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Saturday, October 26, 2013

Two Parallel System of Courts

Until 1861 there existed in British India two parallel systems of judicial institutions of entirely dissimilar origin, one in the presidency towns where Crown Courts had been established be Royal Charters and Acts of Parliament, the other in the moffussils where courts were organised by the Company by virtue of the powers derived from the native governments. Until 1834 the former were amenable only to the legislative authority of British Parliament and such Regulations of the Indian government as the Supreme Courts might choose to acknowledge and register. The Moffussil Courts administered Hindu and Mohamedan laws amended and supplemented by Indian legislation and, generally speaking, had no jurisdiction over the Europeans. The Crown Courts followed the English law of procedure and also applied, for the most part, English law except in certain classes of civil suits instituted against Hindus and Mohamedans.
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