jamita Law Series © 167 ‘ona ) — - zg History of Courts state the importance of the Indian Hi 1861 and discuss the provisions of the s Refer Q4 (a) (Nov 08), igh Courts Act of ame. explain the concept of Rule of law an functioning in India after independence, Refer Q4 (b) (Nov 08), d highlight its Explain the growth of legal profession in India with reference to the provisions of the Indian Advocates Act, 1961. | Refer Q4 (d) (April 10). May 2016 Qi. Answer the following in one or two sentences- a) A. How did the East India Company acquire the Diwani Rights of Bengal, Bihar and Orissa? The Company defeated the Nawabs in various battles and made a treaty with the Mughal emperor in 1765 and under the treaty the emperor Shah Alam granted the Diwani Rights of Bengal, Bihar and Orissa to the East India Company in exchange of 26 lakh rupees to be paid by the Company to Emperor annually. b) What are the main drawbacks of the Mayor's Court? A ii) i) The Judges of the Mayor’s Court were laymen and not lawyers. There was no separation between the executive government of the settlement and the judiciary. iii) The judges of these courts were not honest and impartial. c) Which Court replaced the Courts of Requests in 1850 and A mention its jurisdiction? In 1850, the Courts of Requests were abolished in the three Presidency Towns and in its place Small Cause Courts were established. Their jurisdiction was further extended to Rs. 500., 168 Namita Law Series © History of Courts i between the Mofussil p; t was the difference | sit Ding, % wialat ‘and the Sadr Diwani adalat? on aeaesil Diwani Adalat headed by collector as the judge y, Ae serplished in each district. There were two law officers names Kazi and pundit to assist the judge. This Court was empowered : ivil like real and personal prope to decide all civil cases” Perty, cast ro,crage etc. The Kazi was for Muslims and pundit for st Hindus. Appeal from this Court would lie before ‘Sadar Diwani Adalat’ if the value of the suit was above Rs. 1000/-. e) What are the main aims of Cornwallis reforms of 17872 A. Refer Q20. f) What are the basic essentials of the Rule of Law? A. Refer Q4 (d) (Nov 08). g) What is ‘lex loci’? A. Refer Q4 (f) (April 10). h) Who headed the first Indian Law Commission and which was the first code drafted by it? A. Refer Q4 (f) (April 10). i) What are the punishments prescribed by the Bar Council of India under Section 35 of the Indian Advocates Act, 1961? A. Refer Q1 (vii) (Nov 09). j) What is the objective of the Article 32 of the Indian Constitution? A. Refer Q2 (a) (Nov 08). Q2.Write short notes- a) Objectives of the Indian High Courts Act, 1861. A. Refer Q4 (a) (Nov 08), b) Difference between prohibition and certiorari. \ Prohibition and Certiorari are similar as both are issued by the Superior Courts to the inferior Court or Tribunal or body Sxercising judicial or quasi-judicial function, The object of bothNat ‘) A A e) A x i 169 mita Law Series © History of Courts the writs is to restrain the inferior Courts or tri exceeding their jurisdiction. The fundamental dean om between the two writs is that prohibition is issued before the proceedings are completed while Certiorari is issued after the decision is given by the inferior Court or Tribunal. A prohibition will lie when the proceedings are to any extent pending and it cannot be issued where the inferior Court or tribunal has ceased to exist and Certiorari for quashing after they have terminated in a final decision and there is no limitations as to the issue of Certiorari. If the decision is given by the inferior Court but it does not completely dispose of the matter, both Certiorari and Prohibition can be issued- Certiorari for quashing what had been decided and prohibition for Prohibiting the inferior Court to proceed further with the matter. Jurisdiction of the Mayor's Court, Refer Q9. Advantages of Law reporting. Refer Q2 (e) (Nov 2008). Doctrine of ‘Stare Decisis’. Doctrine of stare decisis: Doctrine of stare decisis is a Latin phrase which means the binding force of precedents or to stand by the decided cases. It is to maintain former adjudications. It can be traced to the practice of reporting judicial decisions by law reporters, and this doctrine is also recognized by Article 141 of the Indian Constitution, which lays down that the law declared by the Supreme Court of India shall be binding on all Courts in India. The rule of stare decisis means that where a rule has once become a settled law it is to be followed although some inconvenience may grow from a_ strict observance of the same. Two conditions must be satisfied before the doctrine of stare decisis can be established. Firstly, there must exist reliable reports of the cases. Secondly there must also be