The Settlement Act of 1781 authorised the Governor-General and his Council of 4 members to make Regulations for the territories under the East India Company. The Charter Act, 1833, made certain sweeping changes in the constitutional structures of the Company’s government in India. A central legislature with the Governor-General in Council was established at Calcutta … Read more
The picture of the system of law prevailing in India near about the beginning of the 19th century is one of confusion and chaos. There was variation of law between the Presidency towns and the mofussil; the law in all the Presidency towns was not uniform as judicial decisions had introduced some differences therein also. … Read more
The British rule was introduced into India by the assumption of Diwani by the East India Company in 1765. But the actual influence of the British administration, particularly in the development of the Hindu law, could not take place so prominently before the middle of the 19th century. The vague formulae like the ‘justice, equity … Read more
In this article, we will discuss the writ jurisdiction of the high courts before the commencement of the constitution. A writ is a quick remedy against injustice, a device for protection of the rights of citizens against any encroachment by the governmental authority. In Britain, writs were the King’s or Queen’s prerogative writs and were … Read more
or High Courts in India: Second half of the 19th Century Abolition of dual judicial system The company’s government in British India was replaced by the direct rule of the Crown in 1858. Now, the efforts were made to abolish the dual system of courts which was defective in many respects. The respective jurisdiction of … Read more
The East India Company became a dominant political power in India, by the end of the 18th century. While the Company’s income was decreasing, its servants were becoming wealthier day-by-day. The British Parliament, thus, passed a Regulating Act which went a long way in subjecting Company’s servants to the control of British Parliament. The Act … Read more
In this article, will discuss the administration of justice in British India. The process of development of legal institutions in India started in the year 1600 with the formation of East India Company in Britain, to trade with India. Charter of 1661 The Charter of 1661 which conferred broad powers on the Company to administer … Read more
Establishment of Supreme Court Under the Crown’s Charter of 1774 In pursuance of the power given by the Regulating Act, 1773, the Crown issued a Charter on March 26, 1774, establishing the Supreme Court of Judicature at Calcutta. The Charter settled the various details relating to the Court, and abolished the legal provisions of the … Read more
Constitution of Third Law Commission On 14th December, 1861 a Third Law Commission was constituted authorising the Commissioners to frame for India ‘a body of substantive law, in preparing of which the law of England should be used as a basis, but which once enacted should itself be the law of India, on the subject … Read more
One Cossinaut Baboo had lent a large sum of money to the Zamindar or Raja of Cossijurah. He had tried in vain to obtain this money through the Board of Revenue at Calcutta. He, therefore, sued the Raja in the Supreme Court and filed an affidavit in August, 1779 which stated that the Raja was … Read more