Scribd Logo
Upload

Welcome to Scribd!

  • 19 views

    HC 1861

    Uploaded by

    Dinesh PK
    The High Courts Act of 1861 established High Courts in the Presidency towns of Calcutta, Bombay, and Madras, replacing the Supreme Court and Sadr Courts. The High Courts had original and appellate jurisdiction over civil, criminal, admiralty, testamentary, and matrimonial cases. The High Courts were courts of record composed of a Chief Justice and up to 15 puisne judges meeting qualifications related to legal experience.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd

    HC 1861

    Uploaded by

    Dinesh PK
    19 views9 pages
    The High Courts Act of 1861 established High Courts in the Presidency towns of Calcutta, Bombay, and Madras, replacing the Supreme Court and Sadr Courts. The High Courts had original and appellate jurisdiction over civil, criminal, admiralty, testamentary, and matrimonial cases. The High Courts were courts of record composed of a Chief Justice and up to 15 puisne judges meeting qualifications related to legal experience.

    Copyright

    © © All Rights Reserved

    Available Formats

    PPTX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The High Courts Act of 1861 established High Courts in the Presidency towns of Calcutta, Bombay, and Madras, replacing the Supreme Court and Sadr Courts. The High Courts had original and appellate jurisdiction over civil, criminal, admiralty, testamentary, and matrimonial cases. The High Courts were courts of record composed of a Chief Justice and up to 15 puisne judges meeting qualifications related to legal experience.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    19 views9 pages

    HC 1861

    Uploaded by

    Dinesh PK
    The High Courts Act of 1861 established High Courts in the Presidency towns of Calcutta, Bombay, and Madras, replacing the Supreme Court and Sadr Courts. The High Courts had original and appellate jurisdiction over civil, criminal, admiralty, testamentary, and matrimonial cases. The High Courts were courts of record composed of a Chief Justice and up to 15 puisne judges meeting qualifications related to legal experience.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 9

    HIGH COURTS ACT 1861

    INTRODUCTION

    • The British Parliament passed the Indian High Courts Act in


    August 1861.
    • This Act empowered the crown to establish a High Court in
    each of the Presidency towns. The 1st High Court was
    established at Calcutta.
    • Thereupon, the existing Supreme Court and the Courts of Sadr
    Diwani Adalat and Sadr Nizamat Adaalt were abolished.
    COMPOSITION
    • It consisting of a Chief Justice and
    • not more than 15 puisne judges.
    QUALIFICATION
    • 1/3 rd were to be barristers of minimum 5 years standing
    • 1/3 rd were to be members of the Company’s Civil Service
    having not less than 10 years
    • the remaining judges could either be from the Bar or the Civil
    Service, i.e., the persons who had practiced as Pleaders in the
    Sadr Adalat or the Supreme Court for atleast 10 years or
    persons who held judicial office as a Judge of a Small Cause
    Court for not less than 5 years.
    • the Judges of the Supreme Court and the Sadr Adalat
    automatically became Judges of the newly created High
    Court.
    • the Chief Justice of the Supreme Court was to be the Chief
    Justice of the High Court of Calcutta.
    • the Judges of the High Court were to hold office during her
    Majesty’s pleasure.
    FUNCTIONS
    • The High Court was a Court of Record. It has original and
    appellate jurisdiction over civil, criminal, admiralty, testamentry,
    intestate and matrimonial cases.
    • High Court was to admit and enroll Advocates and vakils. It could
    also take disciplinary action against them.
    • This High Court could regulate its own procedure and make rules,
    and these rules and orders must not be contrary to the Provisions
    of the Code of Civil Procedure of 1859.
    • In criminal cases, to follow the Code of Criminal Procedure, 1861.
    JURISDICTION

    CIVIL JURISDICTION
    a) Ordinary, Original, Civil juirsdiction
    • This extends only within the limits of the Presidency town.
    • It was empowered to try and determine suits in which the
    cause of action arose within the local limits of Calcutta or
    • at the time of commencement of the suit, the Defendant
    resided or worked for gain or doing business within the limits
    of Calcutta.
    • Also all British and European subjects residing beyond the
    local limits of Calcutta.
    • It could decide all civil suits and above the value of Rs.100.
    Below the Rs.100 in value which were triable by the Small
    Cause Court.
    b) Extraordinary, Original Civil jurisdiction
    • Whenever expediency or justice required or on the agreement
    of parties, the High Court could transfer to itself any suit
    pending in any court under its superintendence.
    c) Appellate Civil jurisdiction
    • It was authorized to hear appeals from the inferior Civil Courts.
    The jurisdiction is as that of its predecessor, Sadr Diwani
    Adalat.
    CRIMINAL JURISDICTION
    • It extended to the limits of the Presidency town, and European
    and British subjects.
    • To try and determine the offences committed by persons
    residing in places within the jurisdiction of any court which
    was subject to its superintendence, and control.
    • It was a Court of Appeal from subordinate Criminal Courts.
    • Also, a Court of Reference and Revision from these courts. It
    could thus hear and determine all references made to it by the
    sessions judge and revise proceedings of the lower criminal
    courts.
    • It applied the law found in the Indian Penal Code.

    ADMIRALTY JURISDICTION
    • The High court could try the cases relating to maritime and
    merchantile cases.
    • It could try all civil, maritime and crime committed upon vessels,
    ships, ferries and high seas with the help of jury.
    TESTAMENTARY AND INTESTATE JURISDICTION:
    • The High Court was vested with the power to grant probates
    of wills and letter of administration relating to the property of
    deceased persons died without writing a will interstate. This
    jurisdiction was inherited from the Supreme Court.
    APPEALS
    • The decision of the High Court was final in Criminal cases.
    • However in Civil cases, appeal from High Court lay to the Privy
    Council provided pecuniary value was not less than Rs. 10000/.

    You might also like