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hi, this is just a shit post, only to download other stuff, Study notes of Law

University of RajasthanLaw

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Judicial Plan of Warren Hastings 1772, 1774 and 1780
The Judicial plan of 1772 was devised into several districts. On each district an
officer, an English servant of the company, was appointed as the Collector. He was
primarily responsible for the collection of revenue in the district. He was to preside
as the Judge in the Mofussil Diwani Adalat, and to exercise a supervisory control
over the Mofussil Nizamat Adalat in his district.
The Mofussil Diwani Adalat was established in each district for deciding civil
cases including real and personal property, inheritance, caste, marriage, debt,
disputed accounts, contracts, partnerships and demands of rent. Mofussil Nizamat,
i.e., Fauzdari Adalat was also established in each distric for the trial of criminal
cases.
Besides the lower courts established in every district, two superior courts of justice
were established at Calcutta-Sardar Diwani Adalat and the Suddar Fouzdari
Nizzamat Adalat.
The system which Hastings established in 1772 was defective. Under it the Collector
enjoyed very wide powers and was the administrator, the Judge and the Magistrate
in the district. They carried on their own trade utilized their powers to their own
selfish ends. Hence the judicial plan of 1774 was formulated by Hastings. Some of
the main features of this plan were as follows:
(1) The provinces Bengal, Bihar and Orissa were divided into 6 divisions. In each
of these divisions a small council renowned as the Provincial Council was
appointed whose function was to look after the collection of revenue in the
division.
(2) Each division was sub-divided into several districts. In each district, an Indian
officer known as the Diwan was appointed in place of the Collector. The
Diwan was responsible for the collection of revenue in his district.
(3) In all cases decided by the Mofussil Diwani Adalat appeals could go to the
Provincial Council of the Division as the Provincial Court of Appeal.
These are some important points in that plan:
1.Warren Hastings Administrative plan divided territory of Bengal, Bihar and Orissa
into number of Districts.
2.In each District an English servant of the company was appointed as collector who
was to be responsible for the collection of land revenue.
3.Establishment of Mofussil Diwani Adalat
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Judicial Plan of Warren Hastings 1772, 1774 and 1780

The Judicial plan of 1772 was devised into several districts. On each district an officer, an English servant of the company, was appointed as the Collector. He was primarily responsible for the collection of revenue in the district. He was to preside as the Judge in the Mofussil Diwani Adalat, and to exercise a supervisory control over the Mofussil Nizamat Adalat in his district. The Mofussil Diwani Adalat was established in each district for deciding civil cases including real and personal property, inheritance, caste, marriage, debt, disputed accounts, contracts, partnerships and demands of rent. Mofussil Nizamat, i.e., Fauzdari Adalat was also established in each distric for the trial of criminal cases. Besides the lower courts established in every district, two superior courts of justice were established at Calcutta-Sardar Diwani Adalat and the Suddar Fouzdari Nizzamat Adalat. The system which Hastings established in 1772 was defective. Under it the Collector enjoyed very wide powers and was the administrator, the Judge and the Magistrate in the district. They carried on their own trade utilized their powers to their own selfish ends. Hence the judicial plan of 1774 was formulated by Hastings. Some of the main features of this plan were as follows: (1) The provinces Bengal, Bihar and Orissa were divided into 6 divisions. In each of these divisions a small council renowned as the Provincial Council was appointed whose function was to look after the collection of revenue in the division. (2) Each division was sub-divided into several districts. In each district, an Indian officer known as the Diwan was appointed in place of the Collector. The Diwan was responsible for the collection of revenue in his district. (3) In all cases decided by the Mofussil Diwani Adalat appeals could go to the Provincial Council of the Division as the Provincial Court of Appeal. These are some important points in that plan: 1.Warren Hastings Administrative plan divided territory of Bengal, Bihar and Orissa into number of Districts. 2.In each District an English servant of the company was appointed as collector who was to be responsible for the collection of land revenue. 3.Establishment of Mofussil Diwani Adalat

4.As per Warren Hastings plan a Mofussil Diwani Adalat was established in every district with collector as the Judge. The court was authorized to decide all civil cases like disputes regarding properties, inheritance, marriage, caste, debts, disputed accounts, contracts, partnerships and demands of rent. 5.Where ever possible religious laws of Muslim as well as Hindus were followed and applied .E.g. Caste, marriage, inheritance etc. 6.As English servant who was appointed as Collector did not understand the religious laws , Kazis and Pundits were appointed to help him 7.The decisions of the Mofussil Diwani Adalat in cases up to Rs.500 were final. 8.Establishment of Small Cause Adalat – 9.As name says, this Adalat decided petty cases up to Rs. 10 .The Head farmer of the Pergunnah became the judge. This system was designed to save the traveling expenses of poor farmers, as they did not need to travel to the district place for justice. 10.Establishment of Mofussil Fozdari Adalat – 11.In every district a mofussil nizamat or fozdari adalat was established to try all criminal cases. 12.The adalat consisted of the Muslim kazi, mufti and moulvies. 13.The moulvies interpreted the Muslim law of crimes. 14.The Kazi and Mufti gave fatwa and render judgment. 15.In this adalat collector exercise general supervision over the Adalat, and saw that no corruption was made in the case. The judgment was given impartially. 16.This Fozdari adalat was not allowed to handle cases where punishment was death sentence or forfeiture of property of the accused. Such cases went to Sadar Nizamat Adalat for final orders. 17.Establishment of Sadar Adalats –

