ISMAILSAHEB MULLA LAW COLLEGE, SATARA.

Shalaka Shalaka PoojPoojaa

NLC II

CONTINUED…

KING CHARLES II found it difficult and uneconomic to govern the BOMBAY ISLAND.

So he transferred the BOMBAY ISLAND to EAST INDIA COMPANY at a nominal rent of €10 per annual.

In this manner the BOMBAY ISLAND went into the hands of EAST INDIA COMPANY.

KING CHARLES II found it difficult and uneconomic to govern the BOMBAY ISLAND.

So he transferred the BOMBAY ISLAND to EAST INDIA COMPANY at a nominal rent of €10 per annual.

In this manner the BOMBAY ISLAND went into the hands of EAST INDIA COMPANY.

BOMBAY IN HANDS OF EAST INDIA COMPANY

CHARTER OF 1668

• The King of England CHARLES II transferred The King of England CHARLES II transferred the ISLAND of BOMBAY to the EAST INDIA the ISLAND of BOMBAY to the EAST INDIA COMPANY under the ROYAL CHARTER OF COMPANY under the ROYAL CHARTER OF 16681668

• Under the CHARTERUnder the CHARTER[1] THE EMPERIUM POWERS[1] THE EMPERIUM POWERS[2] THE POWERS OF JURISDICTION[2] THE POWERS OF JURISDICTION Were conferred to the EAST INDIA Were conferred to the EAST INDIA

COMPANY.COMPANY.

• This CHARTER marks the transition of EAST This CHARTER marks the transition of EAST INDIA COMPANY a TRADING ASSOCIATION to INDIA COMPANY a TRADING ASSOCIATION to a RULING POWER.a RULING POWER.

THE GOVERNMENT AT THE GOVERNMENT AT BOMBAYBOMBAY

From the very beginning the From the very beginning the BOMBAY ISLAND was placed under BOMBAY ISLAND was placed under control of President Council in control of President Council in Surat.Surat.

But for the proper governance But for the proper governance Deputy Governor in Council was Deputy Governor in Council was appointedappointed.

The East India Company issued its First The East India Company issued its First Plan in the year 1668.Plan in the year 1668.

Under this Plan the Court of Judicature Under this Plan the Court of Judicature was established at Bombay.was established at Bombay.

It was like an English Court.It was like an English Court.

It was empowered to try Civil & Criminal It was empowered to try Civil & Criminal CasesCases.

The ISLAND of BOMBAY was been The ISLAND of BOMBAY was been divided into 2 divisions by divided into 2 divisions by

Mr.Gerald Aungir.Mr.Gerald Aungir.MAHIMMAHIM

PARELPAREL

SIONSION

WORLIWORLI

BOMBAYBOMBAY

GIRGAONGIRGAON

MAZGAOMAZGAONN

PRESIDING OFFICER ( P.O.)PRESIDING OFFICER ( P.O.)

PRESIDENT – Custom Officer of each PRESIDENT – Custom Officer of each division was the President of the Court.division was the President of the Court.

QUORUM – The Quorum was of 3 English QUORUM – The Quorum was of 3 English Judges.Judges.

Jurisdiction – Civil cases up to 200 Jurisdiction – Civil cases up to 200 xaraphines (Portugal coins) and Petty xaraphines (Portugal coins) and Petty Criminal Cases.Criminal Cases.

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• Presiding Officer - George Wilcox A person educated

about Law.

• Jurist - Civil and Criminal

Cases Cases solved with

the help of a Jury of 12 men.

• Under the plan of 1672 The Court of Under the plan of 1672 The Court of Judicature was set up at Bombay.Judicature was set up at Bombay.

• George Wilcox was appointed to act as a George Wilcox was appointed to act as a Judge.Judge.

• The court was given Jurisdiction in all The court was given Jurisdiction in all mattersmatters

• All the cases were been decided with the All the cases were been decided with the help of the Jury of 12 men.help of the Jury of 12 men.

• Fee of 5% was charged for every case Fee of 5% was charged for every case determined by the Court.determined by the Court.

Under this Plan for Criminal Under this Plan for Criminal purposes the Island of Bombay purposes the Island of Bombay was divided into 4 divisions :was divided into 4 divisions :

BombayBombayMahimMahimSionSionMazgaonMazgaon

• At each division a Justice of Peace was At each division a Justice of Peace was appointed.appointed.

• These 4 Justice of Peace were not in fact These 4 Justice of Peace were not in fact Judges but they were simply Committing Judges but they were simply Committing Magistrates.Magistrates.

• The work of the Justice of Peace was to:The work of the Justice of Peace was to:• Call upon the ComplainantCall upon the Complainant• Hear the ComplainantHear the Complainant• Examine some witnesses upon OathExamine some witnesses upon Oath• Record the EvidencesRecord the Evidences• Examine the Accused on the OathExamine the Accused on the Oath• And if he found a Substantial truth in And if he found a Substantial truth in

Complaint then he had to submit the case to Complaint then he had to submit the case to Court of Judicature.Court of Judicature.

At the bottom Courts of Conscience At the bottom Courts of Conscience were established.were established.

Native persons were appointed to Native persons were appointed to preside over this Court.preside over this Court.

They were to decide Civil Cases up They were to decide Civil Cases up to 20 xaraphines and to hear the to 20 xaraphines and to hear the Grievances of the Natives.Grievances of the Natives.