The document provides an overview of the early legal and constitutional history of India from 1600 to 1950. It discusses the establishment of the East India Company and its administration of justice through various courts like the Mayor's Courts. It then covers the judicial reforms introduced during the British rule, including the establishment of High Courts and development of legal codes. The framing of the Indian constitution in 1950 marked the end of this historical period of legal and constitutional development in India under British colonial rule.
UNIT 1 Administration of Justice in the Presidency Towns at Madras, Bombay, C...SanskritiRazdan
The history of the legal system in British India opens with the establishment of the East India Company. The East India Company was incorporated in England by the Crown’s Charter of 1600. The Company was given executive trading rights in Asia (including India), Africa and America.
What is a Charter ? Charter is a record of PublicAct, delegating rights &privileges to recipients (in form of public declaration& not addressed to recipient, but notified to public).
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
1. INDIAN LEGAL AND
CONSTITUTIONAL HISTORY
Nimesh Das Guru
Assistant Professor (Law)
Lloyd Law College.edu.in
ndguru@lloydlawcollege.edu.in
2. SYLLABUS
This course is intended to introduce students to the Legal and
Constitutional History of India (1600-1950). Emphasis will be laid on
the following:
I. Legal History:
The Early Charters and the Administration of Justice by the East
India Company, the Mayor's Courts; Judicial Reforms of Warren
Hastings and the Advent of Adalat System; the Regulating Act, Pits
India Act, and the Act of Settlement; Judicial Reforms of Cornwallis
and Lord William Bentick; the High Court’s; Privy Council; the
Supreme Court of India; the Law Commissions and Codification,
Development of Criminal Law, Law of Contract and Law of Evidence
in India; Personal Laws of Hindu and Mohammedans
II. Constitutional History:
Position of Native States and the development of the Doctrine of
Paramountcy, Development of Legislative Institutions, Indian
Council Act 1861, Government of India Act 1909, Government of
India Act 1919, Government of India Act 1935, Independence Act,
1947, The story of Framing of Indian Constitution.
3. INTRODUCTION
The aim of this course is to introduce students to
the history of the development of legal and
constitutional system of India. Modern Indian
legal system and its institutions were established
by British colonial government. The study of the
history of establishment and working of these
institutions would enable learners to understand
the practices of these institutions, their
shortcomings, and challenges that they threw to
the framers of the modern constitution of India.
6. Beginning at Surat
Charter of 1600, 31st December Queen Elizabeth
“The Governor and Company of Merchants of
London Trading into East Indies”
• Honourable East India Company
• Also John Company
Exclusive trading rights into and from Countries
lying beyond the Cape of Good Hope eastwards to
strait of Magellan
10. Governing Structures of East India Company
“Court of Directors”
Consisting of a Governor and 24 directors for managing
Company’s affairs
Company Headquarters in Leadenhall Street, London
13. Early Legal Instruments
Charter of 1600
King’s Commission 14th December 1615 for for
specific voyage
• “King’s [or currently Queen’s] Commission” means you are a
commissioned officer in one of the UK’s military forces
Charter of 1661
• Power to Governors and Council of “each factory” to
administer justice in Company’s settlement according to
English Laws
14. THREE PRESIDENCIES
Madras (now Chennai) Bombay (now Mumbai)
and Calcutta (now Kolkata)
Madraspattanam, a fishing village from
Vijaynagar Emperor Peda Venkata Raya in 1639-
Fort St. George, India
Calcutta ,1690 acquired zamindari three villages,
Kalikata, Gobindapur, and Sutanuti from
Moughal Subadar
And what about Bombay ???
17. BOMBAY
Portuguese acquired under Treaty of Bassein
(Vasai) entered between Sultan Bahadur of
Gujrat and Kingdom of Portugal)
Came under British Control when in
1661 Charles II of England married Catherine of
Braganza and as part of her dowry Charles
received the ports of Tangier and Seven Islands
of Bombay
19. GERALD AUNGIER, FOUNDER OF MODERN
‘BOMBAY’
Within ten years population rose from 10,000 to
80,000 within 8 years
Established first police force with local militia of
Bhandari youth
Establishment of Admiralty Court to try
‘Interlopers’, judge to be someone trained in Civil
Laws
20. EARLY ADMINISTRATION IN MADRAS
First Period 1639-1665
• 1639- It was acquired with full power of governance
• Madras was Agency and not Presidency
• No regular Proceeding
• Choultry Court for Natives
Second Period 1665-1686
• Mrs. Dawes Case of killing a slave girl
• Power of Governor and Council was extended to Agent
Third Period 1686-1725
• Establishment of Admiralty Court to be presided by a person
trained in Civil Law- Why ??
