Bhavisha - The Commerce & Law Institu

410 Nandanwan, Aakhaliya Circle, Chopasni Road, Jodhpur (Raj

Contact :0291-2760178,9810060308, 9782408101,
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Surat :Charter of 1600 East india company.

Legislative power :- The legislative power contered on the company was very
limited & restricted in scope & character no harsher punishment, such as capital
sentence.
While granting legislative power, the charter made no refrence to any factories
or territories.
The company fund that its lagislative power was inadequate in practice for
maintaining discipline amongst its servents while on long voyages.
The first commisions was issued by owner elizabeth on 24th jan 1601 to captain
lancaster for the first voyage.
Gregory lellington had killed an englishman near surat.
1661
The Charter of 1661 which conferred broad powers on the company to
administer justice in its settlement has an important bearing on the evolution
of the judicial system in india.
In april 3, 1661 charles granted a new charter.[ Judged all person ]
Charter of 1661 extended not only to the companys servants but all those who
lived in the company settlement.
Features [charter 1661] the judicial power was granted to the governor council
of a factory, which meant the executive govt. of the place[ii] justce was
required to be administred according to the english law.
1661 affected the administration of justice in india.1600[charter]:-power were
restricted.
It was applicable be given in only the term of fine & imprisoment or forfieture.
That are primarily given to make arrangments for disciplning the company
man.

1661[charter] :- Much more extensive judical power were granted

It was applicable on english & all those who were living in settlement are.
Capital punishment are given.
This charter was to create judicial system for the company territary.

1. As compared to the charter of 1600, the charter of 1661 granted much more
extensive judicial power to
the governor and council of a factory.
2. The purpose of the charter of 1600 primarily was to make arrangement for
keeping discipline among the servant of the company. The charter of 1661 had
a wide perspective its purpose was to create a judicial system of the companys
territories passessions.
3.Charter 1600 had stipulated that the laws to be made by the company could not
be contrary to the laws of england [provision of the charter 1661 stipulating
english law could not have works to their advantage.
4.
Madras [1639-1726]
The early centres of British power in india were the three presidiency towns of
madras, Bombay & calcutta.

Madras was the first presidency town to be established by the British in india.
The judicial institutions grew in three stages before 1726i) First stage 1639 to 1665
i)Administrative set up
ii)Judicial system
iii) No established procedure
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Bhavisha - The Commerce & Law Institu

410 Nandanwan, Aakhaliya Circle, Chopasni Road, Jodhpur (Raj
Contact :0291-2760178,9810060308, 9782408101,
Web www.bhavisha.co.in

ii) Second stage 1665 to 1686 Extensive power & delay in justice
[Establisher of the court of the
of the governor and
council]
iii) Third stage 1686 to 1726 Creation of two courts
i) admiratly court
ii) mayors court
First period :- Madras was founded in 1639 by francis day.
- Company name fort.stg.George
- Raja granted full power & authority to company.
- Black & white tows come in madras.
Administrative set up :- its administrative head was called the agent
administered the settlement with the help of a council.
Justice was dispensed to the inhabitants of the white town by the agent &
council.
Choultry court with adigar [ village headman ] [ adhikari ] authority].1652
dismissed] two englishmen appointed.[court of petty cases]
1642 British soldier was killed by a portuguese.
1644 sargeane Bradford killed
Agent & council referred the matter madras till now subordinate of surat.
No established procedure There was no fix procedures ii) Black town & while
town people have different punishment.
Pagodo was a gold coin valuing three rupees.

seond period : agent ws converted into governer.[mrs. Ascentio dawes 1665

case]1678 [ instead of
agent & his council new name was hight court of
jucicature
Streynsham master [governor of madras [1667-1681][two days in week]
Jury appointed 12 men.
Coultry court was reorganised.

Third period :- Admiratly court. [1686]madras].

The court used jury in criminal cases but not in civil case.
1687 [John bigges] advocate
1692 [John Dolben]
1696 [William fraser]
Mayors court[1688] court was a part of the madras coporation which was
established with a charter dated dec 30,1687.
1686 house tax
Corporation of madras 1688] it consist a 1 mayor 12 aldrman [ 3 British 9
belong any nationality ].and 60 to 120 Burgesess.
The mayor & Alderman were to from a court of record know as mayors court.
First recorde sir john biggs.
This court all civil & criminal matter but not capital punishment allowed.
In 1712 [capital punishment allowed] mayor & governor relations rough.
After the mayor court came the coultry court last its importance.[two
pagodes].
1686 to 1726 [ 3 court ] mayor court [company ] charter.
Admiratly [governor & council ] 1704 [ irregular].

Bombay [1668-1726]
The partugulge were the first european nation to acquire the island of
Bombay in 1534[population 10,000][Gujarats king][sultan bahadur.
before 1726 i) first stage 1668 to 1683 Charter of 1668 ii) Judicial
sysem.
ii) Second stage 1683 1690 Admiratly court in 1684
iii) Third stage 1718 to 1726 Indian judges.

