British Judiciary Case Study

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Chapter: 1- Introduction: Establishment of Judiciary

It was the time of 1497 when Vasco da Gama, a Portuguese, came to India. He was the first European to enter Indian Territory. Watching India’s wealth he was mesmerized. On his second tour he brought a lot of people along and Portuguese started trading in India. After them came the Dutch, the French and lastly the British. All these powers came to India with the purpose of trade as it had a vast variety of spices, handicraft, etc. With the coming of British in India almost all other powers became weak. British dominated all of them with their strategies and methods of trading and slowly started trading in almost all
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The British judges depended on such text ad also on precedents from their own courts. Outside these areas the British judges were free to decide a case on “good conscience, equity and justice”, a principle under which almost all the cases were decided under English law. Slowly all these laws were codified separately like procedural laws, criminal laws, personal …show more content…
The Letters of Patent was issued on 26 March 1774 to establish the Supreme Court of Judicature in Calcutta, as a Court of Record, with full authority &power to hear and determine all complaints for any crimes and also to hear, determine and entertain any suits or actions against any of His Majesty’s subjects in Orissa, Bengal and Bihar. The Supreme Courts at Bombay and Madras was established by King George – III on 26 December 1800 and on 8December 1823 respectively. The India High Courts Act 1861 was enacted to create High Courts for various provinces and abolished Supreme Courts in Madras, Calcutta and Bombay and also the Sadar Adalats in the Presidency towns. These High Courts had the merit of being the highest Courts for all cases till the creation of a Federal Court of India under the Government of India Act 1935. The Federal Court had jurisdiction to solve disputes between provinces and federal states and hear appeal against Judgments from High Courts. After India attained independence in 1947, the Constitution of India came into being on 26 January 1950. The Supreme Court of India also came into existence

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