2. Supreme court
■ Sir Ehjah Impey was the first chief justice .
■ Robert chambers , john Hyde , le Maistre were the first puisne judges of
the supreme court .
■ It was the first British court in India consisting of lawyer judges .
■ The supreme court ,due to its proceedings had bitterness with governor
general and council.
3. Composition
■ The supreme court consisted of a chief justice and three other judges.
■ The tenure of judges were for atleast five years.
■ The salary was fixed that is 8,000 euro (for chief justice) and 6,000 euro (for other
judges ) paid by treasurer.
■ 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.
4. Types Of Jurisdiction
■ There were five kinds of jurisdiction.
Civil jurisdiction
1. SC had the jurisdiction to decide all civil matters to all persons
within the presidency town .
2. Beyond the presidency limits and within the province o
had only personal jurisdiction .
3.The person who agreed in writing with any of his majesty
subject that if the cause of action exceeded rs. 500, the dispute
shall be decided by the supreme court .
5. Equity Jurisdiction
The supreme court was given the same equity jurisdiction as that of high
court of chancery in great Britain had that time. Basically it provides
equality with fair treatment.
Criminal jurisdiction
This jurisdiction was extended to all the province , Calcutta as
well as Bengal , Bihar , orissa .The access was only to British
people or company’s sevants.There was no jurisdiction for
council members and for judges of supreme court except for the cases of felony
or treason.
6. Ecclesiastical jurisdiction
In simple words , this court was as , supreme court is to us ,to England.
It used to function as a court of testamentary and probate jurisdiction.
it also appointed guardians for ‘infants’ and ‘lunatics’ .
Admiralty court
This court had the same admiralty jurisdiction in all cases civil and maritime
crimes committed . In trying such cases court used to take help of petty
jury.
7. OTHER POWERS
■ Supreme court was also known as court of record . It had the power to
punish for its contempt.
■ Its justices were appointed as justices of peace throughout the three provinces of
Bengal , Bihar , Orissa and were given the authority of judges as of king’s bench .
■ In the latter capacity, that is out of all the judges of the bench, the supreme court
could also issue various prerogative writs which the king’s bench could issue in
England .
■ At last , everyone including all the governors, commanders, magistrates, officers, and
ministers, civil and military, and all subjects as in the province of Bengal, Bihar,Orissa
were had to assist and obey the supreme court powers, jurisdiction and authority.
8. APPEALS
■ There were some land mark cases after which supreme court came into real consideration .
■ Some of the cases are listed below –
The Patna Case
Facts
■ Shahbaz came to india and joined army.
■ He called his nephew bahadur bagh to live with him.
■ Bahadur bagh filed a petition as Shahbaz died intestate, according to the provincial council
orders the kazi and, muftis to the deceased house to confiscate their property.
■ Nadirah gave her claim as the said property of three documents which are;-
dower – Deed (Meharnama)
Gift – Deed (Hibanama)
Acknowledgement (ikrarnama)
■ Considering all the damages including secret injuries and all other damages cost around rupees
six lakhs.
9. ISSUES
■ Bahadur begh who lived outside of Calcutta was to come under the jurisdiction of
supreme court or not.
■ The law officers who did the breach of duty should be litigated during their legal period or
not.
Judgement of the case
■ The court objected the way in which kazi and mufti had investigated to determine realities
.
■ Law officers were not only contempted for their deeds, however to something