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Law

Published on September 15, 2014

Author: hajra5

Source: slideshare.net

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indian legal history

Ismailsaheb mulla law college satara

Presented by ……….. NLC – II SHITAL HAJRA PUNAM

INDIAN LEGAL HISTORY

JUDICIAL REFORMS OF WARREN HASTING

INTRODUCED 2 PLANS PLAN OF 1772 & PLAN OF 1774

PLAN OF 1772 ADMNISTRATION OF JUSTICE CIVIL JUSTICE CRIMINAL JUSTICE REVENU ADMINISTRATION

CIVIL JUSTICE

MOFUSSIL DIWANI ADALAT  ESTABLISHED IN EACH DISTRICT AND PRESIDED BY COLLECTOR OF DISTRICT.  DECISION WAS FINAL UPTO Rs.500 AND VALUE OF SUIT MORE THAN THAT WERE HEARD BY SADAR DIWANI ADALAT.  EMPOWERED TO HEAR CIVIL CASES AND CASES OF INHERITANCE , MARRIAGE , etc., WERE TO BE DECIDED BY PERSONAL LAWS.  KAZIS AND PANDITS WERE APPOINTED TO EXPOUND MUSLINM AND HINDU LAWS.

 EMPOWERED TO HEAR APPEALS FROM MOFUSSIL DIWANI ADALAT.  IT WAS COURT OF SUPERIOR JURISDICTION.  IT CONSISTED GOVERNOR AND 2 MEMBERS OF COUNCIL.  ITS QUORUM WAS ABOUT 3.  IT CONSISTED FEE OF ABOUT 5% TO BE PAID ON PETITION OF APPEALS.

 IT WAS ESTABLISHED IN EACH DISTRICT AND CASES WAS DECIDED ACCORDING TO MUSLIM LAW.  COLLECTOR WAS TO SUPERVISE THE WORKING OF COURT.  COULD NOT PASS CAPITAL SENTENCE WITHOUT APPROVAL OF SADAR FAUZDARI ADALAT.

SADAR FAUZDARI ADALAT  ESTABLISHED AT CALCUTTA AND HEAR APPEALS FROM MOFUSSIL DIWANI ADALAT.  PRESIDE OVER BY AN INDIAN JUDGE CALLD DAROGA-I-ADALAT.  DEATH WARRANT SIGNED BY NAWAB CONSIDRED AS THE HEAD OF THE FAUZDARI ADALAT.

 COLLECTOR OF DISTRICT WAS TO COLLECT LAND REVENUE FROM LAND OWNERS.  UNDER CONTROL AND SUPERVISION OF BOARD OF REVENUE.

PLAN OF 1774 ADMINISTRATION OF JUSTICE CIVIL JUSTICE CRIMINAL JUSTICE REVENUE ADMINISTRATION

CIVIL JUSTICE MOFUSSIL DIWANI ADALAT PROVINCIAL COUNCIL SADAR DIWANI ADALAT

PROVINCIAL COUNCIL PROVINCIAL COUNCIL  WE HAVE ALREADY DISCUSSED THE MOFUSSIL DIWANI AND SADAR DIWANI ADALAT IN PLAN OF 1772 BUT IN THIS PLAN OF 1774 HE HAS INTRODUCED THE NEW PROVINCIAL COUNCIL .  PROVINCIAL COUNCIL WAS ESTABLISHED IN EACH DIVISION. [DIVISION = SEVERAL DISTRICTS]  IN EACH DISTRICT INDIAN OFFICER CALLED ‘DIWAN’ OR ‘AMIN’ REPLACED THE COLLECTOR.  PROVINCIAL COUNCIL WAS TO LOOK AFTER REVENUE COLLECTION AND HEAR APPEALS FROM MOFUSSIL DIWANI ADALAT.  DECISION WAS FINAL UPTO Rs.1000 AND APPEALS FROM PROVINCIAL COUNCIL WERE TO BE HEARD BY SADAR DIWANI ADALAT.

CRIMINAL JUSTICE  SUPERVISION OF WORKING OF MOFUSSIL FAUZDARI ADALAT BY COLLECTOR AND SUPERVISION OF WORKING OF SADAR FAUZDARI ADALAT BY GOVERNOR AND COUNCIL CAME TO AN END.  SADAR FAUZDARI ADALAT SHIFTED FROM CALCUTTA – MURSHIDABAD.

IN THIS WAY WARREN HASTING CONTRIBUTED FOR THE IMPROVEMENT OF THE JUDICIAL SYSTEM AND THE BEST POINTS IN HIS PLANS WERE :- 1. JUDICIAL ADMINISTRATION AS PUT IN HANDS OF AN INDIAN OFFICER [ENGLISH OFFICER REPLACED BY INDIAN] 2. ESTABLISHMENT OF PROVINCIAL COUNCIL LESSENED BURDEN OF SADAR DIWANI ADALATAND REDUCED THE HARDSHIP OF LITIGANTS AND MADE JUSTICE CHEAPER.

THANK YOU VERY MUCH DEARS FOR VIEWING OUR EFFORTS SO OBEDIENTLY AND CO-OPERATIVELY

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