• The First Court to be run by a person trained in Law
• Sir John Bigs arrives a Judge advocate
21. ESTABLISHMENT OF CORPORATION AT
MADRAS
1686- First Corporation was established
•A mayor (to be elected) and 12 alderman and 60-120
Burgesses
•Members included Indians
•Among the first 60 burgesses 30 were Indians representing
different castes
Establishment of Mayor’s Court
•As was the tradition a Court known as Mayor’s Court also
came in existence
•After Sir Bigs Company didn’t send any other lawyer so
‘layman’ presided the Court
•Appeal to lie before Governor and Council
•Punishments were still harsher in comparison to local
sensitivity like Theft and Forgery was a capital offence
22. EARLY ADMINISTRATIVE SET UP AT
BOMBAY (1686-1726)
First Period 1668-1683
•Controlled from Surat
•Court of Governor General and Council
•Charter of Bombay Transfer has given all administrative power to Governor
General and Council Transfer
Second Period 1683-1690
•Charter 1683 – Admiralty Court established with Dr. St. John coming as a Judge
•First Trained lawyer to arrive (learned in civil laws)
•Decide cases according to the rules of equity and good conscience and laws and
customs of merchants
•Conflict with governor gives it a bad start
Dark Period 1690 –1718 ??
Third Period 1718-1726
•A new Court with Chief Justice and nine other judges
•Four judges were Indian representing four principal communities of Bombay,
Hindus, Muslims, Portuguese, and Parsis
24. MAYOR’S COURT
Established under Charter of 1726
• Why?? Lack of proper testamentary courts , Company lost £ 300 in one
such suite
• Otherwise need for a proper Royal Court to maintain discipline and
orders among English merchants
Important features
• A uniform structure for a Corporation for each Presidency Town
• A Mayor and 9 Alderman (two could be subject of local prince, rest has to
naturally born subject of Crown– Note the deviation from earlier
(Company) Madras Corporation where only members required to be
Company’s Covenanted servant
• A Mayor’s court in each Corporation consisting of Mayor and Alderman
(Quorum -3)
• Still No need to be a lawyer to be judge
• Appointment of Sheriff and Justices of Peace
• Final appeal to go to Privy Council
25. WORKING OF CHARTER OF 1726 CHARTER
It was meant for governing Englishmen
•Discord between Council and Mayor’s Court on power over natives
•Conflict of interest on superiority
Applied English laws, common laws as well as statutory laws
•Administered English laws and totally ignored the local laws or laws of natives
•Conflict because of fundamental difference between English sensibility vis-à-
vis Indian sensibility
Resentment among Indians when applied to local population
•oath controversy
•Conflict because of fundamental difference between English sensibility vis-à-
vis Indian sensibility
Amendment in 1753
•Provision for election for Mayor was scrapped
•Now Alderman were to be selected by Council and among them one was to be
selected as Mayor
•Establishment of Court of Request for petty matter
28. EARLY ADMINISTRATION OF CALCUTTA
Grants of Zemindari of three villages gave
administrative power with respect to those
villages
Not much is on record on working of Corporation
of Calcutta established under 1725 Charter
Battle of Plassey (1757) and Battle of Buxar
(1764 ) changed the course of History
Acquisition of Deewani Rights
Establishment of Local offices for collection of
revenues
Subsequent Chaos
Hastings Adalat System
29.
