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Saturday, October 26, 2013

Provincial civil Court

The Sudder Dewany Adalawut, established at Calcutta and hearing appeals from the Provincial Courts, and the Board of Revenue, consisted originally of the Governor-General and Council. By a Regulation of 1801 it was made to consist of three judges to be selected from the members of the convenanted service, and in 1811 of a Chief Justice and as many Puisne judges as the Governor-General in Council would consider necessary. These regulations had the effect of separation of the executive and legislative from the judicial authority of the State. At the same time Zillah and City Courts for the trial of civil suits in the first instance, and six provincial courts for the purpose of hearing appeals from these were established; their jurisdictions were defined, and judges were directed to act, where no specific rules existed, in accordance with justice, equity and good conscience. There existed at this time five classes of provincial civil courts:

(i)  The lowest in grade were the courts of Commissioners called Sudder Ameens and Moonsiffs, empowered by a Regulation if 1793 to decide civil suits of the value not exceeding Rs 50.

(ii) Register Courts, empowered to try causes for amounts not exceeding Rs 200, when authorised by the judges. Their decrees were not valid until revised and counter-signed by the judge.

(iii) Dewany Adawluts or City and Zillah Courts.

(iv) Provincial Courts, hearing appeals from the courts of the third class.

(v) Sudder Dewany Adawlut, vested with the appellate jurisdiction and general power of supervision over the inferior courts in all suits of the value above Rs 100.

                    Under Regulation V of 1831 several important changes were made. Register courts and the Provincial Courts of Appeal were abolished. Moonsiffs' Courts were empowered to try suits of the value of Rs 300 and to the Sudder Ameens suits could be referred by judges of which the value did not exceed Rs 5,000. Original jurisdiction was given to the judges in all suits exceeding Rs 5,000 in value with an appeal direct to the Sudder Dewany Adawlut.

The system of Civil Courts established by Lord Cornwallis in Bengal was adopted in Madras presidency in 1802. Revenue and Civil Courts were kept distinct. As in Bengal the judiciary in Madras consisted of the Register Courts, Dewani  Adawluts, Provincial Court of Appeal, and the Sudder Court consisting of the Governor in Council. Where the value involved was Rs 45,000 or more, a further appeal lay to the Governor General in Council. By Regulation III of 1807 the Governor ceased to be a judge. In 1826 the heads of villages were appointed Moonsiffs with the power to try suits of the value not exceeding Rs 10. Village Panchayats could also determine suits of any amount within the jurisdiction of the villages. In 1843 the Provincial Courts of Appeal were abolished, and new Zillah Courts established.

                               In Bombay also Civil Courts were established after the Bengal Regulation of 1793. In 1845 the appointment of joint Zillah judges was authorised.

  

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