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Bhavisha - The Commerce & Law Institu

410 Nandanwan, Aakhaliya Circle, Chopasni Road, Jodhpur (Raj
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Web www.bhavisha.co.in

1661 partuguge king Allonsus VI married with catherine and he gave

dowry to his [land]
Charles II transferred it to east india company.
First period :- English law established in Bombay.
The main artict of the first judicial systme in Bombay as Geraid aungies,
the governor of the surat factory.[1668]
Gerald Aungies established judicial system in 1670.
Bombay divided into 2 parts i) Bombay, Mazagon & girgam
Ii) Mahim, parel, sion & warl.
A court consisting of five judges in each division
1670 swveral dralbadts :- Judges were traders
No difference below executive & judiciary
No salaries who given
Gerald Aungies took step He want somebody qualities lawyer as a judge
in place of still trade. In 1672 he appoit wilcox.[The court of conscience]
The court of judicature.
Judged gees was fixed Rs-2000 a year.
Bombay divided into 4 parts [Bombay, mahim, mazagaon & sion]
A justice of peace were appoint in each section.
1674 death of vilcox. In 1675 nicolls was appointed of salary 120 per an.
Salary E 90 a year [1683 office fill held]
Second period :- charter 1683 setting up of an admiralty court.
Dr. sl.John was the civil lawyer londen was the judge advocate with salary
E 200.
Dr. Saint John and chil became governer of surat.
Admiratly court in 1684.
1672 vaur was new Judge [decide civil & criminal case ] also member or
Bombay council.No Knowledge of law. Then Dr John complaint to
secretary of state.] The relation between vaux & Dr John are not cardial &
Smooth.
1687 staint John was dismissed.
In 1690 to 1718 is the dark period in the history.
In 1690 to 1718 is the dark period in the history.
No court was established the governer & councils moved to Bombay from
surat in 1687.
Third period :- after the age of 30 years . the court judicature was
established on 25th march 1718.
The court sat once at week.
The judges who mostly member of the governor council [ no legal
knowledge]
This court deal in all civil, criminal & testamontry match [related to
property].
Judgement was based on justice, equity & good consious & the law of
england & the local custom which probably indian judges might be
telling them.
Rama kamat :- Indian business man uncorrupt person was made to be
invatved in lalse by english person.

Surat
Surat factors
The British people regarded surt as the most suitable place or establishing a
factory.
Surat at the time was an important commercial commisions centre & a
populous town within the moghal empire
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Bhavisha - The Commerce & Law Institu

410 Nandanwan, Aakhaliya Circle, Chopasni Road, Jodhpur (Raj
Contact :0291-2760178,9810060308, 9782408101,
Web www.bhavisha.co.in

It was a good intrrations part as from the thousand of muslim pilgrims scile
every years.
In 1612, the english men succeded in establishing their factory at surat with
the permission of the local mughal governor.
James I sent an Ambassaadar, sir Thomas rae, to the mughal emperer who in
1675 issued a firman granting certain facilities to the englishmen. They are
allowed to trade & establish a factory at surat in a hired house.
Mughal governor the kazis at surat were enjoined that in all cases complaints &
controversis,
Till 1687 surat wa the chief centre of company activities in india it was most
important factory of the first presidency.
Other factories as when established in india who subscribed to surat.
In 1687 the seal of the president council was transferred from surat to Bombay.
Three presidency calcutta, madras, bombay known as presidency
Town & the territories around these towns were knows as moussil.
The factory had a rudimentary administrative judicial set up
Its administration was vested in the president council who were appointed by
the commpany. All the decision of councling taken by majority of votes.
Dual system of law english law, india law
There was no concept of a territorial law.
Criminal trial held in 1636 under this commission is available.
Calcutta 1690 1726
The foundations of the premier indian city of calcutta were laid on the 24th aug.
1690 when a few englishman under the leadership of job charnock landed at
sutanti on the books of the rives hugly.
Factory [Fart willian]
In 1668, the company secured the zamindari, of three adjacent village calcutta,
sutanati, govindpur.[annual revenue of 1195 rupess.] from price Azimush shan,
grandson of Aurangzeb, [ subandar of bengal]
In 1699 calcutta became a presidency [ A collector & president was appointed
to control the entire civil criminal & revenue jurisdiction after one year calcutta
declared presidency]
Mughal judicial System :Zamindars judicial powers = During the palmy days of the mughal empire, the
zamindar of bengal collected land revenue & Maintained law & order within
their Zamindar limiits.
Kazis court, interspersed throughout the country decided civil,criminal cases
there used to be a kazi in each sarkar [district] paragraph,city, large village.
Village panchayat were also quite active [decide cases but except serious
crime]
Appeals to the decisions of the panchayats to the king of sarkar & then for
chief kazi of the subhah.
Judicial system was simple & several the needs of the people.
No much litigation come before kazis because civil cases amongst the hindus
were decided by their elder & Brahmins.
Kazis & courts :- when the mughal administrative structure started
disintegrating & nawals authority weakened in bengal. Then many places this
result extoriton & corruption on a large scale.
Justice was not impartially.
Kazi used to turn right into wrong & injustice into justice.
The judges were pid no salaries [they appropriated fines for petty affence &
one fourth of debts & property received recovered through the at time both
party pay one the guilty by way of fine, the innocent by way of thans giving.
The kazi court did not functional well.[court was corrupt & indifferent manner]
The Zamindar came to administer justice in all cases, civil,criminal & revenue.
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Bhavisha - The Commerce & Law Institu

410 Nandanwan, Aakhaliya Circle, Chopasni Road, Jodhpur (Raj
Contact :0291-2760178,9810060308, 9782408101,
Web www.bhavisha.co.in

Then Nawab courts at murshidabad [but in theory] [not many appils taken].
Nawabs courts [ at murshidabad].
The Darogah adalat at alia who was formerly the the nawab deputy in the
court began to exercise all of the nawabs judicial 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.
Confusion between nawabs deputy & diwan deputy.
The fardar [ police officers] function [ serious crime]
The administration of justice was in very poor shape in Bengal?
Judicial System at calcutta:Collector or zamindar [member of the governors councling]
Method of punishment who whipping
Death sentence was inflicted not by hanging but by whipping to death.
Zamindars court was not confined only to the indian but also for englishman.
governor & council under the authority of the charter of 1661.
A capital sentence was executed only after confermation from the nawab
The collector [who was an executive officer].
After all this, the charter of 1726 was issued & the mayor court was agin
started in calcutta.

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