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Surat :-

Charter of 1600 East india company.

Legislative power :-  The legislative power
power contered on the company
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
power was inadequate in practice for
maintaining discipline amongst its servents while on long voyages.
• issued by owner elizabeth on 2th !an "#$" to captain
 The rst commisions was issued
lancaster for the rst voyage.
• %regory lellington had illed an englishman
englishman near surat.

1661
•  The 'harter of "##" which
which conferred
conferred broad powers on the company
company to
administer !ustice in its settlement has an important bearing on the evolution
of the !udicial system in india.
• (n april ), "##" charles granted a new charter.*
charter.* +udged all person 
• 'harter of "##" e-tended not only to the companys servants but all those who
lived in the company settlement.
• /eatures
/eatures *charter "##" the !udicial power was granted to the governor council
of a factory, which meant the e-ecutive
e-ecutive govt. of the place*ii !ustce was
required to be administred according to the english law.
• "##" a0ected the administration of !ustice in india."#$$*charter1power werewere
restricted.
• (t was applicable be given in only the term of ne & imprisoment or foreture.
•  That are primarily
primarily given to mae
mae arrangments
arrangments for disciplning the company
man.

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

• (t was applicable on english & all those who were living in settlement are.
• 'apital punishment are given.
•  This charter was to create
create !udicial system for the company territary
territary..

". 4s compared to the charter of "#$$, the charter of "##" granted much more
e-tensive !udicial power to the governor and council of a factory.
factory.

2. The purpose of the charter of "#$$ primarily was to mae arrangement for
eeping discipline among the servant of the company.
company. The charter of "##" had
a wide perspective its purpose was to create a !udicial system of the companys
territories
territories passessions.

).'harter "#$$ had stipulated that the laws to be made by the company could not
be contrary to the laws of england *provision of the charter "##" stipulating
english law could not have wors to their advantage.

.

adras !16"#-1$%6&

 The early centres

centres of 5ritish power in india were
were the three
three presidiency
presidiency towns of
madras, 5ombay & calcutta.

• 3adras was the rst presidency town to be established by the 5ritish in india.
•  The !udicial institutions grew
grew in three stages
stages before "62#
"62#
i7 /irst stage "#)8 to "##9 : i74dministrative
i74dministra tive set up
ii7+udicial system
iii7 ;o established procedure
procedure

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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
 The Hamindar came to administer !ustice in all cases, civil,criminal & revenue.
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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.

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