settled judicial structure. Stare decisis Means the following up of decisions. The doctrine of stare decisis only mean that where a rule has become settled law, it is to be followed although some possible inconvenience may Grow from a strict observance of it, or although a satisfactoryNamita Law Series © 170 History of Courts i , or although the principle and the policy of TIT Renbetgeesicnedl Thus, where a certain translation of texts of Hindu Law has been accepted and acted upon by courts of law as correct and on which questions of title to property have been decided, the principle of state decisis would apply to prevent a reopening of the whole question involved on the ground that such translation is wrong. The principle of stare decisis is applicable only where the effect of departing from an established rule of decision will be to unsettle transactions which have been previously supposed to be finally settled. Under the state decisis rule, a principle of law which has become settled by series of decisions generally is binding on the courts and should be followed in similar cases. This rule is based on expediency and public policy, and, although generally it should be strictly adhered to by the courts, it is not universally applicable. Previous decisions should not be followed to the extent that grievous wrong may result; and accordingly the courts ordinarily will not adhere to a rule or principle established by Previous decisions which they are convinced is erroneous. The rule of stare decisis is not imperative or inflexible as to preclude a departure therefrom in any case, but its application must be determined in each case by the discretion of the Court and Previous decisions should not be followed to the extent that error may be perpetuated and grievous wrong may result, f) Role of Bar Council in legal profession, A. Refer Q2 (e)(Nov 09). Q3. Situational problem- a) Shahbaz Khan did not have a male issue/heir when he died in 1776. His nephew Bahadur Beg came into conflict with his wife Nadirah Begum and approached the Provincial Council. i) What was the main issue in this case? A. Refer Q1 (Patna Case). ii) What does the case depict and explain its significance? . Refer Q1 (Patna Case),namita Law Series © im History of ¢ ‘ourts The Trial of Raja Nand Kumar was the fi isi which led to the growing enmity between toe an court and the Governor in Council. The judges eee on the independence of judiciary and in ee interferente of the Council, the Supreme Court began a xercise the administration of justice j ia in i oa of justice in India in its own i) Describe tre charges framed in this trial. ji) Was the decision held in this i i i case fi 0 reasons. alr or not? Give A. Refer Q. No. 3(a) of Nov. 2010 b) c) Swaroop Chand was a surety responsible for the payment of revenue of the Company from Dacca. The balance due was fixed at Rs. 10,000/-. He disputed the balance in his Capacity as the treasurer of revenues of Dacca provincial division. He was found in default to the treasury to the extent of Rs. 66,745/-. i) What was the defense taken by him in the present case? ii) What was the decision taken by the Supreme Court? A. Refer Q3 (a) (Nov 11). Q4. Answer briefly- a) Give a brief account of the conflicting and defective provisions of the Regulating Act 1773, which led to its failure. Defects of Regulating Act 1773- i) Governor General was answerable to the Directors and was held responsible for all acts pertaining to the administration in India, But he was not given a free hand as he was bound by the majority decisions of his council. Though this is understandable as part of the system of checks and balances, yet it resulted in the council taking decisions for which the Governor-General alone was held ., accountable, il) Though the Governors were subordinate to the Governor: General but in actual practice, they acted independently of Bengal. They justified their action by saying that the matter Was urgent and decisions could not be delayed. A,Hi Namita Law Series © im istory of Courts i of jurisdiction between the Supreme Council " Tenant General in Council) and the Supreme Court was a drawback in the Act of 1773. . a iv) The Act entrusted the entire civil and military administration of the Diwani provinces to the Governor-General and Council, But the Supreme Court was also authorised to take notice of cases not only against British but also native employees of the Scteatla punish all persons who committed acts of oppression either in the exercise of Civil jurisdiction or in the collection of revenue. But the Act did not specify whose authority would be final in case of a conflict between the Council and the Court. vi) The drafting of the regulating Act was provided to be defective as the