The Muslim/Mohammedan Criminal Law was most severe and was not conducive to the modern society. In the words of Warren Hastings, “It was founded on most lenient principles and an abhorrence of bloodshed.” Punishment It provided four kinds of punishment for various offences – 1. Kisa – (Retaliation) Kisa means life for life and limb … Read more
Introduction The Act of Settlement 1781 was passed by the British Parliament on 5th July 1781 to remove the defects of Regulating Act of 1773. The key provision of this Act was to demarcate the relations between the Supreme Court and the Governor General in Council. Necessity of the passing of the Act of Settlement of 1781 … Read more
Kamaluddin Ali Khan Case represents the first open difference of opinion between the Court and the Government over the question of Court’s control of Diwani functions. Facts of the Case- 1. In 1775, Kamaluddin, a farmer of Hidglee, was committed without bail by the Calcutta Revenue Council on the ground of arrears of revenue due … Read more
Patna case identified the defects of administering justice by the company’s judicial system in Mofussil. Facts of the Case – 1. One Shahbaz Beg Khan a native of Kabul, came to India and became a soldier in Company’s Court and earned huge money and settled in Patna. 2. He was having no issue so he … Read more
In a significant decision, the Supreme Court has ordered reinstatement of a woman Additional District Judge (ADJ), who accused a Madhya Pradesh High Court judge of sexual harassment. The lady ADJ was transferred after making allegations, due to which she resigned. A two-member bench of Justice L Nageswara Rao and Justice BR Gavai issued this … Read more
Introduction William Bentinck came in India as Governor-General of Bengal in July, 1828 and continued upto March, 1835. He introduced radical changes in the sphere of finance, justice and education. He fully re-organised the entire judicial system. Bentinck adopted the policy of Indianisation of the judiciary. Although he initiated many new policies in the civil … Read more
Introduction The judicial plan of 1790 is concerned with the reform of Criminal Law. Cornwallis came to India in 1786 as Governor-General and stayed here till 1793. He introduced the reforms in the judicial systems in three stages, in 1787, 1790 and 1793. Judicial Plan of 1790 Administration of criminal justice was in chaotic position … Read more
Introduction Judicial Plan of 1772 and 1774 was introduced by Warren Hastings. He remained Governor of Bengal from 1772 to 1774. In 1774 he was promoted to the rank of Governor-General. He remained on this post till 1785. He was a competent and an efficient administrator. The administration of justice at the time Warren Hastings … Read more
The trial of Raja Nand Kumar gives a description of the political situation in the country under the reign of East India Company – Fact of the case 1. Nand Kumar was an influential Brahmin of Bengal. He brought certain charges of corruption and bribery against Warren Hastings, the then Governor General, before the Supreme … Read more
Introduction The Charter Act of 1833 was enacted to remove the confusion and uncertainty prevailing in the Indian Law and to introduce uniformity in the Indian legislations. In 1833 the attention of British Parliament was drawn towards the three leading vices prevailing in the administration of Indian Government – 1. Defects in the nature of … Read more