Administration of justice in bombay madras and calcutta
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Madras:
It was developed in three stages.
They are:
Stage I: 1639 – 1678
Stage II: 1678 – 1683
Stage III: 1683 – 1726
Agent And Council:
In the White Town, the agent and council were authorised to decide both civil and criminal cases of English people residing at Fort St. George. Judiciary was vague. So they referred the cases to England.
Choultry Court:
Old Choultry Court was reconstituted. Adikari was replaced by three English Officers. They sat twice a week and tried all civil cases up to the value of 50 pagodas. Their decision was appealable to the GOVERNOR IN Council
This court applied the rules of equity, good conscience and the laws and customs of merchants. This court becomes the general court of the city for all practical purposes in setting all civil and criminal cases. This court functioned till 1704.
A man learned law called Recorder was attacked to Mayor’s Court. (Court of reward). The Mayor court tried,
All civil cases up to the value of 3 pagodas
All criminal cases with the help of jury and punished the offenders by fine or imprisonment.
Appeals were allowed to the Admiralty Court.
Pagoda Oath Case:
In Madras, Hindus gave evidence in the Court on Bhagwad Geetha Oath. Two Hindu Merchants were put to jail by the Mayor’s Court for refusing to take the pagoda oath which they said was contrary to their religion and the rules of the castle. This made the Hindu Residents very furious and they approach the Governor to interfere. So Governor released those merchant on parole. At the same time the Court was directed to pay regard to the religious rites and ceremonies of the natives.
Re-electing as Mayor Case:
In 1734, a conflict arose over the Mayor’s re-election. Naish was re-elected as Mayor but the Governor refused to allow him to take the Oath of Office on the ground that an outgoing Mayor could not be re-elected under the Charter of 1726. Ultimately another Mayor was to be elected.
Mayor and Secretary Betting Case:
Terrain the Secretary to the Madras Government and Mayor Naish met at a dinner party and entered into a bet which Naish lost and refused to pay. Terrain sued him in the Mayor’s Court which ruled that Mayor was immune from prosecution. The Government later complained that its secretary had been treated with indignity by the Court.
Bombay:
It was under the control of the Portuguese from 1534 onwards. Portuguese King gave it as a dowry to Charles II of England when he married the formers sister in 1661. King leased it to the company. The Judicial Administration developed in three stages. They are:
Stage I: 1668 – 1683
Stage II: 1684 – 1690
Stage III: 1718 – 1726
1668 – 1683:
Judicial Reforms of 1670:
Gerald Aungier reorganised the old judicial setup of Bombay and all laws were classified into six sections. They are:
related to the freedom of worship and religious believes
impartial administration of justice
establishment of a court of Judicature to decide all criminal cases and for the appointment of justice of peace and order, to arrest criminals
registration of transactions concerning sale of land and houses
contained miscellaneous provisions dealt with penalties for different crimes
military discipline and prevention of disorder and revolt. Bombay was divided into two divisions. Each division had a court of five Judges. The customs officer of each division, an Englishman presided this court.
Quorum of this Court: Three Judges
They sat once a week and tried petty civil and criminal cases up to the value of two xerophins (A Portuguese coin equal to nearly Rs. 7.50).
Appeal was heard by the Governor and Council.
Calcutta:
In 1690, the English Merchants founded a settlement at Sutanati, a site where future Calcutta developed. In 1698, they secured Zamindari rights over Sutanati, Calcutta and Gobindpur. The company established Fort William at Calcutta in 1700. Calcutta became a Presidency with the Governor and Council to manage its affairs. A member of the Council was appointed as Collector to act as Zamindar on behalf of the company in 1700.
Faujdari Court:
The Collector decided criminal cases of the natives of three villages – Sutanati, Gobindpur and Calcutta. The criminals were punished by whipping, imposing fines, imprisonment, banishment or work on roads. Capital punishment was given only after confirmation by the Governor's in council
Hope this helps you
It was developed in three stages.