language used was ambiguous and the framers of the Act without proper knowledge as to Indian affairs introduced various reforms in the Executive (The Governor General and Council/The Supreme Court). But there was no co-ordination between them and it resulted in serious conflicts. vii) The expression ‘British subjects’ and ‘subjects of His Majesty’ in the Act were not well defined. viii) The Act did not draw a distinction between the administration of Calcutta and the administration of Bengal, Bihar and Orissa. ix) The Act did not define properly the jurisdiction of the Supreme Court. This resulted in serious conflicts between the Executive and Judiciary. Illustrative cases in this point are: Trial of NandKumar, Patna Case, Cossijurah Case, and Kamal-ud-din case, vy) b) Briefly describe the High Courts Act of 1861 and highlight its advantages. A. Refer Q4 (a) (Nov 08). c) Explain the needs for the Law Commission in India with special reference to the contributions made by the First Law Commission in 1834. Refer Q4 (f) (April 10), P d Explain the concept of the Rule of Law and highlight its functioning in India after independence. A, Refer Q4 (d) (Nov 08).gota Law Series © "8 History of Courts explain the growth of legal profession j e) reference to the provision of the Advocates Act tense a, Refer Q8: 7 . i Writ jurisdictio: a explain the J nm under the Constituti f) india. and describe the principles applied oom ta adjudication. its a. Refer Q4 (c) (Nov 08). Dec 2016 qi. Answer the following in one or two sentences- a) What were the drawbacks of the Choultry Court in Madras? A, i) There was no fixed procedure for the trial of serious criminal cases and procedure varied from case to case; ii) The judge of Choultry Court was layman and not lawyer; iii) the Choultry Court could decide only small civil and criminal cases; iv) There was no separation between executive and the judiciary. Name the officials who constituted the Mayor's Court, A. Refer Q1 (d) (Nov 08). ‘) What was the purpose of the First Law Commission appointed in 1834? A. Refer Q4 (f) (April 10). 4) What were basic features of the Plan of 1772? A. Refer Q19, *) What does the term ‘due process of law’ connote? A. American expression “due process of Law” eee Sovernment on principles of law and not for man; la really rule and that justice should prevail. ) Why is the separation of power important? Refer Q2 (b) (April 09). >Namita Law Series © is History of Courts g) Define Writ under the Constitution of India. A. Refer Q4 (c) (Nov 08). h) What are judicial precedents? A. Refer Q1 (j) (Nov 08). i) Name any two quali ‘ations necessary for a person to be admitted as Advocates under Advocates Act, 1961? A. Refer Q1 (ii) (April 10). j) Whatis right under Article 21 of the Indian Constitution? A. Refer Q1 (x) (April 10). Q2.Write short notes- a) Conflict between the Supreme Court and the Supreme Council. A. Refer Q2 (c) (Nov 08). b) Dual judicial system. A. Refer Q4 (e) (Nov 08). c) Advantages of Codification. A. Refer Q2 (c) (April 10). d) Functions of State Bar Council. A, Refer Q2 (e) (Nov 2010). e) Consequences of the Charter Act of 1726. A. Refer Q2 (d) (April 09). f) Court of Record. A. Refer Q14, Q3. Situational problem- 3) In Murshidabad provincial Council Gora Chand Dutt filed due auainst Mirza Jaleel for the recovery of the sum due pom him and Mirza claimed that a larger sum was by Gore chat, The Council dismissed the action brought ra Chand and accepted the counter claim made bY~ pur series © 175 History of Courts nal irza jaleel. Gora Chand brought a suit in the Supreme ure against Hossiyar, the chief of the Provincial ncil. A cnet are the contentions of Gora Chand Dutt before the reme Court? what does the case reveal about the proceedings of the supreme Court? Refer Q- No. 3(a) of Nov 2015 The conflict betw een the Supreme Council and Supreme court which began after the Regulating Act reached the climax in this case. The Supreme Court claimed its jurisdiction over the whole native population which was strongly opposed by the Supreme Council. The Committee presented the detailed report on the conflict between the Supreme Court and the Council. The Parliament passed the Act of settlement, 1781. i) Identify the case and briefly give the facts. il) What was conflict between the Supreme Court and Supreme Council? A. Refer Q3 (c) (April 12). was a vakil of the Nawab Mubarak- ud-Daula against whom a case of conspiracy was instituted by Warran Hastings. On the behalf of the Council, a letter was written to the Judge of the Supreme Court regarding immunities allowed to the representatives of the native princes. i Elucidate the facts of the above case? | Describe the conflict of laws involved and also mention a EY decision of the Supreme Court. ' Refer Q2(b) (April 09). Radhacharan Mitra 4. Answer briefly- r’s Court with special a the Mayor’s court and pe cuee the working of the Mayo! fe erence to the conflict between AR e Governor in Council. fer Q. No. 4(f) of Nov. 2008.Namita Law Series © 176 History of Courts b) Explain the growth of legal profession in’ India with reference to the provision of the Advocates Act, 1961, A. Refer Q8. ¢) Discuss in details the influence of English Law on India with reference to the concept of Precedence. A. Refer Q2 (d) (April 09). 