Strictly for Internal Circulation - KCL

ASSIGNMENT - 1
Mayor's Court at Madras

1) Charter of 1687: The company issued a charter in 1687 which provided for the Creation of a
Mayor's Court at Fort S1, George in Madras. The Mayor's court was a part of the Corporation of
Madras established in 1688 by the Company's Charter, the Company preferred to issues a charter
under its own authority rather than that of the crown. It did so as it was aforesaid that persons
appointed under the King's charter may create trouble by violating the Company's orders due to
their appointment by higher authority.

U S
The corporation of Madras consisted of a Mayor, twelve Aldermen and sixty or more Burgesses.
The Mayor and Aldermen were to elect Burgesses. The Mayor and Aldermen were to elect
Burgesses. The Mayor and Aldermen were to elect Burgesses who were not to exceed 120 in
number. The Mayor was elected by Aldermen annually. In the first instance, the charter nominated
the Mayor ad Aldermen of the Corporation.

2) Charter of 1726: In less than twenty years after the united company was established under the act

K
of Queen Anne" its court of Directors represented by petition to George I. that the existing
organisation for the administration of justice, both civil and criminal at Bombay, Madras and
Calcutta were not satisfactory, and it was realised that adequate provision should be made for more
speedy and effectual administration of justice in those places. There upon in the year 1726, the
crown by Letter Patent provided establishment of corporations and the setting up or re-modelling of

M
the Mayors Courts at the above places. The Charter contained important provisions which
inaugurated British System of Courts and administration of justice in India. Fawcett has very
correctly observed: "that it meant authoritative introduction of English law in the presidency Towns
and foreshadowed the parliamentary interference that first took shake in the Regulating Act of

A
1773."

The reasons responsible for bringing the establishment of the Mayor's court are briefly the lack of uniformity
of approach in legislation, the absence of the local legislating authority lack of testamentary Jurisdiction of

K
the Courts in India and the like. For the first time king's courts were established in India. Henceforth, the king
become the Fountain of Justice, the provision of appeal over which could since be made to the Privy
Council.

In two respects, however, the charter continued in the beaten grove. Firstly, Justice continued to be
administered by non-professional Judges and secondly, intimate relations between the executive and the
Judiciary was maintained. Only after 1773, these two deficiencies could be removed.

Establishment of Corporations and Mayor's Court at Presidency Town

The charter provided for the establishment of a corporation in each presidency towns Le. Bombay, Calcutta
and Madras. Each consisted of a Mayor and nine Aldermen, seven of whom with the Mayor were required to
be natural born British subjects and others might be subject of some Princely estates in India. The Mayor
was to hold office for one year only and the aldermen were to continue for life or so long as they removed on
reasonable cause by the governor in council. However, they could appeal against this removal to the king-

67
 Strictly for Internal Circulation - KCL

in-council. The first Mayor and the nine aldermen were appointed by the charter itself. The election of a new
Mayor was held every year by the existing Aldermen and the Mayor. Any vacancy that lay vacant among the
Alderman was filled by Mayor and the rest of the Aldermen. Thefurther provided for the establishment of
Mayor's court in each presidency towns. Mayor and nine Aldermen had to sit as Chief Judge and Judges of
the Mayor's court Mayor or (Senior Aldermen) together with two other Aldermen were required to fulfill the
quorum of the court.

Administration of Civil Justice

The Mayor's Court was declared to be a Court of Record and was empowered to try, hear and determine all
civil suits, actions and pleas between party and party. The Court also exercised a testamentary jurisdiction.
It was empowered to grant probates of wills and administration to the effects of intestates. Only the suits

S
that arose within the town and its subordinate factories could be dealt with by this court. Appeals from its
decisions might be made to the governor and council. In cases involving under 1,000 pagodas, the decision
of the Mayor Court was final: if the sum involved was above that amount, an appeal lay from the Mayor court
to the king-in-council. The process of the court to the kingin council. The process of the court was to be

U
executed by the Sheriff; the junior members of the court were initially nominated but subsequently annually
chosen by the governor in council.

