Indian High Court act,1861 ppt.pptx

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1. history PRESENTATION TOPIC Establishment of high court and INDIAN high courts act,1861

2. Before the commencement of the Act, a double system of administration of Justice prevailed in India: on the one hand, there were the British Crown Courts and, on the other hand, the Company Courts. The court of British crown called as supreme court and court of EIC known as sadar adalats. Both court had different jurisdiction. The law applied by the two courts were different. S.C consisted of professional lawyer as judge while company’s court does not had any professional judge. History and background

3. The existence of these two courts created great confusion and uncertainty about their respective jurisdiction. Also the law applied by these two sets of courts were different. This created conflicts and confusion. The power and functions of these two courts were different. Finally these two court were merged together to known as high court of judicature at Calcutta, Madras and Bombay. Reasons for establishment of Indian high court act,1861

4. This act was passed by the British Parliament on 6th August, 1861. The Act consists of 19 Sections only.  The first court was established on 14 may,1862 at Fort William, known as the High Court of Calcutta. On 26 th of June 1862 by the crown’s Letters Patent, the High Courts of Bombay and Madras were also established. INDIAN HIGH COURT ACT, 1861

5. COMPOSITION Each High Court consist of one Chief Justice. And other 15 Judges. QUALIFICATION A Barrister of not less than Five Years Standing; A member of the Covenanted Civil Service of at least 10 Year's Standing who had served as Zila Judge for at least 3 years in that period; A person having held Judicial Officer not inferior to that of Principal Ameen or Judge of a Small Cause Court for at least 5 years; A person who had been a Pleader of a Sadar Court or a High Court for at least 10 years. Composition and qualification of judges

6. H.C was to be a court of record. H.C have Original and Appellate Jurisdiction over Civil ,Criminal , Admiralty, Testamentary, Intestate, Matrimonial cause. The High Court could decide Suits that dealt with subject matters of dispute that were valued at not less than Rs. 100/-, as such matters were to be adjudicated by the Small Causes Courts. It was also to be court of Reference and Revision. It also had the power to enrol and admit Advocates and Vakils , and was empowered to determine necessary qualifications for Pleaders, Advocates, and Vakils . JURISDICTION

7. In Criminal matters, The Decision Of The High Court was final as there was no provision to Appeal against its Decisions. In Civil matters, an Appeal would go to the Privy Council against a H.C decision in two cases: if amount exceed 10,000 if H.C certify that an Appeal would lie before the Privy Council . An Appeal would lie before the Privy Council against any Decision or Order made by the High Court while exercising its Original Jurisdiction. appeals

8.  A High Court was established in Agra on March 17, 1868, which was ultimately shifted to Allahabad in 1875. The high Court was established at Patna in 1916. Establishment of other high courts

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