4) Explain the provisions of the Advocate Act, 1964 with Special reference to disciplinary committee and. its powers. A. Refer Q. No. 4(d) of April 2009. e) Enumerate the different kinds of writs as enshrined under Articles 32 and 226 of the Constitution of India, Also describe the principles applied in the adjudication of Writs. A. Refer Q. No. 4(c) of Nov. 08. f) Compare and illustrate the salient features of the High Courts under the Government of India Act 1935 and the Courts of India in present times? A. Refer Q4 (e) (April 10). April 2017 Q1. Answer the following in one or two sentences- a) What was the role of Choultry Courts in 1639? A. Refer Q1 (vi) (April 15). b) What was the Purpose of the Government of India Act, 1935? A. Refer Q2 (d) (Nov 08) ¢) Why is the Supreme Court considered as the Apex Court of India? A. Refer Q1 (x) (Nov 11).ies © 7 amit? Law Series History of Courts what is the purpose of Law Reporting in India? ) Prefer Q2 (e) (Nov 08). d 4. Ref what is the theory on which the conce, pased? . refer Q1 (vii) (April 12). ) Pt of rule of Law is be what is the contribution of the First law 7 Commission? Refer Q4 (f) (April 10). rs what is ‘lex loci’? A. Refer Q4 (f) (April 10). h) What is the oject of Writ of Quo Warranto? A. The ‘Writ of Quo Warranto’ questions the title as to the holder of an office. The term ‘Quo Warranto’ means, “By what authority”. It is a judicial order asking a person, who occupies public office, to show by what authority he holds the office. If it is found that the holder has no valid title, then the Writ of Quo Warranto is issued to him to vacant the office. i) Why is independence of judiciary necessary in the administration of justice? A. Refer Q2 (a) (April 09). i) Who is empowered by law to punish the Advocates for misconduct? A. Refer Q1(vii) of April 2010 Write short notes- ®) Diarchy in India. " Refer Q2(b) of April 2009. b) Pri AR inciples of Natural Justice. efer Q15. 9 Conditions for becoming a Council of India. Refer Q1 (ii) (April 10). nd Advocate under the BarNamita Law Series © 178 History of Courts d) Importance of Mayor’s Court. | A. Refer Q2 (f) (Nov 2008). j | e) Major Reforms made by Cornwallis code. A. Refer Q20. f) Working of Supreme Court in Calcutta. A. Refer Q. No. 2(c) of Nov. 2008. Q3. Situational problem- a) The conflict between the Supreme Council and Supreme | Court which began after the Regulating Act reached the climax in this case. The Supreme Court claimed its jurisdiction over the whole native population which was strongly opposed by the Supreme Council. The Committee presented the detailed report on the conflict between the Supreme Court and the Council. The Parliament passed the Act of settlement, 1781. i) Identify the case and briefly give the facts. ii) What was conflict between the Supreme Court and Supreme Council A. Refer Q3 (c) (April 12). b) The judgment of the Supreme Court in this case provoked the members of the Council. It increased the conflict and also created panic among the local population of Calcutta. In this case, the jurisdiction of the Supreme Court and right of the Court to try action against the judicial officers of the company for an act done in their capacity was questioned. i) What was the main issue in this case? A. Refer Q1. ii) What were the effects of the decision held by the Supreme Court in this case? A. Refer Q1, ¢) The Trial of Raja Nand Kumar was the first decisive event which led to the growing enmity between the Supreme Court and the Governor in Council. The judges insistedNamita Law Series © 179 History of Courts on the independence of judiciary and in spite of interference of the Council, the Supreme Court began to exercise the administration of justice in India in its own way. i) Describe the charges framed in this trial, ii) Was the decision held in this case fair or not? Give reasons. A. Refer Q. No. 3(a) of Nov. 2010 Q4. Answer briefly- a) What are the salient features of the Government of India Act, 1935? A. Refer Q2 (d) (Nov 08). b) Describe the role of Law Co: towards the law reforms? A. Refer QIV (6) of April 2010. mmission in modern India c) Explain the dual system of Co between 1834 to 1861. A. Refer Q4 (e) (Nov 08). urts prevailing