30. REGULATING ACT 1773
Concerns on growing corruptions in India and its impact on
the politics and society of England
Arrival of Clive from India to Home, the richest ‘self made’
man of Europe, ‘Rotten Borough’
‘Bailout’ of East India Company by British Parliament
Beginning of the Parliamentary Control over affairs
of the Company: ‘Board of Control’ in England to direct
and guide Board of Directors of Company
Governor General and 4 member Council in Bengal
(Madras and Bombay became subordinate) – Supreme
Council
Authorized Supreme Council to make Regulations for the
governance of the British settlement in Presidencies and
other fort areas
Institution of Supreme Court at Calcutta, All regulations
made by Supreme Council was to be registered with
Supreme Court
31. BEGINNING OF THE ADALAT SYSTEM FOR
MUFASSIL AREA
Mufassil -- Areas beyond Presidency Town
Company becomes Diwan of Moughal Emperor
Significance of Diwani
Diwani– Revenue head of Moughal Empire
Firman that granted diwani rights didn’t clarify how
and what revenue would be collected
Birth of Dual System of Governance Diwani
(Revenue and Civil Justice) and Crimnial Justice
-1772
32. WARREN HASTINGS PLAN OF 1772
Establishment of the office of the Collector
Primary task was to collect revenue and decide dispute arising
in collection of revenue
Mufassil Diwani Adalat
Precursor of District Civil Court
Collector to act as the Judge
Sadar Diwani Adalat
Governor General and Council – As a highest Court of appeal
for civil disputes-
Small Cause Courts for disputes up Rs 10 presided by local
headman usually zamindar
Criminal Justice System
Responsibility of the Nawab
Muffassil Fouzdari Adalat – each district headed by a Kazi
and Mufti assisted by two moulavi –Collector to Supervise
Sadar Nizamat Adalat- headed by Mohd. Reza Khan Naib
Nazim
33. HASTINGS PLAN OF 1774 (TEMPORARY
MEASURES)
English Collectors were called of from districts
and natives were entrusted with collection of
revenue – Naibs
Six Provincial Divisions
Calcutta, Murshidabaad, Burdwan, Dacca, Dinajapur
and Patna
Company covenanted servants were appointed as
head and members of provincial division –the idea
was to entrust revenue functions to seniors of
Company’s servants
Heard appeal from Muffassil Diwani Adalat and also
had original jurisdiction for civil and revenue
disputes
34. HASTINGS PLAN OF 1780
Separation of Revenue from Judiciary,
Separate officers for Judicial and revenue works
Jurisdiction of Provincial Mufassil Adalat was extended to
cover all kind of Civil Disputes
Refer matters up to Rs 100 to Zamindar or other
respectable persons of the area– Giving birth to office of
Munsif
Native law officers only to expound law and not to decide
facts and make final decision – Patna Case
Appeal to go to Sadar Diwani Adalat
Appointment of Impey as Judge of Sadar Diwani Adalat
Impey drafted first civil code for functioning of Mufassil and
Provincial adalats
Recall of Impey
No Change in the Criminal Justice System
Raza Khan continued as naib nazim head of Sadar Nizamat Adalat
Court of Remembrance was instituted in Calcutta, call for report
35.
36. CORNWALLIS 1786-1793
Champion of “Oriental Despotism”
Model Builder
No man in the ordinary service of the company to ever
reach at the highest post
To deal with the problems of land revenue:
Permanent Settlement
Improvement in the administrative machinery
To introduce reforms in Judicial System
Enhance British Reputation
Cornwallis Code – implemented in Madras in
Bombay
37. JUDICIAL REFORMS -1787
Unification of all powers in the office of Collector
(26 Districts)
Collector was to be Chief Administrator for revenue
collection, decide revenue disputes, Judge of Mufassil
Adalat, also act as Magistrate
Advised to keep his various functions separate from
each others –e.g. to hear Revenue disputes in Mal
Adalat only
As a Judge of Mufassil Adalat to decide all civil
disputes , appeal in matters involving Rs. 1000 to
Sadar Diwani Adalat –From Sadar Adalat (for Rs.
