History

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Bhavisha

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Surat Surat

:-Charter of 1600 East india company. Charter of 1600 East india company. Legislative power

:-Legislative power :- The legislative powe The legislative power contered on the cr contered on the company was veryompany was very limited & restricted in scope & character no harsher punishment, such

limited & restricted in scope & character no harsher punishment, such as capitalas capital

sentence. sentence.

•

• While granting legislative power, the charter made no refrence to any factoriesWhile granting legislative power, the charter made no refrence to any factories

or territories. or territories.

•

• The company fund that its lagislative pow The company fund that its lagislative power was inadequate in practice er was inadequate in practice forfor

maintaining discipline amongst its servents while on long voyages. maintaining discipline amongst its servents while on long voyages.

•

• The rst commisions was i The rst commisions was issued by owner elizabeth on 2ssued by owner elizabeth on 2thth !an "#$" to captain !an "#$" to captain

lancaster for the rst voyage. lancaster for the rst voyage.

•

• %regory lellington had %regory lellington had illed an eilled an englishman near nglishman near surat.surat.

1661 1661

•

• The 'harter of "##" w The 'harter of "##" which conferrhich conferred broad powers on the comed broad powers on the company topany to

administer !ustice in its settlement has an important bearing on

administer !ustice in its settlement has an important bearing on the evolutionthe evolution

of the !udicial system in india. of the !udicial system in india.

•

• (n april ), "##" charles granted a (n april ), "##" charles granted a new charternew charter.* +udged all .* +udged all person person  •

• 'harter of "##" e-tended not only to the companys 'harter of "##" e-tended not only to the companys servants but all those whoservants but all those who

lived

lived in the in the company company settlement.settlement.

•

• /e/eatures *charter "##" the !udicial power was atures *charter "##" the !udicial power was granted to the granted to the governor councilgovernor council

of a factory, which

of a factory, which meant the e-ecutimeant the e-ecutive govt. of the ve govt. of the place*ii !ustce wasplace*ii !ustce was required to be administred according to the english law.

required to be administred according to the english law.

•

• "##" a0ected the administration of "##" a0ected the administration of !ustice in india."#$$*charter1power wer!ustice in india."#$$*charter1power weree

restricted. restricted.

•

• (t was applicable be (t was applicable be given in only the term of ne given in only the term of ne & imprisoment or foreture.& imprisoment or foreture. •

• That are primarily given to ma That are primarily given to mae arrangmente arrangments for disciplning the companys for disciplning the company

man. man.

"##"*charter 1 3uch more e-tensive !udical power were granted "##"*charter 1 3uch more e-tensive !udical power were granted

•

• (t was applicable on (t was applicable on english & all those english & all those who were living in settlement are.who were living in settlement are. •

• 'apital punishment are given.'apital punishment are given. •

• This charter was to cr This charter was to create !udicial system eate !udicial system for the company terfor the company territaryritary..

". 4s compared to the charter of

". 4s compared to the charter of "#$$, the charter of "##" granted much more"#$$, the charter of "##" granted much more e-tensive

e-tensive !udicial !udicial power power to to the the governor governor and and council council of of a a factoryfactory.. 2. The purpose of

2. The purpose of the charter of "#$$ primarily was to mae arrangement forthe charter of "#$$ primarily was to mae arrangement for eeping discipline among the servant of

eeping discipline among the servant of the companythe company. The . The charter of "##" hadcharter of "##" had a wide perspective its purpose was to

a wide perspective its purpose was to create a !udicial system of the companyscreate a !udicial system of the companys territori

territories es passessions.passessions.

).'harter "#$$ had stipulated that the laws to be made by the company could not ).'harter "#$$ had stipulated that the laws to be made by the company could not

be contrary to the laws

be contrary to the laws of england *provision of the charter "##" stipulatingof england *provision of the charter "##" stipulating english law could not have wors to their advantage.

english law could not have wors to their advantage. .

.

adras !16"#-1$%6& adras !16"#-1$%6& The early centr

The early centres of 5ritish power in india wees of 5ritish power in india were the thrre the three presidieee presidiency towns ofncy towns of madras, 5ombay & calcutta.

madras, 5ombay & calcutta.

•

• 3adras was the rst presidency town to be 3adras was the rst presidency town to be established by the 5ritish in india.established by the 5ritish in india. •

• The !udicial institutions gr The !udicial institutions grew in three stew in three stages before "62ages before "62##

i7

i7 //irst irst stage stage "#)8 "#)8 to to "##9 "##9 : : i74dministrai74dministrative tive set set upup ii7+udicial

ii7+udicial systemsystem iii7

iii7 ;o ;o established established procedurproceduree WITH BEST WISHES

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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 mayors 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  * adhiari  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.

2 seond period 1 agent ws converted into governer.*mrs. 4scentio dawes "##9

case"#6> * instead of agent & his council new name was hight court of

!ucicature

• =treynsham master *governor of madras *"##6"#>"*two days in wee

• +ury appointed "2 men.

• 'oultry court was reorganised.

) Third period 1 4dmiratly court. *"#>#madras.