in India Explain the concept of Writ Jurisdiction under the Constitution of India. Elucidate the same. A. Refer Q. No. 4(c) of Nov. 08. e) Explain the provisions of Advocates Act, 1961 with special reference to its disciplinary powers Advocates? A. Refer to Q4 (d) (April 09). over Discuss the working of the Mayor's Court with special reference to the conflict between the Mayor’s court and the Governor in Council. » Refer Q. No. 4(f) of Nov. 2008. i ion in India with Explain the growth of legal profession in reference to the provision of the Advocates Act, 1961, Refer Qs. >Namita Law Series © 180 History of Courts January 2018 Q1. Answer the following in one or two sentences- a) A. b) A. c) A. g) What constitutes the dual system of Courts? Refer Q1 (b) (April 09). How can a judge of a High Court be removed? The judge of Supreme Court or High Court cannot be removed or terminated except by impeachment motion with two-third majority in the Parliament. Name any two objectives of the Advocates Act, 1961? The Advocates Act, 1961 establishes an All India Bar Council and a common roll of Advocates. An Advocate on the common roll has a right to practice in any part of India, and in any court, including Supreme Court of India. Any Advocates may be designated as a Senior Advocates, if the Supreme Court or High Court thinks it proper. State the two principles on which the concept of Rule of Law is based. Refer Q4 (d) (Nov 08). Define the writ of Certiorari? Refer to Q4 (a) (Nov 08). State the jurisdiction of the Mayor’s Court under the Charter of 1688? The Mayor’s Court under the Charter of 1687 was created by the Company. The Charter of 1687 created only one Mayor's Court at Madras and it did not touch the judicial system prevailing in other settlements, presidencies under the Company. The Mayor's Court established under the Charter of 1687 enjoyed both civil and criminal jurisdiction. Where the Supreme Court was first established in 1774 and where would the appeals from this court be heard? The Supreme Court was first established in Presidency of Calcutta in place of Mayor’s Court under the Charter of 1773. Inyamita Law Series © 181 History of Courts civil matters, appeals from the Supreme Court the King in Council if the value of the suit pagodas. Criminal cases also should go on app council, the Supreme Court had discretionary deny permission for such appeals, would lay before was above 1000 eal to the King in Power to allow or h) What are the basic tenets on which the doctrine of separation of powers is based on? A. The Legislature, The Executive and The Judiciary. i) which Article of the Constitution refers to the judgments of the Supreme Court as a source of law? A. Article 141 provides that the law declared by Supreme Court shall be binding on all Courts within the territory of India. It provides that in order to do complete justice, Supreme Court will have power to pass any judgment, decree or order as is necessary. j) Why is the independence of judiciary considered as one of the pillars of democracy? A. Refer Q1 (ix) (April 10). Q2.Write short notes- a) Writ of Mandamus A, Refer Q4 (c) (Nov 08). b) Composition of Mayor's Court. A. Refer Q9. ¢) Demerits of the Regulating Act, 1773. A. Refer Q2 (b) (April 10). 4) Importance of Charter of 1833. a Charter Act 1833 or the Saint Helena Act 1833 or Government of India Act 1833 was passed by the British Parliament to renew the charter of East India Company which was last renewed in 1813. Via this act, the charter was renewed for a years but the East India Company was Soe 2 “ commercial privileges which it enjoyed so far. The © Bis ne of 1833 legalized the British colonization of IndiaNamita Law Series © e) A. f) A a) i) ii) A. b: 182 History of Courts ns of the company were allowed to remain Charter Act of 1833 distinctly spelt out the powers of the Governor-General-in-Council. He could repeal, amend or alter any laws or regulations including all persons (whether British or native or foreigners), all places and things in every part of British territory in India, for all servants of the company, and articles of war. However, the Court of Directors acting under the Board of control could veto any laws made by the Governor-General-in-Council. The Charter Act of 1833 is considered to be an attempt to codify all the Indian Laws. The British parliament as a supreme body retained the right to legislate for the British territories in India and repeal the acts. Further, this act provided that all laws made in India were to be laid before the British parliament and were to be known as Acts. In a step towards codifying the laws, the Governor-General-in-Council was directed under the Charter act of 1833, to set up an Indian law Commission. territorial