5000 and above to King in Council Privy Council )
Court of Registrar for petty matters upto Rs. 200
38. REFORMS IN CRIMINAL JUSTICE SYSTEM
Abolished office of Nawab
Sadar Nizamat Adalat as the highest Court of
Appeal for Criminal Justice – Governor General
and Council
Establishment of 4 Circuit Courts –to hold
regular trial sessions in the district falling in
their divisions
Muffassil Fouzdari Adalat abolished- collector to
act as a Magistrate and judge for petty offences
Modified Mohammedan criminal Law
39. JUDICIAL PLAN OF 1793
Cornwallis Codes covering all facets of Revenue,
civil, commercial, criminal, Police
Separation of Judicial and Executive branch
Mal Adalats abolished and matters assigned to
Divani Adalat
A judge (Company’s servant) in all revenue district
(28) were appointed as Judge in Mufassil Diwani
Adalat, to act as Magistrate –Appeal to 4 provincial
Courts of Appeal
Courts of Registrar and Munsif to try petty civil cases
Recognition of Legal Professionals – learned in
personal laws
Abolition of Court fees
Collectors were made accountable before Judges of
Diwani Adalat
40. FINAL HIERARCHY POST CORNWALLIS
1793
Sadar Diwani Adalat,
Calcutta (Governor
General and Council)
4 Provincial Court of
Appeal (Divisional
Level) (English
Covenanted Servants)
Mufassil Diwani Adalat
(District Level) (English
officers)
Munsiffs (Rs. 50) and
Registrar (Rs. 200)
Sadar Nizamat
Adalat, Calcutta,
(Governor General
and Council)
Circuit Court
(Touring) (English
Covenanted Servants)
Magistrates
(Collector)/ District
Muffassil Adalat
Cognizance
Civil Criminal
41. FURTHER DEVELOPMENT LORD WELLESLEY
(1798 TO 1805)
Sadar Diwani Adalat (Three judges
to be appointed by Governor
General, Chief Judge must be a
member of Council- Cornwallis (in
his 2nd tenure removed this
condition)
Provincial Court of Appeal
(Divisional Level) (English
Covenanted Servants)
Mufassil Diwani Adalat (District
Level) (English officers)
Sadar Amin – A Native Judge- Lord
Amherst in 1824 made it salaried
post)
Munsiffs (50) and Registrar (200) -
Lord Wellesley
Sadar Nizamat Adalat
(Same as Sadar Adalat)
Circuit Court (Touring)
(English Covenanted
Servants)
Mufassil Diwani Adalat
(District Level) (English
officers)
Magistrates (Collector)
Civil Criminal
42. DUAL JUDICIAL SYSTEM
Supreme Court under Regulating
Act1773, “Charter Courts”
One Chief Justice and Two Puisne
Judges, appointed by Crown
Jurisdiction over Calcutta town
and over Company’s servant,
British Subjects
English Laws, Hindu and Muslim
laws in civil and personal matters
between natives.
Only Barrister were allowed to
appear before Supreme Court
No Jurisdiction over Revenue
matter
Appeal to Privy Council
No Supervisory Power over Sadar
Adalat System established
under Company regulation
Mufassil Diwani Adalat at
District to Appellate Court-
Sadar Diwani & Nizamat
Adalat at Calcutta
No Jurisdiction over
Englishmen
Hindu and Muslim laws,
Company's regulation
Vakils recognized by Sadar
Adalats
Appeal to privy Council
Independent of Supreme Court
No Power to issue writ
At Presidency Mufassil
43. LORD BENTINCK’S REFORM (1828, 1833)
Abolition of (Provincial) Circuit Court
Appointed Commissioners of Revenue and Circuit
20 Divisions for whole of Bihar Bengal and Odessa
hold session for ‘gaol delivery’ in districts and cities
at least twice an year – later on this power was
transferred to district courts giving birth to the
modern office of District and Session Judge
Power of Sadar Amin, district and city judges
increased
Munsif up to Rs. 300 and Sadar Amin up to Rs. 1000
Sadar Amin
Principal Sadar Amin up to Rs. 5000
Establishment of Sadar Diwani Adalat and
Nizamat Adalat in Allahabad (up to Banaras)
44. UNIFICATION UNDER INDIAN HIGH COURT
ACT 1861
Abolition of Supreme Court and Sadar Adalats
and in its place instituted a High Court to
exercise all powers exercisable by abolished
courts
Calcutta, Bombay and Madars
Writ jurisdiction
Supervisory powers over other courts falling
within their territory
Jurisdiction
Extraordinary –power to remove and try any suit
pending in any court
Appellate jurisdiction
Original civil and criminal jurisdiction jurisdiction
45. APPLICABLE LAWS AND JUDGES
Ordinary civil jurisdiction
Same law and Equity (and rule of good conscience) as applied
by Supreme Court
Appellate jurisdiction
Same laws and equity (and rule of good conscience) as the
court of original jurisdiction would have applied)
Criminal jurisdiction
IPC 1860
Judges
Barrister with five years of standing
Members of civil service of not less than 10 years of
experience, 3 years as district judge
Principal Sadar Amin for not less than 5 years
Pleaders before Sadar Adalat for not less than 10 years
* Not less than 1/3rd have to be barristers and not less than
1/3rd were to be from Civil Services
46. POST 1861
More High Courts established e.g. Allahabad High Court
(1866), Lahore High Court (1884), Patna High Court in
1918 (under a Letters Patent issued by British Crown), MP
High Court (1936) and Gauhati High Court (1948) under
Govt. of India Act 1935….
