PART I
INDIAN LEGAL HISTORY
INTRODUCTION
Phases of Development
(1) Anglo-Indian Era
(2) Establishment of Supreme Court at Fort Williams, Calcutta
(3) East India Company's taking over administration of justice
(4) Establishment of High Courts
(5) Emergence of Privy Council
(6) Indian Independence Act 1947
Background of the Indian Legal History
Governors—General of Fort William in Bengal
Govemors-General of India
Viceroys & Govemors-General of India.—(From November 1, 1858)
Secretaries of State for India
CHAPTER 1
JUDICIAL SYSTEM IN ANCIENT INDIA
CHANDRAGUPTA MAURYA'S ADMINISTRATION
Justice and Penal System in Sultanat Period
Ombudsman (Elder-man), Minister and Council of Ministers
ADMINISTRATION OF CHANDRAGUPTA-II : VIKRAMADITYA
Judicial System in Southern India
Judicial System During 'CHOL' Regime
JUDICIAL SYSTEM IN MUGHAL PERIOD
CHAPTER 2
ARRIVAL OF BRITISHERS
Granting of Legislative Power by the Charter of 1601
The Charter of 1726 : A Great Legislative Significance
MAYOR'S COURT (Charters of 1726 and 1753)
Reasons for granting of Charter of 1726
Functioning of the Mayor's Court
THE CHARTER OF 1753
Administration of Justice Under the Charter of 1753
JUDICIAL SCHEME OF WARREN HASTINGS-Judicial Plan of 1772
Merits of the Judicial Plan of 1772
Demerits of the Judicial Plan 1772
JUDICIAL PLAN OF 1774
JUDICIAL PLAN OF 1780
CHAPTER 3
BRITISH RULE THROUGH EAST INDIA COMPANY
PASSING OF THE REGULATING ACT, 1773
Special features of the Regulating Act, 1773
Control of the British Government over the East India Company
Centralisation of Administrative Machinery
Legislative Power of the Governor General and Council
Establishment of Supreme Court at Calcutta
THE SETTLEMENT ACT, 1781 (Object of the Settlement Act, 1781)
Main provisions of the Settlement Act, 1781
Removal of defects by the Settlement Act, 1781
The Pitts India Act, 1784
Special Provisions of the Pitt's India Act, 1784
The Pitts India Act, 1786
Establishment of Recorder's Court and Supreme Court at Presidencies
Establishment of Recorder's Court at Bombay and Madras
Jurisdiction of the Recorder's Court
Comparison between the Recorder's Court and Mayor's Court
Replacement of Recorder's Court
Tussle between the Supreme Court of Bombay and the Government of Bombay
The Charter Act, 1813
Supreme Court of Judicature at Fort William (Calcutta) by the Charter of 1774
(3) Jurisdiction of the Supreme Court
(1) Raja Nand Kumar's Trial
(2) Cossijurah's Case that they would
(3) The "Patna" Case
(4) Moro Raghunath's Case
JUDICIAL PLAN--OF LORD CORNWALLIS : (During 1787-1793)
1. The Judicial Plan 1787
2. The Judicial Plan 1790
3. The Judicial Plan of 1793
CREATION OF SUBORDINATE JUDICIAL SERVICE
Exemption from Court Fees
Appreciation of the Judicial Plan of 1793
Defects in the Judicial Plan of 1793
JUDICIAL REFORMS DURING 1794-1797
(1) Judicial Reform, 1794
(2) Judicial Reform, 1795
(3) Judicial Reform, 1796
(4) Judicial Reform, 1797
ARRIVAL OF LORD WELLESLEY
THE CFIARTER ACT, 1833
THE CHARTER ACT, 1853
CHAPTER 4
ABOLITION OF COMPANY'S REGIME AND EASTABLISHMENT
OF DIRECT RULE OF THE BRITISHCROWN (1858 TO 1919)
THE GOVERNMENT OF INDIA ACT, 1858
INDIAN COUNCIL ACT, 1861
Legislative Power
The Legislative Council of the Governor General
THE INDIAN COUNCIL ACT, 1892
THE INDIAN COUNCIL ACT, 1909 (MORLEY MINTO REFORM)
System of Election for the Non-Official Members
CHAPTER 5
ADVENT OF SELF GOVERNMENT
THE GOVERNMENT OF INDIA ACT, 1919 (Montague Chelmsford Reform)
Special features of the Government of India Act, 1919
Demerits of the Government of India Act, 1919
STATUTORY COMMISSION AS SIMON COMMISSION
POONA PACT 1932
THE GOVERNMENT OF INDIA ACT, 1935
Establishment of Federal Court
CHAPTER 6
THE INDIAN HIGH COURTS
Difference between the British Crown's Court and East India Company's Courts
Unification of the Supreme Court
Constitution of High Court
Jurisdiction of High Court
Appeal against the decision of the High Court
Establishment of High Courts in Bombay and Madras
The High Courts Act, 1911
High Courts and the Government of India Act, 1915
High Courts and the Government of India Act, 1935
Establishment of High Courts after Independence
