Vd Kulshreshtha PDF Free Download

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V. D. Kulshreshtha’s Landmarks in Indian Legal and Constitutional History Book by Sudeep Malik PDF Free Download.

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V. D. Kulshreshtha’s Landmarks In Indian Legal And Constitutional History Sudeep Malik Reviews

But Secretly Harboured The ‘chiefs Of Dacoits Whom They Screened From The Punishment Of Law.”” \ F

(,h) Reforms Of Warren Hastings —in 1781, Tjovemor- General Warren Hastings Introduced Certain Changes To Improve The Administration Of Criminal Justice. The Old Policy Of Non Inter- Ference In The Criminal Justice Was Thuj Changed Warren Hastings First Of Alt Empowered The Judges Of The Mofussi! Diwam Adalats Also To Act As Magistrates In Their Respective Jurisdiction They Were Authorised To Arrest All Those Persons Who Were Suspected To Have Committed Crimes They Exercised A Sort Of Police Powers. Their Duty Was To Commit Criminals Immediately On Their Own Apprehension To The Nearest Mofusstl Faujdari Adalat And Submit Written Charges On The Basis Of Which They Were Arrested

A Separate Department Was Established At Calcutta To Control And Supervise The Working Of The Faujdari Adalats These Adalats Were Required To Submit Their Monthly Reports, Return Of Proceed- Ings, Detailj Of Charges, Lists Of Persons Arrested And Sent For Trial By The Magistrates To The Adalats Similarly, Reports Were Also Sent To This Department By The Sadar Niaamat Adalat A Cove- Nanted Servant Of The Company, Who Presided Over The Department, Was Designated As The Remembrancer Of The Criminal Courts. He Was Directly Under The Governor-general For All Informa- Tion And Necessary Action The Remembrancer Mainly Depended On The Information Supplied By The Criminal Courts By This Process, In The Beginning, Many Irregularities Came To Light Which Were Commuted In The Criminal Courts

The Faujdari Adalats Were Further Reduced By Warren Hastings From Twenty-three To Eighteen” In July 1782 With A View To Reduce The Administrative Expenses ** In 1785, The Magistrates

62. B B. Misra. Jujuuil Administration Ef Tin East India Compaq In Bnial. P 32 1 .see, From Mahomed Reza Khan To The Governor-geoeral. It, December 1776, Calendar Of Psrsum Ccnip°nj<nt<, Vol V, No 422

Darbhanga, Launya And P»tna 64 See, Flams Miscillantous Strut, Vot 553, Pp 295-323

Indian Legal And Constitutional History

5

The Regulating Act

A Thx Rscuiatina Act 1 Circumstances Before The Act Of 1773

(I) Relationship Of The British Parliament And The Company —one Of The Major Problems Before The British Parlia- Ment Tvaa To Determine Its Relationship With The Company 1 Earlier, The Company Was Mainly Concerned With Trade And Commerce To India But Its Subsequent Political Involvements And Terntonal Gams Created A New Situation An Established Pnnoiple 01 Hng’^h Constitutional Law Was That No Subject Could Acquire Territories Except For The Sovereign As Early As 1759, Lord Clive, In His Letter To Pitt, Suggested That The Crown Should Take Over The Territories Which Were In The Possession Of The Company At This Jtage, Parliament Took No Step As There Were Three Points Of View Before It For Consideration From The Subsequent Proceedings It Appears That Parliament Was Gradually Assisting The British Government To Take A Final Decision In This Respect

Out Of The Three Points Of View, Which Were Before Parlia- Ment 1 For Consideration, First Was, That The Company’s Privileges And Powers Must Remain Untouched The Proposal Was Not Acceptable To The Majority In Parliament And The Far Sighted Servants Of The Company The Second View Was That The Crown Should Take Over Full Sovereignty Of The Company’s Territorial Possessions M India It Was Considered A Very Complicated View As Jt Involved Very Vital Legal And Political Questions, Which The Then British Government Was Neither Willing To Disclose Nor To Discuss Both These Proposals Suggested Extreme Steps Which The British Government Tried To Avoid Pitt Considered That It Was Not Only A Constitutional Matter But It Involved A Major Policy Decision Also The Thud View Was That The Crown May Take Over

