History

 Bhavisha - The Commerce & Law Institu 410–Nandanwan,Aakhal i yaCi r cl e,ChopasniRoad,Jodhpur( Raj Contact: 02912760178, 9810060308,9782408101, Web–www. bhavi sha. co. i n

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.  The rst commisions was issued issued by owner elizabeth on 2th !an "#$" to captain 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 were were 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 WITH BEST WISHES BHAVISHA BHAVISHA INSTITUTE

# 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. * 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.

WITH BEST WISHES BHAVISHA INSTITUTE