The famous Patna case and Cossijurah Case

1. SARDAR PATEL SUBHARTI INSTITUTE OF LAW
TOPIC: PATNA CASE AND COSSIJURAH CASE
ANKITA SINGH
B.A.LL.B. 4th Year

2. CONTENTS
• Patna Case
• Cossijurah Case
• Conclusion
• Sources

3. PATNA CASE (1777- 79)
Facts of the case-
Shahbaz Beg Khan
His nephew (Native of Kabul) Married to
Bahadur Beg Nadirah Begum

4. • He shifted to India, served for Company and retired.
• He earned considerable property.
• Without making any will, He died in December, 1776.

5. • Now there was a dispute between his nephew and his widow over
property. So, Bahadur Beg reached Patna Provincial Council.

6. • Bahadur Beg claimed • Nadirah Begum claimed
the property as being the property on the basis
an adopted son. of three documents.
1. Dower- deed
2. Gift-deed
3. Acknowledgment

7. • Kazi and Mufti were sent for the investigation and seal the property.
There they assaulted the widow. So, she took shelter in Dargah.
• Report submitted in January, 1777.
• Documents provided by widow were proved forged and dower deed
was already paid.
• Finally, one fourth property provided to the widow and rest to the
nephew.

8. • Matter went in Supreme Court.
• Defendants were imprisoned.
• Judgement was delivered in February, 1779.
• Damages of three lakhs awarded to the widow in addition of property
• It was found that work of Patna Council was illegal and improper.

9. Issues and effects of Case-
• Whether the SC has Jurisdiction over law officers and Bahadur Beg.
• Whether the judicial officers could be held liable for acts done in
official capacity.
• It created panic among farmers of land revenue.
• Act of Settlement, 1781 was passed.

10. COSSIJURAH CASE
Facts of the Case-
Raja Sundernarayan Kashinath Babu
(Zamindar of Cossijurah, Midnapore ( Merchant of Calcutta)
district, Orrisa)

11. • Raja was under the heavy debt of Kashinath Babu.
• Having failed to recover, Kashinath Babu approached Supreme Court
through the Revenue Board of Calcutta.
• Supreme Court issued writ of capias against Raja but he absconded.

12. • A meeting of Governor- General and Council with Attorney General as
consultant was held a meeting regarding this matter.
• They reached on the conclusion that Zamindars shall not obey the
process of the Supreme Court unless they are company’s servant or
accepting it’s jurisdiction voluntarily.

13. • Supreme Court issued another writ against Raja to seize the land and
Zamindari effects.
• Sixty men with a Sherrif sent to execute the writ but they drove away
by the Zamindars.
• Zamindars claimed that they forcibly entered their place.

14. • Colonel Ahmity was directed to arrest Sheriff’s men.
• They were arrested and sent to prison but released after somedays.
• Kashinath Babu brought an action
against Governor- General and
Council.
• Being offended, SC sent North
Naylor in prison and he died there.
• Finally, after all this Kashinath Babu withdrew his suit.

15. Issues and effects of Case-
• Whether the Zamindars were subject to the jurisdiction of SC or not?
• Act of Settlement, 1781 was passed.

16. CONCLUSION
• Conflicts between Supreme Court and Supreme Council reached its
climax in Patna case and Cossijurah Case.
• To resolve the conflicts over jurisdiction, Parliament passed the Act
of Settlement, 1781.
• Defendants of Patna Case were released from jail by Act of
Settlement, 1781.

17. SOURCES
• Indian legal and Constitutional history by Dr. N.V. Paranjpe, 8th ed.,
Central law Agency.
• Internet

18. THANK YOU