This claim he disputed being an ostensible holder on behalf of Kantu Babu. It was customary to release a person on bail in such cases but he was refuse to Bail. He obtained a writ o Habeas Corpus from the Supreme Court to set him free. Supreme Court held that a person should be held to bail till the enquiry as to his obligations to pay was completed. Judges further stated that Kamal-Ud-Din should not be imprisoned until his under-renter had been called upon to pay the arrears and had proved to be insolvent. Government regarded this order of the Court as an encroachment of the Diwani

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Rights of the Company. The Diwani Right, the council contended were vested in the Governor-General and the Council solely and exclusively and the Court proceedings in the release of KamalUd-Din exceeded its jurisdiction and were against law. Then the Supreme Council decided to order the Provincial Council to reimprison Kamal-Ud-Din who was set free by the orders of Supreme Court in the matters of revenues. SIR IMPEYS LETTER TO COURT OF DIRECTORS REGARDIND DECISSION:o He justified the Supreme Courts action on two grounds:1. In such cases, it has been the usual practice for the Supreme Council to take bail and so the Court made the direction to take bail and, 2. It has been established practice to demand rent from the under-renter before demanding from the farmer and the Courts order was in the conf ormity with this practice in the present case.

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PATNA CASE (1777-79): Shahbaz Beg Khan native of Kabul came to India and settled down in Patna. He married Nadirah Begum and acquired a large amount of money while in service of the Company. Then he invited his nephew from Kabul to reside with him with the intention to adopt him. Before he could do so he died in December 1776 leaving behind considerable property. At the time of his death Bahadur Beg (his nephew) was living with him. After the death his widow and his nephew came into the open conflict and litigation began between them, each claiming the whole property of the deceased. Nadirah Begum claimed the property on the basis of a dower deed and gift deed. Bahadur Beg stated that as an adopted son he was living with his uncle, therefore, being his legal heir received the Khelaut (present) from the Governor-General. Bahadur Beg presented his application before Provincial Council at Patna, praying that Mohammedan Law Officers of the Council may be directed to ascertain the petitioners right over the property of the deceased. The law officers after hearing the full case reported the Council on 20th January 1777 that the gift deeds were forged documents and no gift deeds was made by the deceased. They also reported that Bahadur Beg could not be adopted under Muslim Law. Therefore, they recommended that the property be divided into four parts in which 3 parts were to be given to the Bahadur Beg on the basis of consanguinity and also heir of the deceased and the 4th part be given to the widow. Widow was dissatisfy by the decision of the court and filled an appeal in next higher court, i.e. Sadar Dwani Adalat. Due to their busy schedule they could not consider the matter for a long time. Then after this she filled a suit in the Supreme Court against Bahadur Beg, Kazi, Mufti and Maulvi for assault, battery, unlawful imprisonment and depriving her from the possession of her property. She claimed a damage of 6,00,000/- Rs. In the Court.

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JUDGMENT OF SUPREME COURT:o The Supreme Court held that the documents presented by the widow were not forgeries but were genuine and that Kazi, Mufti &Maulvi does not acted in good faith. o The law officers were held guilty and were imprisoned on the charges of assault and False imprisonment. o The Court awarded a damage of Rs. 3,00,000/- to the widow, but unfortunately old Kazi died on his way to prison. Rest of the person were remained in prison till 1781.