They are:
Stage I: 1639 – 1678
Stage II: 1678 – 1683
Stage III: 1683 – 1726
Agent And Council:
In the White Town, the agent and council were authorised to decide both civil and criminal cases of English people residing at Fort St. George. Judiciary was vague. So they referred the cases to England.
Choultry Court:
Old Choultry Court was reconstituted. Adikari was replaced by three English Officers. They sat twice a week and tried all civil cases up to the value of 50 pagodas. Their decision was appealable to the GOVERNOR IN Council
This court applied the rules of equity, good conscience and the laws and customs of merchants. This court becomes the general court of the city for all practical purposes in setting all civil and criminal cases. This court functioned till 1704.
A man learned law called Recorder was attacked to Mayor’s Court. (Court of reward). The Mayor court tried,
All civil cases up to the value of 3 pagodas
All criminal cases with the help of jury and punished the offenders by fine or imprisonment.
Appeals were allowed to the Admiralty Court.
Pagoda Oath Case:
In Madras, Hindus gave evidence in the Court on Bhagwad Geetha Oath. Two Hindu Merchants were put to jail by the Mayor’s Court for refusing to take the pagoda oath which they said was contrary to their religion and the rules of the castle. This made the Hindu Residents very furious and they approach the Governor to interfere. So Governor released those merchant on parole. At the same time the Court was directed to pay regard to the religious rites and ceremonies of the natives.
Re-electing as Mayor Case:
In 1734, a conflict arose over the Mayor’s re-election. Naish was re-elected as Mayor but the Governor refused to allow him to take the Oath of Office on the ground that an outgoing Mayor could not be re-elected under the Charter of 1726. Ultimately another Mayor was to be elected.
Mayor and Secretary Betting Case:
Terrain the Secretary to the Madras Government and Mayor Naish met at a dinner party and entered into a bet which Naish lost and refused to pay. Terrain sued him in the Mayor’s Court which ruled that Mayor was immune from prosecution. The Government later complained that its secretary had been treated with indignity by the Court.
Bombay:
It was under the control of the Portuguese from 1534 onwards. Portuguese King gave it as a dowry to Charles II of England when he married the formers sister in 1661. King leased it to the company. The Judicial Administration developed in three stages. They are:
Stage I: 1668 – 1683
Stage II: 1684 – 1690
Stage III: 1718 – 1726
1668 – 1683:
Judicial Reforms of 1670:
Gerald Aungier reorganised the old judicial setup of Bombay and all laws were classified into six sections. They are:
related to the freedom of worship and religious believes
impartial administration of justice
establishment of a court of Judicature to decide all criminal cases and for the appointment of justice of peace and order, to arrest criminals
registration of transactions concerning sale of land and houses
contained miscellaneous provisions dealt with penalties for different crimes
military discipline and prevention of disorder and revolt. Bombay was divided into two divisions. Each division had a court of five Judges. The customs officer of each division, an Englishman presided this court.
Quorum of this Court: Three Judges
They sat once a week and tried petty civil and criminal cases up to the value of two xerophins (A Portuguese coin equal to nearly Rs. 7.50).
Appeal was heard by the Governor and Council.
Calcutta:
In 1690, the English Merchants founded a settlement at Sutanati, a site where future Calcutta developed. In 1698, they secured Zamindari rights over Sutanati, Calcutta and Gobindpur. The company established Fort William at Calcutta in 1700. Calcutta became a Presidency with the Governor and Council to manage its affairs. A member of the Council was appointed as Collector to act as Zamindar on behalf of the company in 1700.
Faujdari Court:
The Collector decided criminal cases of the natives of three villages – Sutanati, Gobindpur and Calcutta. The criminals were punished by whipping, imposing fines, imprisonment, banishment or work on roads. Capital punishment was given only after confirmation by the Governor's in council
Hope this helps you
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it is developed
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