There was no reference in the Charter as to what law the Mayor's court was to apply in deciding the cases, it

K
was merely provided that the decisions would be given according to justice and right. But in Context of the
charter of 1661, it may be said that justice was to be administer in accordance with the principle of English
law.

Administration of Criminal Justice

AM
The Mayor's court had no criminal jurisdiction; it was conferred on the governor and five senior members of
the council. !hey constituted a court of Over. Terminer and Goal delivery and were authorised and required
to hold quarter sessions for the trial of all offences excepting high treason. It meant that trials could be under
taken at least four times a year by the concerned Court. The charter of George I recited that the criminal
trials were to be conducted in the same or like manner and from as near as the conditions and
circumstances of the place and inhabitants will admit of as any of our justice of the peace or commissioners
of 0 year, terminer and Goal Delivery do or may proceed by virtue of any commission by us granted for that

K
purpose."

Working of Mayor Courts-conflicts between the Government and the Mayor Courts

The period between 1726 and 1753 happened to be period of conflicts and disputes the independent
attitude of Mayor's Court at the presidency towns proved to be unpleasant to the company. The ridges of the
Mayor's courts asserted themselves in the cases tried by them Executive interference of the company was
not liked by the jUdges, because they thought that they were directly authorised by the crown. There were
cases where the government of a presidency directed the Mayor's court to act in particular direction and the
later paid no attention.

Mayor's Court Subordinate to Executive

Another significant change was placing the Mayor's Court in a subordinate position to the government. This
was done by a modification in the system of appointment of the Mayor and Aldermen. Under the new

68
 Strictly for Internal Circulation - KCL

character the executive was empowered:-

a) To make a choice of the Mayor Out of a panel of two names submitted to the corporation every year
to be elected by the Mayor and Aldermen, and

b) To appoint all the aldermen, and to dismiss them. The obvious result was the Mayor's Court lost the
previous grace of independency and became sub-servant to the government in Council.

End of the Mayor's Courts

There were three courts in each presidency town after the grant of the charter of 1753. Firstly, the court of
requests which decided Minor civil cases. Secondly, the Mayor's court which exercised civil jurisdiction in

S
the cases of values of more than five pagodas, Thirdly, the courts of the governor and council which
exercised criminal and appellate jurisdiction. The Mayor's Court at Calcutta was superseded by the
Supreme Court created under the Regulating Act of 1773.

Introduction

KU ASSIGNMENT-2

RAJA NAND KUMAR CASE

Km. Ranjana tiwari

The case of Nand Kumar stands in a class by itself. It brings out the conflict between Warren Hastings and

M
the majority in the council and b/w the court and the majority. Nand Kumar was the protege of the majority in
the council and his trial before the Supreme Court thus became in a way a trial of strength between the court
and the majority. This case illustrates forcefully the anomalous character of the first impact of the English
Law on the Indians and depicts what kind of difficulties arise when a foreign system of law is transplanted

A
suddenly in a society and is enforced with all its regions.

The Supreme Court of Calcutta though established by the charter of 1774 by King George III with the
avowed object of protecting the Indians against the oppressive activities of flue servants of the company

K
was not however an unauthorised blessing to those Judicious who came within its preview. The Court's
Constitution, jurisdiction, rehears law and language were all foreign and unknown to the Judicious and
were completely out of harmony with their customs and traditions. All these aspects of the matter are
dramatically brought out by the Nand Kumar case.

With the insistence of judges on the independence of judiciary, in spite of interference of the council, began
a new era in the administration of justice in India the trial gained great historical importance as it forever an
integral part of the change on which Warren Hastings and Jupey were imp reached by the House of
Common after their return to tough.

