Bombay High Court

The legal history of Bombay May be regarded as having started in 1661 when he became a British possession. The town and the island of Bombay was received by the British as part of the dowry of the Portuguese princess Catherine of Braganza, the sister of Alfonso VI, the Portuguese monarch then when she married King Charles II. Bombay was a little more than a small fishing village of a few huts scattered Kolis, the original inhabitants, and the port, which over the years to become the largest and most important commercial seaport in the East to protect a few fishing boats. Charles II of the East India Company in 1668 for an annual rent of 10 pounds insignificant


The remote ancestors of the High Court, but interesting, is not really inspiring, until we come to the recorder of the Court under the Charter of 1798. Limit ourselves to the British period, as there is no conceivable connection between the present day, the High Court and the courts, such as the existence in Portuguese, and even earlier periods in history Muslim Judicial Bombay begins with the Charter of 1668 in the transfer of Bombay from the Crown of the East India Company. In 1670, the administration of justice is in the hands of judges who have held their meetings in the custom houses of Bombay and Mahim. The system of 1670 was very basic and suffering of some drawbacks and the justice system is too identified with the Executive Board of the island.

The main architect of the judiciary during this period was Gerald Aungier, the Governor of Surat Factory. It is described as the "real founder" of Bombay. He was a man of liberal ideas and believed in the impartiality of the administration of justice without fear or favor. But he was aware of these problems and he was himself satisfied with the judiciary. Aungier was advised by the Company to choose a person to know something of the right of the Company officials in India. George Wilcox Aungier chosen as the first British court and the Court of Justice was inaugurated in Bombay in 1672, with the pumps. Fawcett cites a detailed description of the opening ceremony on 8 August 1672.

There was a ceremonial procession of the fort by the bazaar of the Guild Hall (courthouse) in the following order: --
Fifty Aries green band delivered on two by two.
Centu (Hindu) 20 Mooremen (Muslims) 20 Christians have their own caste or sect different walking two by two.
His Honor the horse of the State headed by an Englishman.
Two trumpets and drums Kettle on horseback.
Justice of the Peace and the rich inhabited by horse. The Governor in his Pallankeen with fower (four) in English on either side in rich countries delivered bareheaded surrounded distance with peons and blacks.
The Clerk of the press up.
Flower (four) Atturneys, or publicly pleaded foot requires
The holder of the prison and the two Tipstaffs foot, bareheaded before the court.
The court across a velvet fabric foot.
His Purple Serge delivered.
Your coaches and Palankeens.

On this occasion, he has a speech full of noble sentiments, eulogizing the impartial application of laws and urging the court, irrespective of nationality or religion, not only in cases between private parties, even government. He promised to protect the judge in the exercise of its functions to the best of his power and authority. In the last paragraph of his address to the court, he said:

"The inhabitants of this island is made up of different peoples and religions, such as English, Portuguese and other Christians, Moores and Gentoos, but if you're sitting in that chair of the judge and the decision should be discussed with a single me, regardless of nation or religion, because they are all of His Majesty and the Hon'ble Company subjects such as English, and all have a title and equal access to justice. "

The speech of credit to the nature of Aungier. He demonstrated a passion for honesty, and impartiality of the justice. Nobody can have a higher ideal of justice that Aungier. It is a good omen for the judicial system, but, unfortunately, the governors have nothing to follow Aungier traditions.
Admiralty Court

The creation of a Court of Admiralty in 1684 under the Charter of 1683 opened the second phase in the development of the law of Bombay. Dr. St. John, an expert in civil law by the Company as President of the Court as a judge - advocacy. But there were ongoing clashes between the governor and the Court, and he was fired for refusing to make its own verdict on the wishes and directives of the Governor and Council. According to Dr. St. John's, the output, the judiciary continues to be administered by lay until the end of the eighteenth century. Mayor of the Court

In 1726, the issue of the charter by King George I of the company submitted a new page in the evolution of legal institutions. The Charter of 1726 introduced a uniform approach and established courts. Thus, in 1726. "The mayor of the Court was established under the direct authority of the king. The mayor and nine vessels have been the mayor of the Constitutional Court. It was to serve and try to hear the rest of all civil rights in the city and its factories. For the first time a right of appeal to the Privy Council of King's decision to the court of India has been granted. The mayor of the Court is a court of record and therefore the power to punish those who might be guilty of contempt. As the precedent of the Court, even the mayor of the Court was not entirely free of his influence that the aldermen were either English or other staff holding companies which depend on the company permission to stay in India and have been largely compatible with the thank you to the local administration. The judiciary continues to be administered by professional judges.