  1. Firstly two courts were established namely Mofussil Diwani Adalat and Mofussil Fozdari Adalat over them 2 superior courts were established namely Sadar Diwani Adalat and Sadar Nizamat Adalat. 19.The sadar diwani adalat was consisted of Governor and members of the council and was to hear appeals from the mofussil diwani adalat in the cases over 500 Rs.

38.The other clever intelligent system Warren Hastings kept alive was that following Hindu laws for Hindus and Muslim laws for the Muslims. 39.In this plan collector got the many powers, collector was the administrator, tax collector, civil judge and supervisor over the criminal courts. 40.With this collectors got the unlimited powers and Warren Hastings knew this that collectors will become corrupt and he already told the company directors about this defect of this plan. The directors of the company understood the fear and reality of this plan. 41.In the year 1773, Company directed the Calcutta council to withdraw the collectors as they became very corrupt. 42.After this Calcutta Government introduced new plan for the collection of revenue and administration of Justice on November 23, 1773 and put it into force in the year

Plan of 1774 –

43.With this plan collectors were recalled from every district. 44.In place of Collector an Indian officer was appointed called as Diwan or amil. 45.Diwan got the power to collect the revenue as well as act as a judge in the Mofussil diwani adalat. 46.The territory of Bengal , Bihar and Orissa was divided into six divisions with their head quarters at Calcutta, Burdwan, Murshidabad , Dinajpore, Dacca and Patna 47.In each division many districts were created. 48.The complete Bihar came under the Patna Division 49.A provincial Council consisting of four or five English servants of the company were appointed in each division to supervise the collection of revenue and to hear appeals from the cases decided by the amil , the Indian diwan. 50.The appeals from this Provincial council were allowed if the case amount was more than Rs. 1000. The appeal went to Sadar Diwani Adalat. 51.This time also Warren Hastings new that the Provisional council will do the more harm and more corruption than the Collectors. Warren Hastings thought this plan as a temporary plan but Regulating act was passed in this time and Warren Hasting could not change the plan until year 1780

Judicial Plan of 1780, First Indian Civil Code Prepared: Warren Hastings

knew that the judicial plan of 1774 was not perfect, and when Warren Hastings again got the chance and He made changes to the judicial plan of 1774, On April 11, 1780 new plan was introduced. As per the plan of 1780 judicial and executive functions were separated. Adalats – Function to do civil justice, no revenue work Provincial Council - No judicial work, only revenue related work, collection and revenue cases. But with this plan the problem was that, area was vast and adalats were few to administer those large areas, because of this, cases were more, time was limited with the judges and thus arrears piled up in every adalat. 2nd problem was that witnesses have to travel lot to reach the adalats There was only one Adalat in the whole of Bihar. Because of this people thought it is better not to file the cases in courts, as filing cases in court meant, delayed justice, physical harassment, waste of time and money. As per the judicial plan cases up to Rs.100 were referred to the person who stayed near the place of litigant ,but before this it was compulsory to file the case in the Adalat, and 2nd problem was that the person who work as judge has to work as a honorary judge and he did not get any salary. The Zamindar or public officer acted as an honorary judge and they charged money for this and also zamindar got the chance to do corruption as he became the honorary judge. Warren Hasting was not satisfied with the plan of 1780 he always thought about the improving judicial system in India. The judicial system of East India Company. On 29th September 1780 Warren Hastings proposed in the Council that chief justice Sir Elijah Impey be requested to accept the charge of the office of the Sadar Diwani Adalat. Impey accepted this offer. He remained in Sadar Adalat for a year but he introduced, made lot of reforms in sadar adalat. Impey Drafted many regulations to reform the adalats. On November 3, 1780 first reform, regulation was passed to regulate the procedure of the diwani adalats.

A new department, office of the Remembrancer was created at Calcutta to keep watch on the functioning of criminal adalats. The department was to work under the Governor General. The head of the department was known as Remembrancer of criminal courts. All criminal courts were required to send periodical reports to this department. Everything was done as per the Muslim criminal law and Warren Hasting was not happy with many things, and wanted to reform them, he tried his best but company heads did not accept his views. Because of this in criminal justice system, everyone made money using the corrupt ways.