Appeals from india – legal history



Appeals from india to privy council i.e crowns court and the companies Court lay to the privy council.

Appeals from Mayor court

Appeals from mayor court lay to the governor general and Council if the value of cases up to 1000 Pagoda and if cases value exceeding more than 1000 Pagoda than appeal lay to king-in-Council.

Appeals from supreme court of Calcutta

Appeals from the Supreme Court in civil matters lay to the King-in-Council in cases of value exceeding the limit of 1000 pagodas and in criminal cases the Supreme Court has the discretion to allow or refuse to allow appeals to the Privy Council.

Appeal’s to privy council from sadar adalat’s

The settlement act, 1781 enhanced the status of sadar diwani adalat’s by constituting it into a court of record. It could appeal to king in councils in matters exceeding the value’s of 5000 pagoda’s.

Appeals from sadar adalat of madras and Bombay

Sadar diwani adalat’s at madras was established in 1802, It could lay its appeals to sadar diwani adalat at Calcutta for cases of 45000 exceeding. But after 1818, its appeal’s could be taken to the privy council in cases of even within the value of 5000 euro’s.

Appeals to privy council from Indian high courts

An appeal could be made to privy council In any case except criminal one from any final judgement on decree of the high court, if the value of the case exceeding 10000 rupees. In criminal cases appeals could lay to the privy council from any judgement made in exercise to original jurisdiction.

Special leave to appeals | Appeals from india

It may also grant special leave to appeal. Where the High Court refused to give the necessary certificate. Special leave may be granted in civil and criminal cases. In civil matters – The Privy Council may grant special leave to appeal in civil matters, where a substantial question of law was involved or a matter of public importance. The Privy Council’s approach to criminal matters was more restrictive in criminal matters, taking it only when there was a gross malpractice of justice or a violation of essential legal principles.

Appeals from the federal court

A federal court was established in india by government of india act, 1935. An appeal from decision of federal court could be allowed to privy council in exercise of its original jurisdiction without leave.

Abolition of jurisdiction of privy council

the jurisdiction of privy council was to hear appeals from india was abolished in 1949 by abolition of privy council jurisdiction act, 1949. The pending appeals were transferred to federal court . except those which the privy council could dispose of . With the coming of constitution of india, on 26th January, 1950. The federal court was replaced by supreme court of india. Supreme court is now the highest court for the country.

Role of privy council in development of law in india | Appeals from india

The Privy Council played a very important role in the development of law in India. It acted as a bridge between the Indian and English legal systems. It helped in the development of good principles of common law in India. Which provided the basis for the codification of Indian laws. It also acted as a link between the Sadar Adalats, Supreme Courts and High Courts in India. Which acted as a major unifying force in judicial administration in India.

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