There Were Increasing Political Demands In England That The Government Should Take Over The Company S Possessions In India Because Of Shifting Alignments In British Politics This Was Not Done The Reports Of Che Two Parliamentary Committees— Select Committee And Secret Committee- Drove Home The Conviction That The Independence Of The Company Must Yield To The Supremacy Of British Parliament Holdsworlh A History Of English La*/ Vol Xi P 162

[ 109 J

V D Kulshreshtha’s

Landmarks In

Indian Legal And Constitutional History

Revised By

Vija.y Malik

B A , Ll.b.

Foreword By

Hon’bte Mr. Justice J C Shah

Judlt Svprrmt Court Of Mia

C

Eastern Book Company Law Publishers And Booksellers 34 Lalbagh. Lucknow 226 001

Sutrehte Court Of Bombay

155

By Letters Patent Issued On 26th December, 1800, Abolished The Recorder’s Court And Established The Supreme Court At Madras, 19 Which Came Into Being On 4th September, 1801 The Powers Of The Recorder’s Court Were Transferred To The Supreme Court And It Was Also Directed To Exercise Similar Jurisdiction And To Be Subject To The Same Restrictions As The Supreme Court Of Judicature At Calcutta Sir Thomas Strange, Who Was Already Working As The Recorder, Was Appointed Chief Justice Of The Supreme Court And The Two Other Puisne Judges Were Henry Gwillim And Benjamin Sullivan The Supreme Court Continued Its Functioning At Madras Till The High Court Of Judicature Was Established In Its Place By The Indian High Courts Act 1861 41

Ml) Supreme Court At Bombay —the Recorder’s Court Continued To Function In Bombay Up To 1823 When By An Act” Of The British Parliament The Crown Was Authorised To Abolish The Recorder’s Court And In Its Place To Establish A Supreme Court At Bombay 41 The Crown’s Charter Establishing The Supreme Court Was Issued On 8th December, I823 And The Supreme Court Was Formally Inaugurated On 8th May, 1824 It Consisted Of A Cluef Justice Sir E West And Two Other Puisne Judges Who Were Sir Charles Chambers And Sir Ralph Rice

The Supreme Court At Bombay Was Invested With Full Power, And Authority A. War Demised By The Supreme Court Ofjudua

Ture At Calcutta Lubject To One Exception By Section So Of Lb Charter, The Supreme Court At Bombay War Prohibited From Interfering In Any Matter Concerning Revenue Wlthi” The

Town Of Bombay’ Native, Were Also ^pt,6 Iron, ,pp^me Before The Supreme Courts At Madras And Bombay _ “j™ >■“ Circumstances Compelled Their Appearance Rn The Same Manner As

Of The Charter Act Or 1813 Which Authorised The Supreme Court, “.hi Orels Jurisd.cuon Wa. Limited

To British Subjects

«) Vcgakamo A Am R,.wri«r A H.wafrt E

« Sr2.ld» High Court, Art .861

Tor Fc, Hto?,'” 1 * 2»nssri“”«« ■»! The Ou

Csfablishnienl The <«0«k H Jurisdiction And The Powers

Ssrasss’ss S’si< T= .sr «» >«. A,™

History Of Bombay During British Period Pp 2 U

First Edition 1 950 Second Edition Reprinted I960

Reprinted 1972

Third Edition 1975 Fourth Edition 1977

Price 20 00

Alto Available At

Caiiem Book Company (Sale*) Kaihmere Gale, Delhi-f>

©

Manav Lav* Home Block B, Flat 2 Haiungi Road Lctontiod Allahabad

© Eastern Book Co Lalbach, Lucknow (India) Published B\ Eastern Book Co , 34, Lalbach, Lucknow Ash Printed At Naaz Offset Works, Dfun

Vi} Judicial Rtrorms Of Cornwallis 161)

Revenue And From The Board Of Revenue To The Covunor-general- Tn-coundl.