In 1753, the company has obtained new Charter of King George II., The recovery of the mayor of the Court. The new charter to repeat a section of the Charter of the previous Court and a summary of requests for removal of small causes. The mayor of the Court with his own personal defects of principle and operated for 70 years until 1798.
Recorder's Court
In 1798 the mayor of the Court was abolished and in its place, the recorder of the Court, as the Charter of 1798. The judiciary in Bombay has been completely changed for the better through the creation of this Court. It consisted of a mayor, three city councilors and a recorder appointed by the Crown as a lawyer of at least 5 years. The first was Sir William Syer. The official association of Indians in the administration of the law began with the creation of this Court.

A Hindu Pandit from the law of the Shastra and Mussalman Malvi, from the law of the Shari'a was appointed to the recorder in the determination of where the points of law and Hindus Mahommedan. Recorders courts made a big step towards the abolition of the Order of the judiciary. This Court was the first pass. Jones's House Marine in the street, and in 1800 in the Admiralty House, also known as a "Hornby", later known as the "Great Western Hotel, on the street Apollo. This building housed the Court recorder 1824.
The Supreme Court
In 1773 the Regulating Act was passed and Warren Hastings is appointed Governor General of Bengal. The Calcutta High Court was established for the evils of the system that prevails. In 1823, an Act of Parliament, the Crown to a high court in place of the recorder of the Court of Bombay by Royal Charter. The power belongs to the recorder of the Court to be transferred to the Supreme Court. The Supreme Court of Bombay was to be vested with the same powers and authority, and would be subject to the same restrictions and limitations that the Supreme Court in Calcutta by the 17th section of the Act of 1823. The Court was officially opened in Bombay on 8 May 1824.

The Supreme Court functioned from 1824 to 1862. The purity and prestige of the judiciary is increasing. English barristers began practice in Bombay and some of them achieved distinction in the High Court later. Several important decisions were taken to the Supreme Court, which is an important contribution to the development of law in India. The main source of inspiration for the Supreme Court and the High Court in its early years, the law of England and outside of Hindus and Mahommedan laws, the principle of common law and equity that have been recorded with a slight modification in the courts and the principle of Indian law acts later. In the first century of British justice in Mumbai, there is no overview of all the Indian judge or lawyer. Only after the creation of the High Court that the Indian lawyer began to appear only in the High Court.

The Supreme Court has its own shortcomings and inadequacy of the Full Court of the power have been brought on the authorities in England. In 1852 he was the Parliamentary Committee on Indian Affairs is that it is desirable that the Supreme Court and Sadar Adalat in each must be consolidated. This led to the adoption of the Law on the High Court in India by the British Parliament in 1861 for the establishment of High Courts in the three presidencies in place of the Supreme Court and Sadar Adalat. After the mitigation of 1857, the company was dissolved and the Government of India was acquired by the Crown in 1858. This created a sense of responsibility to the British government for the administration of India and to take full advantage of the judicial system has taken place.
The High Court of Bombay
The Supreme Court Act 1861 of India, granted to Her Majesty the Queen of England to issue letters patent under the Great Seal of the United Kingdom and to establish the High Court of Calcutta, Madras and Bombay. The Indian High Courts Act, 1861 does not in itself create and establish the High Court in India. The purpose of the Act provided for the merger of the courts and the Sudder Adalat in the three presidencies and be consumed by the Patent Letter. The Charter of the High Court of Bombay was published on June 26, 1862.

The Bombay High Court was inaugurated on 14 August 1862. The High Court shall have original and a former secondary appellate jurisdiction of the Supreme Court, and the last one in the Diwan Sudder Adalat and Sudder Foujdari, which were merged in the High Court. With the creation of the High Court, the Criminal Code, the Code of Criminal Procedure and the Code of Civil Procedure are defined in law.

Letter Patent of the Bombay High Court has authorized 15 judges, but started with only 7. It should be noted that nearly 60 years, the High Court to withdraw only 7 judges, but at an advanced age, legislation and litigation both increased. There is no indication that this limited information was found insufficient to continue the work until 1919. With the cease-fire at the end of the First World War, there was a flurry of litigation in the city of Bombay. The number Suites Original filed on the side, which during the war was reduced to about 500 to about 7000, the master of evil has to prepare for the daily conduct of 3 judges. Only then, one additional judge was sought and obtained voluntarily. Bombay is lucky or unlucky enough to have this crisis, Chief Justice of exceptional caliber, Sir Norman McLeod, who instead of multiplying the judges prefer to deal with massacres and appeals.