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CRITICS OF PATNA CASE:A. On what basis or under which law Bahadur Beg and the Law Officers were subject to the jurisdiction of the Supreme Court ? Supreme Court justified its jurisdiction on Bahadur Beg as a farmer and paying land revenue to the Company. And on the same logic the Court justified its jurisdiction on the Law Officers as they were working in the Companys Court. B. Issue of working method and procedure ? ACT IOF SETTLEMENT 1781:-3 This Act was to remedy the defects of Regulating Act of 1773 as the Government was facing the difficulties in its task of collecting revenues. The preamble of the Act stated that, Whereas it is expedient the lawful Government of Bengal, Bihar & Orissa should be supported. Therefore, Act made provisions which were more favorable to the Governor-General and the Council and many limitations were imposed on the jurisdiction of Supreme Court by providing that Governor-General and the Council shall not jointly and severally be subject to the jurisdiction of the Supreme Court for any act done by them in their official capacity. Most important provision from the point of view of the Hindus and Muslims was Section 17, which stated that, all matters arising out of inheritance and succession to land and goods and matters of contacts be determined according to personal laws of the respective parties. Further provided, where only one of the parties shall be Mohammedan or Hindu the Supreme Court shall applies the Laws and usage of the defendant. Further restrictions were put by the Act on the Jurisdiction of the Supreme Court to entertain any matter concerning revenues or concerning any acts done in the collection of revenue thereby giving full protection to the government in revenue matters. The Act gave recognition to the Comp anys Court namely, Sadar Diwani & Faujdari Adalats and provided the Sadar Diwani Adalat shall be appellate court to hear appeals from the decisions of the Mufussil courts in civil matters. its judgments were to be final upto Rs. 5000/- but if the subject matter was, of Rs. 5000/- or more a further appeal was provided to the King-in-Council.
3

S.K. Puri, Indian Legal and Constitutional History, Allahabad Law Agency

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Complete immunity was provided to the persons holding judicial offices in any of the Companys Courts from any wrong or injury done by them in their judicial capacity. The importance of this provision can be judged in the light of the decisions given by the Supreme Court in Patna case. This Act provided for the release of all the persons who were arrested in Patna Case. THE PITTS INDIA ACT 1784:-

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In order to strengthen the power of the controlling machinery of the companys government in England, the Act introduce vital changes by setting up a Board of Control and recognizing the Court of Directors. Some important provisions of Pitts Act 1784 were as follows:I. Board of Control:- A board of six Commissioners was set-up in England, which was called Board of Control. It consists of a Secretary of State, the Chancellor of Exchequer and four other members from the Privy Council to be appointed by the Crown. The Secretary of State was to act as Chairman of the Board. Authority of Board:- The Board was authorised to superintend and control al revenue and civil activities and the military forces held by the British in the East Indies. Directors of the Company were required to supply all the copies o communications received from India and of all resolutions, orders and minutes of their proceedings and their dispatches to Indian authority to the Board. Court of Proprietors sacked of his power:- The Court of Proprietors was completely deprived of its power to counter the order and resolution of the director. British Possession:- All the Companys possession in India were, for the first time, stated as the British Possession. Companys Central Government:- Act provided that Central Government of India will consist of three other members beside the Governor-General. From those one was to be Commander-in-Chief of the British forces in India. For the appointment of GovernorGeneral, directors were required to secure prior approval of Crown. Directors have full power regarding appointment of Governor & Council members. Resignations of high officials were required to be in writing. Governor-General & Council were not authorised to declare war o another power without the prior permission and authority of Court of Directors or at least of the Committee of Secrecy. In sudden emergencies presidencies were allowed to enter into such treaties which were subject to the ratification of the Governor-General and Council. Power and Privileges of Board of Directors:- Court of Directors was allowed to retain its full power in appointment, reduction and retrenchment of all the civil and military servants of the company.

II.

III. IV. V.

VI.

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RECORDERS COURTS IN PRESIDENCY TOWNS- MADRAS & BOMBAY:-4

Mayors Court which were re-established by the Charter Act of 1753 at Madras & Bombay, were abolished by an Act of British Parliament in 1797and the same Act authorised the Crown to issue a Charter to established the Recorders Courts in their places. This court was consists of a Mayor, 3 Aldermen and a Recorder. The Recorder, was the president of the Court, was appointed by His Majesty from amongst the lawyers having at least five years standing at the Bar.

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Jurisdiction:The Recorders Court exercised jurisdiction in Civil, Criminal, Ecclesiastical, and Admiralty cases over the British subjects residing within the British territories, subject to the Madras & Bombay Governments respectively, and also over those residing in the territories of native princes who were in the friendly alliance with the Company. They were empowered to frame rules of practice and were authorised to act as a Court of Oyer and Terminer and Gaol-Delivery. The jurisdiction of Recorders Court was similar to the Supreme Court of Calcutta subject to the restriction imposed by the Act of 1781. The persona Laws of Hindu & Mohammedans were safeguarded and the Governor and Council and Officers working under their orders were declared immune from the jurisdiction of the Recorders Court. from their decision direct appeal were allowed to the King-in-Council. It enjoyed a better reputation than Mayors Court and was more effective specially due to the presence of professional legal experts on the Bench. DIFFERENCE B/W RECORDERS COURT & MAYORS COURT:-5 RECORDERS COURT This Court was to be headed by a professionally trained person. This Courts were more effective in administering Justice as they had the service of legally qualified person. This Court was given the jurisdiction to decide both civil and criminal cases It can decide cases of testamentary, ecclesiastic and Admiralty types also Court is vested with the power to decide cases of the native Indian residing in the territorial boundaries of each of the presidency towns including Indians residing in areas of princely
4