(Li) Heorganitation Of Civil Courts —cornwallis Reorga- Nised The Evil Courts And Appointed Twenty Eight Judges M The Districts, And Further Strengthened The Four Courts Of Circuit, Which Now Also Bccai Le Civil Courts Of Appeal The Four Courts Of Circuit Were Called Provincial Courts Of Appeal Having Headquarters At Patna, Dacca, Calcutta And Murshidabad Ea^h Of Them Was To Be Presided Over By Three Covenanted Servants Of The Company These Courts Were Empowered To Hear Appeals From The District Diwani Adalats In Cases Involving Sums Less Than Rs 1,000, Their Decision Was Final Where The Amount Exceeded Rs 1,000, A Second Appeal %\as Allowed To The Sadar Diwani Adalat If The Valuation Of The Suit Was £ 5,000 Or More, A Furthei Appeal Was Allowed To The King-in-counul

Steps Were Also Taken To Establish Subordinate Civil Courts To Decide Minor Cases In Each District Sadar Amins And Commis Sioners Were Appointed To Decide Cases Up To Rs 50 Subsequently, They Were Known As Munsifft The Munwffj Were Selected Out Of The Landholders, Or Their Agents Who Were Expected To Do The Job Honoranly And Were Getting Some Commission On The Sum Involved In The Litigation Indians Were Allowed To Be Munsiffs The Subordinate Judiciary Received Orders From The Sadar Diwani Adalat It Was Created In Order To Save Time And Expenditure Of The Parties And Also To Impart Speedy Administration Of Justice

Regulation Xiii Provided For The Establbhmtru Oj The Regis Trur’s Court To Try Suits Up To Rs 200 Ui Each Distiict It ,

Compulsory That The Registrar’s Decisions Should Be Countersy&ncd By A Judge Of The District Diwani Adalat And Were Also Made Subject To Revision By The Judge

(Iit) Native Law Officers —it Was Piovided That The Personal Law. Of Hindus And Mohammedans Will Bn Applied In Casts Relating To Marriage, Inheritance, Caste, Rcl.g.ous Usages And Institution, 1 Lie Native Law Ollicet, Were, Therefore, Amhorued To Assist All The Coon, By Expounding The Hindu Uj Me Dan Law As The Cases N Quired Regulation Xi Sp Y P That All Native Law Officers Belonging To Various Courts Will Be Appointed By The Governor Gen Eral-rn Council

Iv) C— . –•*- Z Srzlsttjrs,

Sctorstm All Otbe, Ex^ut.ve Officers »ahe^o™ntn«tt W.llbe ■f «> <»« Hurt’s Vilb.n Of

Foreword

Mr Kulshreshtha Has Done Well M Presenting M The Form Of An Essay The Constitutional Developments In India During The British Period, With A Brief Reference To The Judicial Systems In Ancient And Medieval Periods To The Practising Lawyer As Well As The Acade Mician The Subject Is Of Great Interest A History Of The Develop Ment Of Administrative And Judicial Institutions Since The Setting Up By The East India Company Of Its Settlements In The East,

The South And The West Coast Early M The Seventeenth Century Till 1950 When The Authority Of The British Rule Finally Ended Is A Fascinating Study Of The Evolutionary Process By Which The People Of India Reached Unity With The Rule Of Law As Their Guiding Force And Achiev- Ed A Modern Administrative Mechanism, A System Of Parliamentary Democracy And A Judicial Syjtem Independent Of Executive Interfer- Ence

Mr Kuhhreshtha Has Presented M A Readable Form The Various Landmarks In The Indian Development — Legal As Well As Constitu- Tional I Hope The Book Will Be Useful To The Students For Whom It U Primarily Meant And To The Busy Lawyer As A Reference Book.