05 August 2010

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Part 26 - Indian Legal History – Creation of Allahabad High court and The Indian High Courts act 1911

Part 26 - Indian Legal History – Creation of Allahabad High court and The Indian High Courts act 1911

Reality views by sm –
Wednesday, August 04, 2010

The Indian High courts act 1861 gave power, authority to her majesty to issue letters patent to establish a high court for any area, territories not included within the local jurisdiction of another High court.

Meaning of Letters Patent –

Letters patent is a type of legal instrument in the form of an open letter issued by monarch or government ,granting an office , right , monopoly, title or status to a person or to some entity such as corporation.
Letters patent are used for the creation of corporations or government offices.
In the United Kingdom letters patent are issued under the prerogative powers of the head of state, royal prerogative, this is a type of legislation without the consent of the parliament. Letter patent may be used to grant assent to legislation.

Majesty meaning –
Majesty means –
• A royal personage.
• The greatness and dignity of a sovereign
• Supreme authority or power: the majesty of the law.

Majesty is Used with His, Her, or Your as a title and form of address for a sovereign.

The territorial jurisdiction of the Calcutta high court was confined to Bengal, Bihar and Orissa and did not extend to the North western Provinces where Sadar adalats continuded to function as usual.

On March 17 Queen Victoria issued a charter and a High Court was established at Agra for the North Western Provinces which abolished the sadar diwani adalat and the sadar nizamat adalat.
The court started its working on June 11, 1886 and was shifted to Allahabad in 1875 which was known as High court of Judicature at Allahabad.
The powers of this High court were similar to the high court of Calcutta.

In 1865 in Oudh a non- regulation territory a judicial commissioners court was established.
Oudh civil courts act 1877 declared a judicial commissioners court as highest court of appeal for Oudh.
In 1925, U.P. Legislature passed the Oudh Courts act 1925 and gave status of chief court to the judicial commissioner’s court as per the demand of Oudh talukdars and population.
That time Utter Pradesh was known as united provinces.
That time 2 separate courts of appeal functioned one at Allahabad and other at Lucknow.
After Independence on July 26, 1948, the territorial jurisdiction of the Allahabad High court was augmented by the amalgamation of the Oudh chief court with it.
The Allahabad High Court however maintains a bench at Lucknow also.

The Indian High courts act 1911 modified few provisions of the Indian high courts act 1861.
The act of 1861 fixed the number of High court judges at 15 excluding the chief justice.
The act of 1911 increased the number of High court judges at 20 including chief justice.
The act of 1861 allowed establishing another High court in an area which does not come under the local jurisdiction of the other High court.
The act of 1911 modified this provision and gave power to the crown to establish additional or High courts in any territory within his majesty’s dominions in India which changed the local jurisdiction of High court.
The act also fix that the salaries of the Judges or temporary judges were to be paid out of the revenues of India.

Suggested Reading –

Part 27 - Indian Legal History the Government of India Act 1915


Neha August 05, 2010  

letter from the crown it was known as - the patent letter..

one small piece of information from my end too..

The first recorded patent of invention was granted to John of Utynam. In 1449, he was awarded a 20-year monopoly for a glass-making process previously unknown in England (subsequently, he supplied glass for the windows of Eton College Chapel, UK). In return for his monopoly, John of Utynam was required to teach his process to native Englishmen.

I have a whole paper presentation on the history and evolution of Intellectual Property Rights..let me know if you wish to read it..I will mail it to you :)

sm,  August 06, 2010