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RAYAT SHIKSHAN SANSTHA’S

Ismailsaheb mulla law college, satara.

Legal historyTopic name-presidency town of BombayPresented by:-Akshata Gujar Jay patel Guideline by:- prof. Yogesh kolekar.

EARLY ADMINISTRATION OF JUSTICE OF BOMBAY

Introduction

First stage(1668-1690) establishment of judicial system.

Second stage(1684-1690) establishment of admiralty system.

Third stage (1708-1726) appointment of

Indian judges

Introduction

The portugese were 1st Europen nation to acquire the island of bombay is 1534 from king of Gujarat. In 1661 the island was transferred by portuges king to british crown as a dowry on marriage of his sister Catherine finding it uneconomic to givern this territary from England charter II transferred it to E.I.C in 1688 for an insignificant annual rent of to.

First period (1668-1683)

1.Charter of 1668

2. Judicial system3. Judicial plan of 16704. The plan of 1672

Second period (1683-1690)

1.Admiralty court

Third period (1718-1726)

1.Indian judges

First period(1668-1683)1.Charter of 1668:- The British crown transferred

the island of Bombay to east India company by granting a new charter known as charter of 1668. charter granted to the company conferred on it full powers. Priviledges & jurisdication requisite for the administration Legislation & dispension of justice in bombay. The charter empowered the company to make laws & ordinance for the good governance of Island of Bombay & inhabitants there of & also impose punishment persities etc.

2. Judicial system:-

To begin with a deputy Governor & council were appointed to administer Bombay subject to the control of surat presidency . The governor of the surat factory was the ex-offio Governor of Bombay also. The main archilect of the first judical system in Bombay was the Gerald Aungier the governor of the surat factory.

The Gerald Aungir the first Governor of the surat factory. he has been described as the “ true founder” of Bombay. A man of libeal ideas he belive in a sound & impartial administration of justice without fear or favor Que to his efforts the first judical systeam was established in 1670.

Judicial plan of 1670According to the judicial plan of the 1670, the island of Bombay was divided into two divisions-

Bombay

mazagaon

Mahim

sion

Parel

Worli

A separate court was established for each division each court consist of 5 judges. The custom officer of each division who was an Englishman was authorized to preside over the respective court. Three judges were to constitute quorum some Indians were also appointed judges. The judges were not paid any emolument. The court was empowered to decide case of small thefts & civil action upto 200. An appeals from court each of division could be hearted by court of deputy Governor & council .

The plan of 1672:-By a government proclamation on August 1,1672 the

portugese laws which neither to were the laws applied in the Island of Bombay were abolished & replaced by the English law consequently a new judicial plan known as the judicial plan of 1672. in this plan the whole judicial system in Bombay was reorganized. The new court known as the court of judicature. The Geoege willcox was judge of the court. The court was to sit once a week to try civil cases.

Second period (1683-1690)1.Admiralty court:- when keignwins rebellion help the Island of

Bombay & thus the judicial plan of 1672 came to an end. The rebellion was suppressed & Bombay was surrendered by it to the company in 1684. the company under control of keignwins rebellions it stop functioning . In 1684 a court of admiralty was established on the some lines as in xnadras. The court of was established to decide admiralty & marlitme cases but later on it began to decide civil& criminal cases also. The judge was to be assisted by these two persons in the administration of justice Dr. St.john was appointed as judge advocate of the admiralty court.

Third period(1718-1726)

1.Indian judges:- on the 25th march

1718 the court of judicature was restarted .The court of judicature consisted of an English chief justice five English Judge & four Indian judges. The four indian judges represented the four principle communities namely Hindus, Mohamedans, Portuguese, Christians' ,paresis. The chief Justice & English judege constituted the quorum of the court, the court was to sit once a week .