Federal Court under Government of India Act, 1935
Post independence, Constitution of India provided for a
linear three level hierarchical judicial system (starting
usually at the District (or sub-divisional level) with a Civil
Court headed by District and Session Judge (now called
Principal District Judge) under administrative supervision
of High Court of the state established under article 226,
227 of the Constitution of India, Supreme Court at the top
of it.
47. PRIVY COUNCIL
‘THE WORLD COURT’
Curia Regis (King’s Council): an assembly of all “tenants in chief”, All-
important royal officials were selected by king from “Curis-Regis.
Out of this Curia Regis grew three different courts. They were 1) Court of
Common Pleas, which basically resolved disputes between two subjects, 2)
Court of Exchequers resolved revenue related disputes and finally 3) King’s
Bench,
The essential concern of the King’s Bench was with matters affecting the King
other than purely revenue matters which were concern of the Exchequers.
Gradually King’s Bench developed jurisdiction over the supervision of officials.
Privy Council emerged from the same curia regis to advice king on the appeal
from the ‘colonies’.
Increase of number of cases because of expansion of British empire
led to Judicial Committee Act, 1833 replacing the presiding ‘layman’
councilor judges with legal experts to hear cases.
Privy Council was not a ‘court of law’ but an advisory Board whose
duty was to report to His Majesty their opinion, His Majesty
invariably accepted their opinion.
48. APPEALS FROM INDIA TO PRIVY COUNCIL
Started with Charter Acts of 1726 and 1753
Regulating Act provided for Appeal against decision of
Supreme Court at Calcutta (later also against the decision
of Recorder’s Court Bombay and Madras)
Act of Settlement 1781 provided for appeal against the
decision of Sadar Muffassil Adalats
Indian High Court Act 1861 allowed appeal against the
decision of High Courts
It was the highest court of appeal against the decision of
Indian courts till Federal Court (Enlargement of
Jurisdiction) Act 1948 made Federal Court at Delhi
replaced it.
Appeal in Criminal cases was not a matter of right, In Civil
cases the jurisdiction was based on value of the suits, post
1937 appeals in civil cases exceeding Rs 10,000
49. INFLUENCE OF PRIVY COUNCIL
A great unifying force in the judicial
administration of this country
Laid down the foundation of the principles of
modern Hindu and Muslims (personal) laws.
Decisions of the Privy Council on Indian laws are
still binding if not overruled by Supreme Court
In 1934 British Government issued a White
Paper to establish a ‘Supreme Court’ to hear
appeal from Indian High Courts but it was not
taken further.
“Symbol of Slavery”
50. FEDERAL COURT 1935
It was established under Government of India Act
1935 to hear appeal on the dispute arising from the
Act
Privy Council had appellate jurisdiction against the
decision of Federal Court.
Original Jurisdiction(Section 204): Disputes
between Dominion and its Units
Appellate Jurisdiction (Sec.205): On issues related
to constitutional matters (i.e. involving 1935 Act) only
if certificate is granted by High Court, in Civil and
Criminal cases from 1948 (??)
Advisory Jurisdiction (Sec 209): on the request of
Governor-General, non binding