1. The supreme court established
under the 1774 Charter , became an
institution which was disliked and
dreaded equally by the officers of
the government and especially
Indians. Discuss the major cases
which led to this situation.

2. ANSWER
The East India Company became the dominant
political power in the 18th Century and passed
the Regulating Act 1773.
Objectives-
• Reform in constitution of the company
• Reform in administration in India
• To provide remedies against company’s
oppression in India.

3. Features of the Act:
Governor was raised to power of governor
general.
Entire military and civil powers were vested in
governor general.
Government of presidencies of Madras and
Bombay were put under Governor-General at
Calcutta.
All judges were prohibited from accepting gifts.
Even judges can be tried in King’s Bench in
England.

4. The regulating act 1773 authorized the British
crown to establish a Supreme Court at Calcutta
by issuing a charter of 1774 . Thus establishing
the supreme court at Fort Willam, Calcutta.
Composition-
Chief Justice+ 3 judges- barristers of England
with 5 years experience. Appointed by crown
Sir Impey-Chief Justice of Supreme Court .

5. Jurisdiction of the Supreme Court
Civil –Territorial in Calcutta and Personal in
bengal,bihar and Orissa.
Equity-administer justice in a summer manner
Criminal-only to British servants
Ecclesiastical-grant will
Admiralty-all maritime cases
Writ-writ of certiorari,mandamus,

6. Merits of supreme court-
1. Derives its authority from crown
2. Civil and criminal jurisdiction
3. Rules now require approval from King in
Council
4. Court fees was regulated
5. Empower to appoint advocates
6. Writ power
7. Enabled judiciary to control executive.

7. Defects-
1.Relationship between governor general and
council and supreme court not defined.
Governor general and council rejected the
authority of court. Thus it became source of
annoyance.
2. Relationship between Mofussil Adalats and
Supreme court not defined. Whether they
were subordinate to the supreme court or
not?

8. 3. Jurisdiction beyond the Calcutta was not
defined. Court could issue the summons even
for people outside the calcutta. Even people
were detained in jail till decision.
4.Courts applied English Law in India.
5.Criminal Law applied in India was harsh.

9. RAJA NAND KUMAR CASE(1775)
 RAJA NAND KUMAR , influential man in Bengal brought charges of
corruption against Warren Hastings. He was found guilty and
directed to remit the amounts.
 Few days later, Mohan Prasad filed certain charges of forgery
against Nand Kumar . Nand Kumar was found guilty and was
sentenced to death.
 In trail defence witness were cross examined by judges , defence
collapsed. The court also rejected the application for grant of
leave to King in council.
 Two broad legal issues-
a. Was nand kumar under jurisdiction of Supreme court?
b. An a person be sentenced to death for forgery?

10. For first issue it was plead that nand kumar was not resident of
Calcutta in 1770 when the offence was committed.
For second, how British law can be extended to Calcutta.
HISTORIANS CALL THIS JUDICIAL MURDER.

11. THE PATNA CASE (1777-79)
 SHAHBAZ BEG, solider in company’s army had no son. So he
expressed his desire to adopt his nephew Bahadur Beg and
hand him his property. But before that he died. His widow
begum claimed the property as gift from his husband after
death. Bahadur filed case against Begum.
 Law officers sealed the property and insulted widow.
According to Muslim Law, three-fourth property was given to
widow and one fourth to bahadur.
 Widow approached the Supreme court, which ordered to hand
over all property to widow and compensation of Rs. 3 lakh.

12. Issues with Patna case-
 Case questioned relationship of Supreme court and Adalats.
 Court Procedure of arrest of Bahadur and law officers was
criticized.
 Holding of the supreme court that it had jurisdiction over
revenue farmers provoked revolt in Mofussil area.
 Court procedure of awarding Rs. 3 Lakh compensation was
crticized.
 Brought into light internal defects of judicial system ( adalats
and council)

13. Cossijurah Case (1779)
1.Cossinaut Baboo filed case of debt against a zamindar, the rajah
of cossijurah.the zamindar was indebted to Cossinaut, in the
affidavit Baboo stated that rajah was in service of company as
a revenue collector thus in the jurisdiction of supreme court.
2. Meanwhile the matter was referred to Governor and council at
calcutta where it was stated that matter was not in jurisdiction
of Supreme court. Council asked to ignore the process of
court.
3.court sent to arrest zamindar but council sent more force to
prevent.
4. Dead lock was created.

14. Cossijurah Case (1779)
Brought into defects of the Charter.
Charter did nor demarcate the jurisdiction of court and Governor
–General – in council.
Confusion as supreme court issuse the writ of capias against the
council, which council disobey.
Dignity of supreme court lowered.
Thus , the supreme court established under the 1774 Charter ,
became an institution which was disliked and dreaded equally
by the officers of the government and especially Indians.

15. Act of Settlement 1781
• Was passed to remove confusions in Charter.
 Governor general and council were excluded from jurisdiction
of the Supreme court.
 Revenue matters were taken out of Supreme court
jurisdiction.
 No person employed by company was subject to supreme
court
 In case of natives, personal law was applicable.
 Adalats were not liable to Supreme court.