Fact of The Case

A few months later Nand Kumar was arrested with Fourkes and Radhacharan for Conspiracy at the
instance of the governor general and Barwell. The Supreme Court in this case delivered its judgment in
1775, Fawke was fined but judgment was reserved against Nand Kumar on grounds of the forgery case.

69
 Strictly for Internal Circulation - KCL

The charge of forgery against Nand Kumar, which case before the Supreme Court in May 1775 was with
respect to a bond or a deed claimed as an acknowledgement of debt from Bulaki Das the Banker, which it
said was executed by him in 1765. Mohan Prasad brought a case of forgery before the Justices of Peace for
the town of Calcutta. The magistrate in the capacity of the Justice of Peace being satisfied with the evidence
of the prosecution witness ordered the Sheriff at Calcutta to keep Nand Kumar in safe custody until he
should be discharged in the due course of law.

On 7th May Mohan Prasad gave a bond to prosecutor Nand Kumar in the Supreme Court. On the basis of it
the trial began before the Chief Justice, Elijah Jupey and three officer Pursue judges Robest Chambers,
John Hydge and Le Maistre along with a twelve member jury of which two ere Eurasians and the west were
Eurogenas Durchan was engaged as the counsel for Mohan Prasad and Alexander" Ellios as the
interpreter of the court.

S
Thomas Farrer was appointed as the defence counsel for Raja Nand Kumar. Two trail continued for a
period of eight days without any adjournment. On 1st June 1775 Chief Justice Jupey secured up the whole
case. The judges gave the maniocs verdict of "guilty" and the jury also declared their verdict "guilty".
Rejecting all defence the chief justice passed the sentence of death on Nand Kumar case under an Act of

U
British Parliament, which was passed in 1729.

The defence Council decided to take an appeal; to the king council and petitioned the court to stay the
execution of the sentence so long as the council decision was not known. The court rejected the . petition

K
efforts ware also made to seek the assistance of the members of the council but all efforts proved in vain.
Raja Nand Kumar was thus hanged on 5th Aug. 1775 at the Cooly Bazar near Fort William.

Trial of Nand Kumar: A Judicial Murder

M
Many English historians expressed the view that Nand Kumar was trial and executed by Impey at the
instance of flashings, "Men will never agree". P.E. Roberto writes" as to the meaning of this somewhat
mysterious sequence of events for the key to them lies in the ambiguous and doubtful region of secret
motives and desires. The incident created an extraordinary impression and it was naturally believed for

A
longtime that Nand Kumar had the penalty of death nominally for forgery but really for having alleged that
Hastings first tried to ruin Nand Kumar on a conspiracy charge but after realizing that it did not implicate.
Nand Kumar on a conspiracy charge but after realizing the directly, he got him capitally indicated on a
charge of forgery preferred ostensibly by Mohan Prasad.

K
Nand Kumar's trial has always been looked upon with suspicion. Macualay, Mill and a host of other
historians have accused Chief justice Impey of committing a judicial murder. It has been suggested that
Nand Kumar was tried ostensibly for forgery but really for his daring to bring charges of corruption against.

The governor general Impey was a good friend of Warren Hastings. It has therefore been suggested that
Warren Hastings conspired with Impey to put Nand Kumar out of Hastings way and thus served a willing
tool to gratify the governor general. Two of the strongest circumstances against Impey were his friendship
with Hasting sand the commencement of Nand Kumar's trial within a few days of his discussing the
governor general. Then the way the trial was conducted also raised strong doubts about the court's
impartiality and bonafieds.

Nand Kumar had presented a petition to the council of the following effect which was translated into English
after his execution and is cited by Stephen.