The Charter of the High Court also made it the highest and final court of appeal in all cases, civil and criminal cases by lower courts, unless the possession of the required interest financial or legal, for which a further appeal to the Judicial Committee of the Privy Council.

Since the Constitution of the Privy Council that the Court of Appeal of British India by a statue of 1833, the bulk of its operations from Indian occupation, so that the Indians call a judge or a lawyer of the Indian experience was subsequently involved in the commission. The Bombay High Court is represented on the Judiciary Committee distinguished by three judges and four prominent lawyer, Sir Richard Couch, Sir Lawrence Jenkins and Sir John Beaumont, the chief justices. Lawyers who have practiced in the High Court of Bombay, before being appointed to the Judicial Commission were Sir Andrew Scoble, Sir George Lowndes, Sir DF Mulla and MR Jayakar.

The decisions of the Privy Council, in general, have been received in India with full satisfaction, and some of them contain light exposure of the Anglo-Indian, including the principles of Hindu law and Mahommedan. But once or twice, following perspectives on the appropriate statue of an Indian or a revolutionary construction of part of their decisions, some confusion and consternation

All the charters of the courts in India by the Mayor of the Court of the High Court are silent regarding the jurisdiction of the Privy Council in criminal matters in India.

The last call of India, was eliminated by the Privy Council on 15 December, 1949. Thus came the end of India for 200 years with the Privy Council on 26 January 1950, the Federal Court gave the Supreme Court of India under the new constitution. The Supreme Court of India is the highest court in the country. and is empowered to issue directives of the Order of short, such as habeas corpus, mandamus, certiorari, prohibition of the enforcement of fundamental rights guaranteed by the Constitution of India's population. The Supreme Court has been the guardian of freedom and liberties of the Indian population.

The High Court was first housed in a building called the Apollo Street Admiralty House, where the Recorder's Court and Supreme Court have held their meetings.



Work on the present building of the High Court began in April 1871 and completed in November 1878 and is located between the University and the building of the Secretariat of Public Works and 562 meters long by 187 wide. The total height to the east is 90 meters and the central office is 178 ½ feet high. The building style is early English Gothic was designed by Colonel JAFuller, RE and was completed at a cost of about Rs 16,44,528 Rs 3000, lower than the estimate sanctioned. The walls of debris and to cope with chunam blue basalt and some dressed in reasons. Judges have two private stairway on the west side of the building of the Octagon tower on either side of the veranda. The main staircase and the entrance to the general public on the east.

Some non-architectural feature of the present building consists of a number of images in strange angles and corners of walls and roof of the west corridor, which are different heads of wolves and foxes with Board bands around their necks. An excellent performance of a sculptor in the first and second floor of the image of a monkey-yard (probably suggested by ring blade shrimp fable of the monkey and the two controversial judicial cats) with an eye to the inequality the band between scales of justice. There is a story behind this sculpture. It is said that there is a dispute between the contractor and under the Con-tractor, which was a Parsi, the distribution of loot. The Parsi put a suit and lost. As some of arrival to the disgruntled, claiming Avenged own Law and Justice (two lawyers and the court), stone and plaster in the above manner.
The true symbol of Justice, the stone statue of the goddess of justice, is the central front on the west of the High Court. She is represented with both eyes between tires and the sword of justice in one hand and the Scales carefully, even in the other.
Banks in the High Court
After the reorganization of the States of November 1, 1956, the State of Bombay and the jurisdiction of the High Court were extended stretches.
Banks in the High Court were set at Nagpur Rajkot and treat cases from Vidharbha and Saurashtra districts, respectively. In 1960, the formation of the State of Gujarat, the Gujarat High Court was established. In 1981, a formation of the High Court was informed in Aurangabad and the permanent establishment was founded in 1984 by order of the President. According to the High Court of Bombay (Extension of the jurisdiction of Goa, Daman and Diu) Act 1981, Panaji (GOA) Bench of the High Court for the Union territory of Goa, Daman and Diu was inaugurated in 1982 . Later, reached Goa in 1987, the High Court came to power.
During the two states of Maharashtra and Goa and the Union territory of Dadra and Nagar Haveli and Daman and Diu. The High Court now has a sanctioned strength of 75 judges.

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