During the British rule in India,
the East India Company was responsible for the administration of civil
justice.
They started designing the judicial system at the presidency towns and
established various courts. As per the judicial plan of 1772, Mofussil
Diwani
Adalat, Small Cause Adalats, Mofussil Fozdari Adalat, Sadar Adalats
consisting
of Sadar Diwani Adalats and Sadar Nizamat Adalat were established.
The
Sadar Diwani Adalat
were above the Mofussil Adalats, they consisted of the Governor and
members of
the Council and was to hear appeals from the Mofussil Diwani
Adalats
in cases of over five hundred rupees. The
first sitting of the Sadar Diwani Adalat was held on 17 March 1773. A
fee of 5%
was fixed on the petition of appeal. Appeals were to be filed within
two months
from the date of the decree given by the Mofussil Adalat.
With
the introduction of
the Judicial Scheme of 1793, the Sadar Diwani Adalat became the highest
court
in the judicial hierarchy. The Governor General and members of Council
sat as
Judges. It was to hear appeals from the Courts of Appeal in all cases
involving
a subject matter exceeding one thousand rupees. Its decisions were to
be final,
except that a further appeal could be taken to the King-in-Council in
cases of
a value of 5000 Great Britain Pounds or more. The Sadar Diwani Adalat
was given
functions of supervision and inspection over the lower adalats.
The British
Parliament
enacted the Indian High Courts Act on 6 August 1861 to establish the
High
Courts in the Presidency towns. On the
establishment of the High Courts in 1862 the Sadar Diwani Adalats and
the Sadar
Nizamat Adalat in the Presidency towns were abolished. The records and
documents of those courts became the records of the High Court of those
Presidency towns.
Source
: Outlines of Indian Legal History, By: M.P.Jain, Pub. N.M.Tripathi,
Bombay, Edn.1966
The Bombay High Court had received such records
from the then Sadar Diwani Adalat which were preserved. Some orders
passed by
the then Sadar Diwani Adalat are digitized and uploaded for the benefit
of
those who have interest in legal history. |