70
 Strictly for Internal Circulation - KCL

"For the find to representing at this time a just fact which for the interest of the king and the relief of the
people in a small degree made known, Many English gentleman have become my enemies and having no
other means to conceal their own action, deeming of destruction of the outmost expediency for themselves
revived an old affair of Mohan Prasad's which had formerly been repeatedly found to be false; and the
governor knowing Mohan Prasad to be a notorious liar turned him out of his house and themselves
becoming his aiders and abettors and Lord Impey and other Justice have tried me by the English laws,
which are contrary to the customs of this country, in which there was never any such administration of
justice before, and taking the evidence of my enemies in proof of my crime, have condemned me to death.
But be my death the King's justice will let the actions of no person remain concealed; and now that the hour
of death approaches & shall not for the sake of this world be regardless of the next, but represent the
gentlemen of the council. The forgery of the band of which I am accused never proceeded from me. If I am
unjustly out to death, I will with my family demand justice in the next life. They put me to death out of enmity

S
and from partiality to the gentleman who have betrayed their trust and in this case the thread of life being
cut. I in my last moment a gain request that you gentlemen will write my case particularly to the just King of
England."

U
But the prayer was unheard and respite not granted by the council. According to board Macaulay, "Impey
acted unjustly in refusing respite to Nand Kumar; Hastings, three or four years later, described Imply as the
man to whose support he was at one time indebted for the safety of his fortune, honors and reputation.

K
These words may safely be taken to refer to Impey's assistance in Nand Kumar's trial, "No Indian after Nand
Kumar was executed for the crime of forgery and in 1802 the chief Justice expressly admitted that it was not
capital."

Beveridge points out that the judges; jury and the counsels were all foreigners all unacquainted with the

M
language of the witnesses and Nand Kumar himself. The innterpreter through whom the trial was
conducted was not very proficient in the Bengali language. Moreover the points out that the defence
counsel was not a barrister and so depended on the Chief Justice for his position and thus could not take an
independent; one test Impey should feel of fended. Beveridge definitely asserts that there is a strong

A
circumstantial evidence that Hastings was the real prosecutor. The trial was unfairly conducted; the judges'
examination of the witnesses was inquisitorial and minute and the chief Justice hanged Nand Kumar in
order to serve a political purpose when the forgery was not conclusively proved "'Beverage expresses his
resentment in the vigorous words "what I and every honest man who knows the facts blame Impey for, is

K
that he allowed himself to be prejudiced by his partiality for Hastings and his haltered of the majority and that
be hanged Nand Kumar in order the regulators in general and his friends and pattern Warren Hastings in
particular weight be safe."

However, contrary to all the above views Stephen, who had made a detailed study of Nand Kumar's trial,
justified the conduct of both Jumpey and Warren Hastings. He states Mohan Prasad was the real Sub-
spatial prosecutor of Nand Kumar and that Hastings had nothing to do with the prosecution and that there
was not any conspiracy or understanding between Hasting and Jupey in elevation to Nand Kumar or
intercalation to his trial or execution.' He supports his views by saying that the trial was held by four judges
and 12 everymen all of whom could not have been in conspiracy against Nand Kumar. Dr. B.N. Pandey has
taken views similar to those of Stephone's and has supported Zupey's decision by which the English Act of
1928 was extended to India.
Opinion are thus varied as to the nature of the trial, Macualay Mill Beveridge, Robert have condemned the
trial as a mankey of law whereas Stephens and Dr. B.N. Pandey have found the trial to be not anxious.

71
 Strictly for Internal Circulation - KCL

Finally, P.E. Roberts is of the opinion that "Evreux hotel it established that there was no judicial murder,
Hence was certainly something equivalent tp miscarriage of Justice. For that, however the Supreme Court
in the first instance. Hastings operetta on the council subsequently, were mainly responsible.' Thu is has
been nightly called as a "judicial murder".

ASSIGNMENT – 3
Vishesh Verma

Judicial Administration of Madras

S
After getting encouraging results from Gujarat (Surat) Britishers were looking for new places for trading
purposes that in the race Madras was their second place.