MAYORS COURT There was no such provision in 1726 Charter in which the Mayos Court were established. This Court did not enjoy this privilege.

Whereas, this court has jurisdiction to decide only civil cases that too of restricted category of persons. Such provision does not exist in the jurisdiction made available to this Court. Mayors Court was vested with limited Jurisdiction over the Indian natives and applied the principle of English Law while deciding the disputes amongst them.
th

B.M. Gandhi, V.D. Kulshresthas Landmarks in Indian Legal and Constitutional History, 9 Edn., Eastern Book Company 5 S.K. Puri, Indian Legal and Constitutional History, Allahabad Law Agency

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state having friendly relations with the Government of Madras & Bombay according to their personal law. They vested with the power to take cognizance and to decide any matter against Governor-inCouncil. Decision of Recorders Court were applicable to the King-in-Council directly where the subject matter of the dispute, exceeded 1000 pagodas.

Mayors Court did not enjoy such a vast power and they could try civil cases when the Indians happens to be a parties The decision of Mayors Court were subject to 2 appeals, namely, 1st to the Governor-Generalin-Council and 2nd to the King-in-Council subject to some restrictions.

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In 1800, the British Parliament passed an Act authorizing the Crown to abolish the Recorders Court at Madras and its place to establish a Supreme Court which came into existence on December 26, 1801. Similarly Supreme Court replaced the Recorders Court in Bombay in 1824 and hence in each of the presidency towns a Supreme Court came into existence. The Judicial System was again reorganised in the year 1861 when High Courts were established at Madras, Bombay and Calcutta under the provision of Indian High Courts Act, 1861.

JUDICIAL PLAN OF CORNWALLIS(1787):REVENUE Governor-General-in-Council CIVIL King-in-Council (Jurisdiction in matter exceeding in value of 5000/- Pounds) Sadar Diwani Adalat (Governor-General-and-Council) (Jurisdiction in matter exceeding in value of Rs. 1000/-) Diwani Adalat (Collector) (assisted by Registrar, who had Jurisdiction upto Rs. 200/-) CRIMINAL

Board of Revenue

Mufussil Nizamat Adalat

Mal Adalat (Collector)

Magistrates Court (Collector; designated as Magistrate)

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JUDICIAL PLAN OF 1790:CRIMINAL SADAR FAUJDARI ADALAT (Seat shifted to Calcutta from Murshidabad) (constituted by Governor-General-in-Council as Judges) (assisted by Chief Kazi and two Muftis)

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COURT OF CIRCUIT (Assisted by Kazi, Muftis) (established in four divisions:- Patna, Calcutta, Murshidabad and Dacca) (Court had Jurisdiction over natives and Europeans, not being British Europeans subjects) COURT OF DISTRICT MAGISTRATE (Collector) (he could himself impose punishments or imprisonment not exceeding 15 days) (In serious offences like murder, robbery, etc. he cant grant Bail, in other petty offences he can) JUDICIAL PALN OF 1793:CIVIL Sadar Diwani Adalat (Constituted by Governor-in Council) (Appeals were taken in matter exceeding Rs. 1000/-) Provincial Court of Appeal (Consisted of three British Servants of Company) (Created in four divisions:- Patna, Calcutta, Murshidabad and Dacca) Mufussil Diwani Adalat (Collector replaced by servant of Company) Registrars Court (created for the help of Mufussil Adalat) (Jurisdiction upto Rs. 200/-) Munsifs Court (Indian Judge as Officer) (Jurisdiction to decide cases upto Rs. 50/-) CRINMINAL Sadar Faujdari Adalat

Provincial Court of Appeal

Diwani Adalat

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