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Bhavisha Bhavisha: The Commerce & Law Institu The Commerce & Law Institu
Bhavisha Bhavisha: The Commerce & Law Institu The Commerce & Law Institu
Bhavisha Bhavisha: The Commerce & Law Institu The Commerce & Law Institu
Surat :-
1661
• The 'harter of "##" which
which conferred
conferred broad powers on the company
company to
administer !ustice in its settlement has an important bearing on the evolution
of the !udicial system in india.
• (n april ), "##" charles granted a new charter.*
charter.* +udged all person
• 'harter of "##" e-tended not only to the companys servants but all those who
lived in the company settlement.
• /eatures
/eatures *charter "##" the !udicial power was granted to the governor council
of a factory, which meant the e-ecutive
e-ecutive govt. of the place*ii !ustce was
required to be administred according to the english law.
• "##" a0ected the administration of !ustice in india."#$$*charter1power werewere
restricted.
• (t was applicable be given in only the term of ne & imprisoment or foreture.
• That are primarily
primarily given to mae
mae arrangments
arrangments for disciplning the company
man.
". 4s compared to the charter of "#$$, the charter of "##" granted much more
e-tensive !udicial power to the governor and council of a factory.
factory.
2. The purpose of the charter of "#$$ primarily was to mae arrangement for
eeping discipline among the servant of the company.
company. The charter of "##" had
a wide perspective its purpose was to create a !udicial system of the companys
territories
territories passessions.
).'harter "#$$ had stipulated that the laws to be made by the company could not
be contrary to the laws of england *provision of the charter "##" stipulating
english law could not have wors to their advantage.
.
adras !16"#-1$%6&
• 3adras was the rst presidency town to be established by the 5ritish in india.
• The !udicial institutions grew
grew in three stages
stages before "62#
"62#
i7 /irst stage "#)8 to "##9 : i74dministrative
i74dministra tive set up
ii7+udicial system
iii7 ;o established procedure
procedure
ii7 =econd stage "##9 to "#># ?-tensive power & delay in !ustice
*?stablisher of the court of the of the governor and
council
iii7 Third stage "#># to "62# 'reation of two courts
i7 admiratly court
ii7 mayors court
• /irst period 1 3adras was founded in "#)8 by francis day.
'ompany name fort.stg.%eorge
@a!a granted full power & authority to company.
5lac & white tows come in madras.
• 4dministrative set up 1 its administrative head was called the Aagent
administered the settlement with the help of a council.
• +ustice was dispensed to the inhabitants of the white town by the agent &
council.
• 'houltry court with adigar * village headman * adhiari authority."#92
dismissed two englishmen appointed.*court of petty cases
• "#2 5ritish soldier was illed by a portuguese.
• "# sargeane 5radford illed
• 4gent & council referred the matter madras till now subordinate of surat.
• ;o established procedure : There was no - procedures ii7 5lac town & while
town people have di0erent punishment.
• <agodo was a gold coin valuing three rupees.
'om(ay !166)-1$%6&
The partugulge were the rst european nation to acquire the island of
5ombay in "9)*population "$,$$$*%u!arats ing*sultan bahadur.
before "62# i7 rst stage "##> to "#>) : 'harter of "##> ii7 +udicial
sysem.
ii7 =econd stage "#>) : "#8$ : 4dmiratly court in "#>
iii7 Third stage "6"> to "62# : (ndian !udges.
Third period 1 after the age of )$ years . the court !udicature was
established on 29th march "6">.
The court sat once at wee.
The !udges who mostly member of the governor council * no legal
nowledge
This court deal in all civil, criminal & testamontry match *related to
property.
+udgement was based on !ustice, equity & good consious & the law of
england & the local custom which probably indian !udges might be
telling them.
@ama amat 1 (ndian business man uncorrupt person was made to be
invatved in lalse by english person.
Surat
Surat factors
The 5ritish people regarded surt as the most suitable place or establishing a
factory.
=urat at the time was an important commercial commisions centre & a
populous town within the moghal empire
(t was a good intrrations part as from the thousand of muslim pilgrims scile
every years.
(n "#"2, the english men succeded in establishing their factory at surat with
the permission of the local mughal governor.
+ames ( sent an 4mbassaadar, sir Thomas rae, to the mughal emperer who in
"#69 issued a rman granting certain facilities to the englishmen. They are
allowed to trade & establish a factory at surat in a hired house.
3ughal governor the azis at surat were en!oined that in all cases complaints &
controversis,
Till "#>6 surat wa the chief centre of company activities in india it was most
important factory of the rst presidency.
Gther factories as when established in india who subscribed to surat.
(n "#>6 the seal of the president council was transferred from surat to 5ombay.
Three presidency calcutta, madras, bombay nown as presidency
Town & the territories around these towns were nows as moussil.
The factory had a rudimentary administrative !udicial set up
(ts administration was vested in the president council who were appointed by
the commpany. 4ll the decision of councling taen by ma!ority of votes.
Bual system of law english law, india law
There was no concept of a territorial law.
'riminal trial held in "#)# under this commission is available.
Then ;awab courts at murshidabad *but in theory *not many appils taen.
;awabs courts * at murshidabad.
The Barogah : adalat at alia who was formerly the the nawab deputy in the
court began to e-ercise all of the nawabs !udicial function.
The highest civil court was that of the diwani who used to be the head of the
dewani responsible for collection of land revenue.
The court of nawab was a criminal court.
'onfusion between nawabs deputy & diwan deputy.
The fardar * police oEcers function * serious crime
The administration of !ustice was in very poor shape in 5engalK