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TIRUCHIRAPPALLI
8. Patna Case
Ans.: important landmark in legal history of India Shabaz Beg Kan Afghan military
adventurer came from Kabul married Naderah begum settled in Patna in 1776 died
at Patna without leaving ay male or female left behind large sum of money, valuables and
property ..
Pitts India Act provided for a body of six commissioners popularly recognized
as the Board of Control.
o It consisted of one Secretary of State,
o the Chancellor of the Exchequer and
o four Privy Councillors appointed through the king and holding office
throughout his pleasure.
Answer any FIVE of the following question in 60 words each: 5x1=5
13. Examine the works of F.W. Maitland towards the Legal History.
Pleas of the Crown for the County of Gloucester, 1884 - History of English Law before the
Time of Edward I, with Sir F.Pollock, originally published in 1895, - Township and Borough,
Cambridge, 1898 - Roman Canon Law in the Church of England - Six Essays, 1898 -
Political Theories of the Middle Ages, - Equity also The Forms of Action at Common Law;
Two Courses of Lectures, Cambridge, 1909 - The Collected Papers of Frederic William
Maitland, ed. H.A.L.Fisher, Cambridge, 1911, - The Constitutional History of England,
Cambridge, 1919
14. Point out Merits and Demerits of the Regulating Act of 1773.
Ans.: Merits: Estd. S C at Calcutta All new regulations to be passed majority votes
Demerits: Conflict between Gov. Gen. and Councillors Undefined position of the
Company Conflict between judiciary and executive / companys court and S C / Council
and S C
15. Rama Kamati (Gomati) case- the dark justice at Bombay. Comment.
Ans.: In Bombay Governor Boone hand-in-golve with court in convicting and
imprisoning Rama Kamati an erstwhile friend of company on purely circumstantial
evidence In fact Kamatis servant was tortured to give evidence against his master who
was allegedly in league with KanhojiAngre, a Maratha naval chief who was a threat to the
English Boone managed to get a large amount of money from Rama Kamatis property
and it was only after latters death in prison that his innocence proved.
16. Distinguish The Madras Charter of 1687 and The Charter of 1726.
Ans.: Charter 1687 applied to Madras only 1726 Charter applied to all Presidency Towns
Mayors Court established- 1687 companys Court Three Mayors court established
1726 were Royal Courts created by Kings Charter of 1726
Old Mayors Court at Madras empowered to exercise its jurisdiction over all civil and
criminal matters and appeal allowed to the Admiralty Court Mayors
Court established 1726 entrusted civil jurisdiction only appeal allowed to
Governor-in-Council
No specific rules of law and procedure laid down under Charter 1687 Well defined
procedure based on English Law and practice created Charter 1726.
1687 some Indians were authorised to sit as Judges together with English Aldermen 1726
practically negligible
19. a) Trace the contributions of Henry Maine towards the Legal History.
Ans.:Maine explained that the growth of law took place gradually in various stages
under a static society in the following sequence:
i. Divine law (law of God Judgments of the Goddess of justice)
ii. Custom- Priestly class as sole repository of customary law
iii. Era of codification
Henry Maine described the legal system of ancient India "as an apparatus of cruel
absurdities (silliness)" - He classified Indian Society and its legal system as Static
Maine taught on Roman Law, the basic of his teaching he authored a book Ancient
Law: Its Connection with the Early history of Society, and its Relation to Modern
Ideas (1861)
His study helped to place comparative jurisprudence on a sound historical footing
A member of the council of the Governor General of India (1863-69) - was largely
responsible for the codification of Indian Law
Maine compared Eastern and western Ideas, finding common threads in the
development of Society
Maine introduced that societies moved from being bound by social status in their
relationship to independent individual who were free to make contracts with other
individual
His Village Communities in the east and the West(1871): Early History of
Institutions (1875): Early Law and Custom (1883) compared those two systems of
thought finding numerous similar points
OR
b) Narrate the evolution of Law in China.
China has the oldest continuously operating legal system in the world
Earliest Law
Xia Dynasty emperors Fuxi (2853-2738 BC) bronze inscriptions is oldest
reference related to legal concept of Chinese - Dynasties came and went, the states
warred against each other. At one point, china had some 1,000 different political
units known as state - The earliest known Chinese legal document set of
instructions by King Wu (1100 Bc) known as Kang Goa
Book of Punishments (536 BC) - Nature of Ancient Chinese Law-
20. a) Trial of Raja Nand Kumar (1775) the judicial murder. Elucidate.
Ans.: Trial first decisive event early stage of growing bitterness between S C
and Council Trial gained great historical importance.
Events before trial: Raja Nand Kumar Governor of Hugli under NawabSiraj
nick named Black Colonel gave complaints against Warren Hastings to Francis
Francil presented before the Council Nand Kumar stated 1772 Warren Hastings
accepted from him as bribe sum of Rs. 1,04,105 for appointing Gurudas as Diwan
from MunniBegamRs. 2,50,000 for appointing her guardian of infant Nawab
Mubarak-ud-daulah
Facts of case: Nand Kumar arrested with Fawkes and Radhachandran for
conspiracy Warren Hastings and Barwell his favourite member of Council
declared intention before judges of S C to prosecute Nand Kumar, the Fawkes
and Radhachandran.
Questions raise in Trial Peculiar features of trial Critical Analysis
OR
b) Describe the Judicial Reforms of William Bentinck (1828).
Abolition of Circuit Courts Powers of Sadr Ameens, dt. And city judges
increased Establishment of Sadr NizamatAdalat and Sadr DiwaniAdalat at
Allahabad Sati declared an offence Indians appointed judicial officers
Abolition of Provincial courts.