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The Bombay High Court, Mumbai
The
Bombay High Court was
inaugurated on 14th August
,1862. The High Court had
an Original as well as an
Appellate Jurisdiction the
former derived from the
Supreme Court, and the
latter from the Sudder
Diwani and Sudder Foujdari
Adalats, which were merged
in the High Court. With the
establishment of the High
Court the Penal Code, the
Criminal Procedure Code and
Code of Civil Procedure were
enacted into law.
The Letter Patent of the Bombay High Court authorized 15 Judges, but it started with only 7. It is remarkable that, for about 60 years thereafter, the High Court managed to pull on with just 7 Judges, although with advancing years, the laws and the litigation both multiplied. There were no indications that this limited Bench was found inadequate to cope with the work, till about 1919. With the armistice at the termination of the First World War, there was sudden spurt of litigation in the City of Bombay. The number of Suites filed on Original Side, which during War had dwindled down to about 500 rose to about 7000, that the Prothonotary found it difficult to prepare daily boards for 3 Judges. It was only then that an additional Judge was demanded and was grudgingly granted . Bombay was lucky or unlucky in having at this crisis a Chief Justice of exceptional caliber, Sir Norman Mcleod, who instead of multiplying Judges preferred to massacre suits and appeals. The Charter of the High Court also made it the supreme and final court of appeal in all cases, civil and criminal, decided by inferior courts, except such as possessed the requisite importance, pecuniary or legal, demanding a further appeal to the Judicial Committee of the Privy Council. Ever since the Constitution of the Privy Council as the Court of ultimate appeal from British India by a Statuette of 1833, the bulk of its business was from Indian appeals; so much so that for Indian appeals, a Judge or a lawyer of adequate Indian experience had later to be associated with the Committee. The Bombay High Court has been represented on the Judicial Committee by three distinguished judges, and four eminent counsel; Sir Richard Couch, Sir Lawrence Jenkins and Sir John Beaumont, all Chief Justices. The lawyers who practiced in Bombay High Court before they were appointed to the Judicial Committee, were Sir Andrew Scoble, Sir George Lowndes, Sir D.F. Mulla and Mr. M.R.Jayakar. The judgments of the Privy Council, generally speaking, have been received in India with complete satisfaction; and some of them contain illuminating expositions of Anglo-Indian law, including principles of Hindu and Mahommedan law. But on one or two occasions, owing to overlooking the relevant section of an Indian statuette, or by a revolutionary construction of a section, their decisions have created some confusion and consternation
All the Charters of
the law Courts in
India from the
Mayor's Court down
to the High Court
are silent as
regards the
jurisdiction of the
Privy Council over
criminal cases in
India.
The last appeal from India was disposed of by the Privy Council on December 15, 1949. Thus came to an end India's 200 years' old connection with the Privy Council on January 26, 1950, the Federal Court gave way to the Supreme Court of India under the new Constitution. The Supreme Court of India is the highest Court of the land. and has been empowered to issued directions, Order of Writs, like the Habeas Corpus, Mandamus, Certiorari, Prohibition for the enforcement of the Fundamental Rights which have been guaranteed by the Constitution of the people of India. The Supreme Court has thus been made the guardian of the freedom and liberties of the Indian people. |
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