Jurisdiction of High Court
Writ Jurisdiction of High Court
Decision of High Court Appealable
High Courts of Union Territories
CHAPTER 7
THE PRIVY COUNCIL
Jurisdiction of the Privy Council
Composition of the Judicial Committee of Privy Council
Appeals from the Courts in India
Appeal to Privy Council against the Decision of the Indian High Courts
King-in-Council's Power to Grant Special Power to Appeal
Appeals arising from the decision of the Federal Court
Abolition of jurisdiction of the Privy Council
Contribution of Privy Council to the Indian Legal System
CHAPTER 8
JUDICIAL REFORMS
THE CHARTER ACT 1813
LORD FRANCIS RAWDON HASTING'S JUDICIAL REFORMS
Changes in Criminal Judicature
LORD AMHERST'S JUDICIAL REFORMS
LORD WILLIAM BENTINCK'S JUDICIAL REFORMS
Separation of Judicial Administration and Revenue Collection
CHAPTER 9
INTRODUCTION OF ENGLISH LAW
(1) Introduction and development of English law in the Presidency Towns
(2) Judicial Application of English Law in Presidencies
Application of English law in Mofussil areas
Applicability of English Law in Provinces
English Law : How Introduced
Demerits of Application of English law
CHAPTER 10
HISTORY OF PERSONAL LAWS
HINDU PERSONAL LAW
Introduction of Gentoo (Native) Law
Appointment of Indian Law officers
MOHAMMEDAN PERSONAL LAW
Mohammedan Law in Commentaries Form
Mohammedan Law : Passing of Legislation during British Regime
Appointment of native Mohammedan Law officers
Mohammedan Personal Law : Present position
CHAPTER 11
EVOLUTION OF CRIMINAL LAW
The Principle of Mohammedan Law of Crimes
Appreciation of the Mohammedan Criminal Law
Mohammedan Criminal Law : (Phases of Reforms Introduced by the Governors General)
CHAPTER 12
LAW COMMISSIONS AND CODIFICATION
OF INDIAN LAWS
FIRST LAW COMMISSION
Role of the First Law Commission
Lex Loci Report : The Law of the Land to be Uniform
Evaluation of Lex Loci Report
Passing of the Caste Disabilities Removal Act, 1850
SECOND LAW COMMISSION
Work Done by the Second Law Commission
THIRD LAW COMMISSION
FOURTH LAW COMMISSION
FIFTH LAW COMMISSION
CHAPTER 13
DEVELOPMENT OF LEGAL PROFESSION
History of Legal Profession
Development of Legal Profession in England
Curia Regis
LEGAL PROFESSION IN INDIA DURING THE BRITISH RULE
Establishment of the Courts during British Rule
Establishment of the Supreme Courts
A Regulation for Appointment of Vakils or Native Pleaders in the Courts of Civil Judicature in the Provinces of Bengal, Bihar and Orissa
Legal Practitioners Act, 1846 : An All India Legislation for the Legal Profession
The Legal Practitioners Act, 1879
ALL PRACTITIONERS (WOMEN) ACT, 1923
LEGAL PRACTITIONERS (FEES) ACT, 1926
Legal Profession : Position in other parts of India
Unified Bar for the whole Country
BAR COUNCIL ACT, 1926
Admission of Advocate : The Calcutta High Court Rules
Constitution of All India Bar Committee of 1951
14th Report of the Law Commission
THE ADVOCATES ACT, 1961
Statements of objects and reasons
SUPPOSITION OF GOVERNMENT OF INDIA BY BRITISH CROWN
Incorporation of the Indian Councils Act, 1861
Special Features of the Indian Councils Act, 1861
Evaluation of the Indian Councils Act, 1861
Indian High Courts Act, 1861
Indian Councils Act, 1892
Analytical Examination of the Indian Councils Act, 1892
CHAPTER 2
INDIAN NATIONAL CONGRESS AND
REPRESENTATIVE SYSTEM
Formation of Indian National Congress
Response of Government towards Indian National Congress
Indian National Congress : National Movement
(1) Moderate Nationalism
(2) Militant Nationalism
Reasons for emergence of Militant Nationalism
Split in Congress : Formation of Militant Party
Origin and Development of Muslim League
Objects of Muslim League
Hindu-Muslim : Lucknow Pact 1916
Indian Councils Act, 1909 : Minto-Morley Reforms
Salient Features of the Indian Councils Act, 1909
Defects of Indian Councils Act, 1909
CONSTITUTIONAL DEVELOPMENT
DURING 1919-1935
Establishment of Home Rule League
MONTAGU-CHELMSFORD REFORMS
Increasing participation of Indians in the administration of
the country
GOVERNMENT OF INDIA ACT, 1919
Preamble of the Act, 1919
(1) The Council of State
