MIGRATION OF COMMON EQUITABLE LAW INTO INDIA
The introduction of common law and equity law directly resulted from the British
occupation of the sub-continent
The purpose was for administration, governance and colonisation.
The laws shaped the Indian culture, society, and social institutions
Law is always developed in connection with the intention to control
TRADE AGRICULTURE LAND PEOPLE
CHARTER ACT 1661
First charter-bearing the question of introduction of the English law in these towns
If authorized the Governor and the Council of a Settlement to the judge over all
persons belonging to the Company or live under them in all matters including civil
and criminal according to the Laws of England
In 1661,-only madras was found and intro of English Law was partial-in theory than in
practice
EIC- still had not profound control over all major trading cities in India and some of
them were still controlled by other trading companies-Portugeese in Bombay,1668.
The Charter of 1661-said to be the beginning of the introduction of English law-both
Statutory and Common law into the subcontinent.
CHARTER OF 1726
The trial of Nandakumar
Advocate general of Bengal
Battle of Buxar(1764)
- actual turning point in the colonial history of India and the beginning the Anglo-Indian Legal System as well.
Regulation act of 1772
Background
Failures of regulating act of 1773
Fox India Bill of 1783
Lord Cornwallis
- Appointed as Governor general, commander in chief-replaced warren hastings
- Oversaw a series of reforms to the subcontinent’s administrstive, legal and military
sectors, enforced by the company
- Introduced uniform civil laws-which were written and superior to any other law, more
than customs and usages
- Introduced Permanent Settlement-regularised the land revenue collected-89% to the
state and 11% to the zamindars-system failed
- Reign of Cornawallis important for two reasons:
1. Last Governor-General directly having roots in the company and from then on, the
Crown had more and more control over the authority of Governor General
- JUDICIAL REFORMS OF LORD CORNWALLIS
1. Merging of Judicial and Revenue functions, under the direction of the Court of
Directors under the Judicial Plan of 1787, vested the powers under the district’s
collector.
2. Reorganised the existing districts and reduced them from 36 to 23-each district to
have a collector who was in charge of revenue collection and cases relating to
revenue. He was also authorised to act as the judge of Mofussil Diwani Adalat-
Magistrate within the district in charge
3. Strict severance of power was not enforced-but cases relating to revenue and
administration were dealt with revenue courts themselves
4. Cornwallis identified the
5. [Faujdari adalats and Diwani adalats]
Patna case
Simon John
CHARTER ACT OF 1833
ALL INDIA LEGISLATURE, 1833
Time barred debt
JURISDICTION
A mofussilOF SUPREME
town is a small,COURT
rural town in
India that's located far from urban
centers. The term is used to describe
provincial areas that are less energetic and
vibrant than metropolitan areas.
Morton v. mehdi ali
Musleah V. Musleah(1856)
High Court’s act of 1861
27.02.2025
THE PRELIMINARY DISCUSSIONS IN THE CONSTITUENT ASSEMBLY
1. Rule of law
2. Written Constitution
3. Detailed preamble with an Enabling clause
4. The Equality Principle
5. Freedom of Speech and Expression
6. Land Reforms
7. Socialistic form of Government.
8. Single citizenship
9. Elections on the basis of adult suffrage
10. Judiciary and Judicial Reviews
11. Federal Republic