U
The local Raja a Hindu chief gave the site to Fransis day in 1639 where he got a constructed factory
(fortified factory-later called Fort Snt. George). The local king also gave them adjacent areas to the fort
called Modraspattam to govern the Britishers and Europeans who were residing in the people area were
called White town and the people residing in the Madraspattnam were called Black towns and the whole

K
settlement of White town and Black town was called Madras. Let us discuss now the judicial administration
of Madras which was builder into 3 stages:

1. 1639 -1665
2. 1665 - 1683

M
3. 1683 - 1726

First Stage (1639-1665)

As we know the two town i.e. White town and black town were occupied by Europeans and Indian

A
respectively.

White Town
In the white town the judicial administration was administered by an agent and council who had not proper

K
legal knowledge and gave judgment by their commonsense and wisdom and sometimes the cases were
referred to England also both in civil and criminal cases.

White Town
Madras become the presidency in 1665 and before that its judicial administration was carried out by an
agent and council in peltry civil and criminal cases while the serious criminal cases were referred to U.K.

Black Town
Old traditional system of Adigar (village head) and his council in the Choudhary Court was Continued for the
pelty civil and criminal cases serious offences were punished by the English law by the native king A
dishonest Adigar named Knappa was dismissed and two company servents captain Martin and John were
appointed to sit as judges.

Defects
Agents and his council were simple merchants and hot lawyers, who had not even the elementary

72
 Strictly for Internal Circulation - KCL

knowledge of law.

There was no separation between the judiciary and the executive.

There was no fixed process for the trial of cases and the procedures different from case to case.

Second Stage (1665 - 1683)

The second stage was definitely an improvement over the 1st stage because more powers were granted to
the company. Madras became a presidency and the status of agent and council rose to the government and
council.

White Town

S
The court of governor and council was called high court of judicature, and decided all civil and criminal
cases with the help the Choudary Court. It was to divide cases according to the English law and met twice a
week. S. Master was appointed as the governor of Madras in 1678. As we known the II stage was an
advance over I state but still no machinery existed for dealing with serious offences. One Mr Ascentea

U
Daws wounded an Indian Slame Girl Francisco and Dawas was changed of capital crime. She was found
not guilty.

Black Town

K
There was improvement in the administration of Black town also as compared to 1st stage. The number of
judges incased from 2 to 3 and of them 2 had had to set in the court twice a week. They hear petty civil and
criminal cases upto 50 pagado and the high court if judicature was authorised to hear cases from the
country court one important feature of second stage was the Charter Act 1683 by King Charles II because
many independent traders was involved in illegal trading interest. So in order to curb illegal activities court

M
of admiralty was set up in which learned people of law were appointed to preside over the court very first
time in the legal history of India. The admiralty Court was set up on July 10th 17686 in the III stage.

Merits of II Stage

A
Regular meetings of the court started. Both high Court of judicature and Choultry court were to meet twice a
week.

-Jurisdiction of both high court of jUdicature and Choultry court was well defined. Demerits of the II Stage

K
Demerits of the II Stage
The judges of the high court of judicature and Choulty Court were not qualified lawyers but were simple
Common men who did not have even the elementary knowledge of English law and the would give
judgment according to their commonsense. There was no separation between the judiciary and the
executive. The governor and council constituted both the judicial and executive authority.

The serious criminal cases of the company were referred to England which was very time consumer. In a
case of 31st Jan. 1678 an Englishmen was kept behind the bars for 31 months on the murder changes
without trial because his case was referred to U.K. Although the Governor and council had the power by the
Charter of 1661 to award punishment for much they had no legal knowledge. That is why they referred the
case to U. K.

Third Stage (1686-1726)

Court of Admiralty

73
 Strictly for Internal Circulation - KCL

During this period two important courts the court of admiralty and the Mayor Court were established under
the British Council Charters of 1683 and 1986. The Mayor's Court was established under the charter of
1687 issued by the company, hot by the British crown.