possessio under its government. Significance of Privy Council. Refer Q 2(d) of April 2012. Federal Court. Refer Q2(d) (April 2014). . Situational problem- Swaroop Chand was a surety responsible for the payment of revenue of the Company from Dacca. The balance due was fixed at Rs. 10,000/-. He disputed the balance in his capacity as the treasurer of revenues of Dacca provincial division. He was found in default to the treasury to the extent of Rs. 66,745/-. What was the defense taken by him in the present case? What was the decision taken by the Supreme Court? Refer Q3 (a) (Nov 11). The Trial of Raja Nand Kumar was the first decisive event which led to the growing enmity between the Supreme Court and the Governor in Council. The judges insisted on the independence of ju jary and in spite © interference of the Council, the Supreme Court began toNi ii) amita Law Series © 183 History of Courts exercise the administration of justice in India in it: aa S Own Describe the charges framed in this trial. was the decision held in this case fair or not? Gi reasons. Give . Refer Q. No. 3(a) of Nov. 2010 The Patna Case pointed out the ad under the Charter of 1773 was inadequate. The case was directly responsible for many provisions of the Act of Settlement, 1781 to remove the evil effects of the Regulating Act. What was the main issue or the problem in this case? What were the effects of the decision held in this case? Refer Q3 (b) (Nov 11). ministration of justice . Answer briefly- Explain the Writ jurisdiction under the Constitution of India and describe the principles applied for its adjudication. » Refer Q4 (c) (Nov 08). Discuss the main features of the Regulating Act of 1773 and its impact on the judiciary in India. Refer Q4(b) (April 10). Explain the difference in the working of the Crown's Court and Company’s Court highlighting the jurisdictional difference. . Refer Q4 (e) (Nov 08). i j i if t, 1961 and Explain the objective of the Advocate’s Act, 5: explain how the Act brought about a change in the Profession of law. ' Refer Q4 (d) (April 09). Explain the concept of the Rule of Law and its impact on the growth of legal structure in India. Refer Q4 (d) (Nov 08).Namita Law Series © 134 History of Courts f) Describe the First Law Commission established under the Charter of 1833 and elucidate the need for law reforms, A. Refer Q4 (f) (April 10). June 2018 Q1. Answer the following in one or two sentences- a) Why did the Mayor's Court in Madras cease to exist in 1746? A. Refer Q4 (f) (Nov 08). b) What was the reason for enactment of the Advocate’s Act 1961? A. Refer Q1 (ix) (April 15). ¢) Define Writ of Prohibition under Constitution of India. A. Refer Q4 (c) (Nov 08). d) Why is Codification of Law important? A. Refer Q2 (a) (Nov 09). e) What was the main objective of the Indian High Courts Act 1861? A. Refer Qi (ii) (Nov 09). f) On which theory is the concept of rule of Law based on? A. The concept of Rule of Law is based on theory of ‘Due Process of Law’. g) What was the objection taken by Raja Nand Kumar regarding the jurisdiction of the Supreme Court? A. Refer Q1 (j) (April 09). h) Why is the independence of judiciary considered as one of the pillars of democracy? A. Refer Q1 (ix) (April 10).Namita Law Series © 185 History of Courts i) Name the people who co; the Mayor’s Court under t A. Refer Q1 (iii) (Nov 09). nstituted the Corporation and he Charter of 1688? j) State the principles of Natural Justice? A. Refer Q2 (a) (April 11), Q2.Write short notes- a) Doctrine of Precedent A. Refer Q12. b) Working of Supreme Court in Calcutta, A. Refer Q2(c) (Nov 08). c) Separation of Powers. A. Refer Q2 (b) (April 09). d) Working of the Admiralty Court. A. Refer Q2 (b) (April 10). e) Writ of Mandamus A. Refer Q4 (c) (Nov 08). f) Professional misconduct under the Advocates Act, 1961. A. Refer to Q4 (c) (Nov 09), Q3. Situational problem- a) The Patna Case pointed out the administration of justice under the Charter of 1773 was inadequate. The case was directly responsible for many provi ions of the Act of Settlement, 1781 to remove the evil effects of the Regulating Act. . . i) Whee was the main issue or the problem in this case? ii) What were the effects of the decision held in this case? A. Refer Q3 (b) (Nov 11). il for the b Chand was a surety responsible ) Samer of revenue of the Company from Dacca. The balance due was fixed at Rs. 10,000/-. He disputed theHistory of Courts 186 Namita Law Series © rer of revenues of in hi: acity as the treasurer Dace erovincial aivision, He eae a in default to the tent of Rs. 66,745/-. i What was the defense taken by him in the Seca ae i) What was the decision taken by the Supreme Court? A. Refer Q3 (a) (Nov 11). j first decisive event ii Raja Nand Kumar was the a which ted