The court used !ury in criminal cases but not in civil case. "#>6 *+ohn bigges advocate

"#82 *+ohn Bolben "#8# *William fraser

• 3ayors court*"#>> court was a part of the madras coporation which was

established with a charter dated dec )$,"#>6.

• "#># house

ta-• 'orporation of madras "#>> it consist a " mayor "2 aldrman * ) 5ritish 8

belong any nationality .and #$ to "2$ 5urgesess.

• The mayor & 4lderman were to from a court of record now as mayors court.

• /irst recorde : sir !ohn biggs.

• This court all civil & criminal matter but not capital punishment allowed.

• (n "6"2 *capital punishment allowed mayor & governor relations rough.

• 4fter the mayor court came the coultry court last its importance.*two

pagodes.

• "#># to "62# * ) court  mayor court *company  charter.

4dmiratly *governor & council  "6$ * irregular.

'om(ay !166)-1$%6&

The partugulge were the rst european nation to acquire the island of 5ombay in "9)*population "$,$$$*%u!arats 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.

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"##" partuguge ing 4llonsus C( married with catherine and he gave dowry to his *land

'harles (( transferred it to east india company. /irst period 1 ?nglish law established in 5ombay.

The main artict of the rst !udicial systme in 5ombay as %eraid aungies, the governor of the surat factory.*"##>

%erald 4ungies established !udicial system in "#6$.

5ombay divided into 2 parts i7 5ombay, 3azagon & girgam (i7 3ahim, parel, sion & warl.

4 court consisting of ve !udges in each division "#6$ swveral dralbadts 1 +udges were traders

;o di0erence below e-ecutive & !udiciary ;o salaries who given

%erald 4ungies too step De want somebody qualities lawyer as a !udge in place of still trade. (n "#62 he appoit wilco-.*The court of conscience The court of !udicature.

+udged gees was -ed @s2$$$ a year.

5ombay divided into  parts *5ombay, mahim, mazagaon & sion 4 !ustice of peace were appoint in each section.

"#6 death of vilco-. (n "#69 nicolls was appointed of salary "2$ per an. =alary ? 8$ a year : *"#>) oEce ll held

=econd period 1 charter "#>) setting up of an admiralty court.

Br. sl.+ohn was the civil lawyer londen was the !udge advocate with salary ? 2$$.

Br. =aint +ohn and chil became governer of surat. 4dmiratly court in "#>.

"#62 vaur was new +udge *decide civil & criminal case  also member or 5ombay council.;o Fnowledge of law. Then Br +ohn complaint to

secretary of state. The relation between vau- & Br +ohn are not cardial & =mooth.

"#>6 staint +ohn was dismissed.

(n "#8$ to "6"> is the dar period in the history. (n "#8$ to "6"> is the dar period in the history.

;o court was established the governer & councils moved to 5ombay from surat in "#>6.

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

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(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 taen 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.

Calcutta 16#0 * 1$%6

The foundations of the premier indian city of calcutta were laid on the 2th_aug.

"#8$ when a few englishman under the leadership of !ob charnoc landed at sutanti on the boos of the rives hugly.

/actory */art willian

(n "##>, the company secured the zamindari, of three ad!acent village calcutta, sutanati, govindpur.*annual revenue of ""89 rupess. from price 4zimush shan, grandson of 4urangzeb, * subandar of bengal

(n "#88 calcutta became a presidency * 4 collector & president was appointed to control the entire civil criminal & revenue !urisdiction after one year calcutta declared presidency

3ughal !udicial =ystem 1

Hamindars !udicial powers I Buring the palmy days of the mughal empire, the zamindar of bengal collected land revenue & 3aintained law & order within their Hamindar limiits.

Fazis court, interspersed throughout the country decided civil,criminal cases there used to be a azi in each sarar *district paragraph,city, large village. Cillage panchayat were also quite active *decide cases but e-cept serious crime

4ppeals to the decisions of the panchayats to the ing of sarar & then for chief azi of the subhah.

+udicial system was simple & several the needs of the people.

;o much litigation come before azis because civil cases amongst the hindus were decided by their elder & 5rahmins.

Fazis & courts 1 when the mughal administrative structure started

disintegrating & nawals authority weaened in bengal. Then many places this result e-toriton & corruption on a large scale.

+ustice was not impartially.

Fazi used to Jturn right into wrong & in!ustice into !ustice.

The !udges were pid no salaries *they appropriated nes for petty a0ence & one fourth of debts & property received recovered through the at time both party pay one the guilty by way of ne, the innocent by way of thans giving. The azi court did not functional well.*court was corrupt & indi0erent manner

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Then ;awab courts at murshidabad *but in theory *not many appils taen. ;awabs 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 nawabs !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 nawabs deputy & diwan deputy. The fardar * police oEcers function * serious crime

The administration of !ustice was in very poor shape in 5engalK

+udicial =ystem at calcutta1

'ollector or zamindar *member of the governors councling 3ethod of punishment who whipping

Beath sentence was inLicted not by hanging but by whipping to death.

Hamindars court was not conned only to the indian but also for englishman. governor & council under the authority of the charter of "##".

4 capital sentence was e-ecuted only after confermation from the nawab The collector *who was an e-ecutive oEcer.

4fter all this, the charter of "62# was issued & the mayor court was agin started in calcutta.