The need of establishing the court of admiralty was felt on account of the following reasons.
a. under the charter of 1600 the East India Co., was conferred an exclusive trading right in East
Indies including, India, Asia and Africa and no British subject was permitted to carry on trade
in these area including a license from the company. The right of the company was being
infringed by other British traders on account of it the need of the court having jurisdiction to
punish such traders was felt.

b. The crime of piracy (i.e. sea dacoity) on the high seas was on increase. To deal with it the

S
need of a court having jurisdiction to hear and decide the case of piracy was felt.

Court of Admiralty was to hear and decides all mercantile and maritime cases conceding persons within the

U
charter limits of the company. It was also to hear and decide all cases of forfeiture of ships, piracy, trespass,
injuries and wrongs. It was to decide cases according to the values of equity etc.

The provision of the charter of 1683 were repeated by the British crown in another charter granted in April,

K
1686. The charter of 1686, however modified the provisions of the charter 1683 regarding the charter of
admiralty to some intent. The judicial administration in 1687 may be punished for the following good
features:-

The separation between executive and the judiciary was maintained. The governor and council had

M
executive powers only they had not judicial power only they had no judicial power. The judicial power was
exercised by the council of admiralty.

Before the establishment of the court of admiralty the judges were laymen. As a result, they used to decide

A
cases according to their wisdom of commonsense. But after they establishment of the court of admiralty,
the administrational justice came in the hands of professional lawyers.

K
and Judicial Institution in Bombay before 1726
ASSIGNMENT-4

Judicial Administration and Development of Courts

Samksh Sharma

The Island of Bombay was acquired by the Portuguese from the king of Gujarat in 1534. In 1661 this Island
was transferred by the Portuguese king to the British Crown as a dowry on the marriage of her sister. In
1668 the British crown transferred this. Island to the East India Company for annual sent of $ 10. The British
Crown transferred the Island of Bombay to the East India Company by granting a new charter, known as the
charter of 1668.

The Charter empowered the Company to make laws and Ordinances for the good government of the Island
of Bombay and the inhabitants thereof and also to impose punishments Concluding death), penalties etc

74
 Strictly for Internal Circulation - KCL

for the observation of the aforesaid laws.

The administration of justice and development of courts and judicial institution in Bombay before 1726 may
be studied in the following stages:
(1) First Stage
(2) Second Stage
(3) Third Stage

1. First Stage: 1670 - 1683

At an early stage Bombay was under the control of the Surat Presidency. The Governor of the Surat
factory was ex-officio Governor of Bombay. Gerald Aungein was the governor of the Surat Presidency

S
and he was ex-officio Governor of Bombay also. He was much more interested in introducing a sound
judicial system in Bombay. Due to his efforts, the judicial plans of 1670 & 1672 could be made to
improve the judicial system in Bombay.

U
Judicial Plan of 1670

According to the judicial plan of 1670, the whole Island of Bombay was divided into two divisions One
division consisted of Bombay, Mazagaon & Girgaon, while the other division consisted of Mahim, Parel,

K
Soin & Worly.

A separate court was established for each division. Each court consisted of 5 judges. The court was
empowered to decide cases of small thefts & civil actions.

M
Defects

a) The lawyers & judges were the simple laymen there for own common sense & sense of justice & not
according to the English law.

A
b) There was no separation b/w the executive & the judiciary.

JUDICIAL PLAN OF 1672

K
Under the Judicial Plan of 1672 the whole judicial system in Bombay was emerging. A new court was
estblished which known as the Court of judiciature. The Court of Judicatire was empowered to hear and
decide all civil & criminal, probate & testamentary cases. The court was to sit once a week to try civil cases
for the 'purpoise of administration of criminal justice, under this plans, Bombay was divided into division:
Bombay, Mahim, Sion & Mazagaon.

Merits
(a) Under the plan regular courts were established with well defined jurisdiction.
(b) The civil cases were to be decided by the court of Judicature with the help of jury.
(c) The administration of justice was inexpensive. -
(d) The laws and procedures to be followed by the courts were settled. It was made clear that
these courts would follow the English procedural law as far as possible.

75
NOTES
NOTES