to the growing enmity between the Supreme Court and the Governor in Council. The judges insisted on the independence of judiciary and in spite of interference of the Council, the Supreme Court began to exercise the administration of justice in India in its own way. i) Describe the charges framed in this trial. , ii) Was the decision held in this case fair or not? Give reasons. A. Refer Q3(a) (Nov 10). Q4. Answer briefly- a) Describe the development of legal profession beginning from the Company’s Court to the Advocates Act, 1961, A. Refer Q4 (d) (April 10), b) Discuss the working of the Mayor’: reference to the conflict between t the Governor in Council. A. Refer Q4(f) (Nov 08), 's Court with special he Mayor's court and ¢) Discuss the concept of the Rule of Law and Indian Laws? A. Refer Qq (d) (Nov 08), 4) Examine the role of Law Commission in modern India towards the reformation of law, - Refer Q4(6) (April 10), its impact on >Namita Law Series © e) A. f) A. uy History of Courts pescribe the salient features of the Government of India nee 5 with special reference to the administration of Refer Q2 (d) (Nov 08). Explain the Provision of Advocates Act, 1961, especially those Pertaining of the Punishing an advocate for misconduct. Refer Q4(d) (Nov 08). JANUARY 2019 Q1. Answer the following in one or two sentences- a) A. Who can transfer judges of the High Court according to Article 222 of the Constitution? As per Art. 222 of the Constitution, the President may, after consultation with the Chief Justice of India, transfer a judge from one High Court to another High Court. What constitutes the dual system of courts? Refer Q1 (b) (Nov 12). Who can be admitted and enrolled as Advocates under the Indian Advocates Act, 1961? Refer Q1 (ii) (April 10). What is the meaning of La Legalite? Refer Q1 (vii) (Nov 10). Under which Act was the Federal Court of India established? | Refer Q1 (v) (April 12). What was the objective of Indian High Courts Act, 1861? . Refer Q1 (v) (April 15)- What was the jurisdiction of Choultry Courts? Ey Reter Qi (vi) (Apri 15)Namita Law Series © h) A. i) A. i) A 188 History of Courts what is significance of Law reports? Refer Q2 (e) (Nov 08). Against whom a writ of Mandamus is issued? Refer Q4 (c) (Nov 08). What was the main conflict in judiciary which arose in Presidency Town in 1726? Refer Q1 (iii) (April 15). Q2. Write short note- a) A. b) A. c) A. ) A. Objects of Legal education in India. Refer Q2 (d) (April 10). Government of India Act, 1935. Refer Q2 (d) (April 14). Principles of natural justice. Refer Q15. Independence of judiciary. Refer Q2 (a) (April 09). Composition of Mayor’s Court. Refer Q9. Judicial Precedents. Refer Q12. Q3.Situational problem- a) i) This case preceded the more famous Raja Nandkumar’s case. However, as a result of English laws in India, this Act was deplorable as this process would soon claim Nandkumar as a sacrifice at its alter. The court described Nawab as a Phautom and a man of straw. Describe the charges framed i is trial. Refer Q3 (a) (Now fon d in this trial.i w Series © 189 . vanita La History of Courts i) Was the decision held in this case fair or not? in ReferQ3 (a) (Nov 10). oe p) The conflict between the Supreme Council Supreme Court which began after the Regula’ reached the climax in this case, claimed its jurisdiction over the whi which was strongly opposed by the committee presented the detailed report on the confi between the Supreme Court and the Council. The Parliament Passed the Act of Settlement 1781. i) Identify the case and briefly give the facts of the case, A. Refer Q3 (b) (April 10). and the iting Act The Supreme Court ole native Population Supreme Council. The ii) What was the main conflict abou decision taken, A. Refer Q3 (b) (April 10). tt and what was the ¢) Swaroop Chand was a surety responsible for the payment of revenue of the Company from Dacca. The balance due was fixed at Rs. 10,000/-. He disputed the balance in his capacity as the treasurer of revenues of Dacca provincial division. He was found in default to the treasury to the extent of Rs. 66,745/-. i) What.was the defense taken by him in the present case? ii) What was the decision taken by the Supreme Court? A, Refer Q3(c) (Nov 09). Q4.Answer any four of the following briefly- 4) Discuss the main features of the Regulating Act, 1773 and its impact on judiciary in India. A. Refer Q4 (b) (April 10). 