Total strength (60)
(2) The Legislative Assembly
Total strength (143)
Power of the Central Legislature
Financial Powers of the Central Legislature
Settlement of Differences Between the Chambers of the Central Legislature
Changes introduced in the Home Government
Changes introduced in the Provincial Council
Appreciation : Reforms introduced by the Government of India Act, 1919
NON-COOPERATION MOVEMENT : SATYAGRAH
Framing of Swaraj Constitution
Motilal Nehru Committee's Report
Rejection of Motilal Nehru Committee's Report by Muslim League : Jinnah's Fourteen Points
Commencement of Civil Disobedience Movement
Statutory Commission : Simon Commission's Report
First Round Table Conference 1930-31
Gandhi-Irwin Agreement 1931
Second Round Table Conference 1931
Communal Award : Poona Pact 1932
Third Round Table Conference 1932
White Paper issued by the British Government
The System of Federal Government : The Government of India Act, 1935
Salient features of the Government of India Act, 1935
The Federal Government
The Provincial Governments
Critical Analysis of the Government of India Act, 1935
CHAPTER 4
CRIPPS' MISSION AND QUIT INDIA MOVEMENT
The August Offer 1940
CRIPPS' MISSION
QUIT INDIA MOVEMENT
Formula of Raja Gopalachari
Wavell Plan and Shimla Conference 1945
Cabinet Mission 1946
Attlee's Statement
Lord Mountbatten Plan, 1947
CHAPTER 5
THE INDIAN INDEPENDENCE ACT, 1947
1947-1950 (The Making of the New Indian Constitution)
Constituent Assembly
CHAPTER 6
NATURE OF CONSTITUTION OF INDIA
Whether the Constitution of India is Federal ?
Supreme Court's View
Federalism and the Indian Constitution
The circumstances under which the Parliament can make law on the subjects enumerated in the State List.
Under the following circumstances the Central Government can interfere in the enactment of legislation by the State Legislature on the subjects placed in the State List
Admission or establishment of new States and formation of new States and alteration of areas, boundaries or names of existing States (unitary features of the Indian Constitution)
Written Constitution
Independent Judicial System
Supremacy of the Constitution
Rigidity
CHAPTER 7
MODERN JUDICIAL SYSTEM
ORIGIN : SUPREME COURT OF INDIA
Constitution of the Supreme Court
Doctrine of Precedent and Supreme Court of India
Court's duty to apply precedent
"Law declared"—What amounts to
"Per in Curiam"—Connotation of
Overruling of previous decision—Effect of
The Supreme Court of India
Jurisdiction of the Supreme Court
(1) A Court of Record
(2) Original Jurisdiction
(3) Appellate Jurisdiction
Constitution of High Courts in States
Appointment of High Court Judges
Jurisdiction of High Court
PREROGATIVE WRITS IN INDIA
TYPES OF WRIT
Writ of mandamus and certiorari—Difference between
Difference between Prohibition and Mandamus
Subordinate Courts and Administration of Justice
Change of nomenclature
Subordinate Courts
(1) Civil Courts
(2) Criminal Courts
(3) Revenue Courts
Critical Analysis of the Modem Judicial System
CHAPTER 8
JUSTICE, EQUITY AND GOOD CONSCIENCE
Growth of Justice, Equity and Good Conscience
Origin and development of equity in Rome
Origin and Development of Equity in England
Powers of the Chancellor to issue writ
Second Statute year 1285 of West Minister
Petition Before the King and Extension of the Chancellor's Jurisdiction
Edward-II's Declaration, 1334 and Ratification of Jurisdiction of the Chancellor
Edward-III's Declaration, 1349 and Extension of Chancellor's Jurisdiction
Origin of Equity's Court in 1474
Application of Uses' and Popularity of Equity
Jurisdiction of Equity During 16th Century
Position of Equity During 17th Century
18th Century—Climax of Equity
2. Changing Period
3. Modem period
Judicial System under the Judicature Acts
Origin and Development of Equity in India
Origin of Equity under the Hindu Law
Mohammedan Law and Equity
Investment of Equity and Foundation of East India Company
Statutory Recognition of Equity—Incorporation of Equity in Various Enactments
Racial Discrimination/"Apartheid"—Meaning of
Racial Discrimination in Sports
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