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JR CPCT INSTITUTE, TIKAMGARH (M.P.) || MPHC JJA EXAM 2024 || JJA की तैयारी के लिए Whatapp Group 8871259263 पर Msg करें !!

created Oct 4th, 06:38 by entertainmentBabaji


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In the three Presidency towns of Calcutta, Madras and Bombay there were two existing judicial systems for administering justice i.e. the Supreme Court and the Sadar Diwani and Sadar Nizamat Adalat. This sort of judicial administration was inconvenient for the inhabitants of the Presidencies. In fact, it often clashed and it resulted in conflicting decisions. Ultimately, this problem was resolved by the British Parliament by enacting the Indian High Courts Act, 1861. The Indian High Courts bill was moved by the secretary of State Sir Charles Wood in the House of Commons on 6th June, 1861 and finally the Indian High Courts Act was passed by the British Parliament on 6th August, 1861. It was titled as An Act for establishing High Courts of Judicature in India. The Act consists of 19 sections only. The Indian High Courts Act, 1861, abolished the Supreme Court and Sadar Adalats in the Presidencies and the Act also empowered the crown to issue letters patent under the great seal of the United Kingdom, to erect and establish high court of Judicature at Calcutta, Madras and Bombay. It further provided that the High Courts were to come into existence at such time as her Majesty might deem fit. Thus, on the establishment of the High Court, the Supreme Court, the Sadar Diwani Adalat and Sadar Nizamat Adalat at the concerned presidency were to be abolished and the records and documents of these courts so abolished were to become the records and documents of High Courts concerned. At least one third of the judges of the High Court, including the Chief justice had to be Barristers and the other one third of the judges had to be members of the covenanted Civil Service. The judges hold their office during the pleasure of her Majesty. The law which the high court applied was same as applied by the Supreme Court i.e. English law. However, the High court was allowed to use the principles of justice, equity and good conscience on the appellate side. In criminal law, it followed the I.P.C, 1860. So far as procedural laws are concerned.   
 

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