5) Explain the concept of the Rule of Law and its impact on the growth of legal structure in India. A. Refer Q4 (b) (Nov 08).Namita Law Series © 190 History of Courts c) Give the objectives of the Advocates Act, 1961 and explain how the Act brought about a change in the profession of lawyers? A. Refer Q8/Q4 (b) (April 10). d) Describe the role of Law Commission in modern India toward law reforms. A. Refer Q4 (6) (April 10). e) Explain the difference in the working of the Crown’s Court and the Company’s Court highlighting the jurisdictional differences. A. Refer Q4 (e) (Nov 08). f) Describe the role of judicial precedents and role of law reporting in the growth of the administration of justice in India. A. Refer Q12 and Q2 (e) (Nov 08). May 2019 Q1. Answer in one or two sentences- a) According to the doctrine of the separation of powers, what are the three main organs of government? A. Refer Q2 (b) (April 09). b) What constitutes the dual system of courts? A. Refer Q1 (b) (April 09). ¢) What is the main objective of the law commission? A. Refer Q1 (i) (April 15). d) What is significance of the law reports? A. Refer 2(e) (Nov 08). €) Which are the courts that have the powers to issue writs? A. Refer Q4 (c) (Nov 08),anit] Law Series © 191 History of Courts What was the main outcome of the Indi act of 1875? ndian Law Reports Refer Q1 (ix) (Nov 10). Mention the main aim of the Act of Settle: Refer Q1 (h) (April 09), ment 1781, What was the main objective of the Regulati 1773? ‘gulating Act of , Refer Q1 (g) (April 09). what is the main purpose of the writ of Habeas Corpus? Refer Q4 (c) (Nov 08). What was the objection taken by Raja Nand Kumar regarding the jurisdiction of the Supreme Court? . Refer Qi (ii) (April 15). Q2. Write short note- Independence of judiciary. Refer Q2 (a) (April 09). Diarchy in India. Refer Q2 (b) (April 09). Separation of powers. Refer Q2 (b) (April 09). Court of Record. Refer Q14. Writ jurisdiction in India. Refer Q4 (c) (Nov 08). Working of Supreme Court at Calcutta. . Refer Q2 (c) (Nov 08).Namita Law Series © Q3. a) ii) b) i) c) i) ii) w « Refer Q2 (d) (April 09). 192 History of Courts Situational problems- i inci ‘council Gora Chand Dutt filed In aeeSa ne aan ene the recovery of the sum a ef om him and Mirza claimed that a larger sum was ais froma Dutt. The Council dismissed the action erought by Gora Chand and accepted the counter claim os le by Mirza Jaleel. Gora Chand brought a suit in the upreme Court against Hossiyar, the chief of the Provincial Council. What are the contentions of Gora Chand Dutt before the Supreme Court? Refer Q3 (a) (Nov 14). What does the ca: se reveal about the Proceedings of the Supreme Court? » Refer Q3 (a) (Nov 09), Radhacharan Mitra Was a vakil of the Nawab Mubarak- ud-Daula against whom a case of conspiracy was instituted by Warran Hastings. On the behalf of the Council, a letter was written to the Judi immunities allowed the decision of the Sup Pointed out the administration of justice inadequate, The case was Provisions of the Act ofi = / Namita Law Series © 193 ee Q4. Answer briefly- a) State the importance of the 1 1861 and discuss the provision: A. Refer Q4 (a) (Nov 08), Ndian High Courts Act of is of the same. b) What are codifications? What is the Commission in India in judicial process? A. Refer Q4 (f) (April 10). role of Law c) Discuss the Writ Jurisdiction under the Constitution of India and elucidate the same in detail. Refer Q4 (c) (Nov 08). 2 > Explain the provisions of the Advocate Act Of 1961 with special reference to disciplinary committee and its powers. A. Refer Q4 (d) (April 09). e) Elucidate the dual system of court prevalent in India between 1834 and 1861, A. Refer Q4 (e) (Nov 08). f) Discuss the working of the Mayor’s Court with special reference to the conflict between the Mayor’s Court and the Governors-in-Council. A. Refer Q4 (f) (Nov 08). January 2020 Q1. Answer in one or two sentences- 1) What was the objective of the Choultry Court? A, Refer Q1 (vi) (April 15). 2) What is Diarchy? A. Refer Q2 (b) (April 09).Namita Law Series © 3) A. 4) A 5) 6) > 7) 8) 9) > oe History of Courts Why should there be separation of powers? Refer Q2 (c) (April 09). Mention the three principles on which Dicey’s ideas of rule of law are based upon? Refer to Q1 (v) (Nov 09). Which Lord succeeded to be appointed as Governor General conditionally in India and what were his two conditions? Lord Amherst was succeeded by William Bentinck as the Governor General of India. Lord Amherst was Governor-General of India between 1823 and 1828. Lord William Bentinck was appointed as Governor-General from 1828 to 1835 conditionally in India and the two conditions were (i) That he exerts himself honorably in the war, and (ii) that a reasonable indemnity (it cannot be an equivalent) is found for the King of Sicily. Why is judiciary considered as a main pillar of democracy? Refer Q1 (ix) (April 10). Who are the ex-officio members of the Bar Council of India? Refer Q1 (vii) (Nov 11). Professional misconduct under the Advocates Act, 1961. Refer to Q4 (c) (Nov 09). What are the objectives of Article 141 of the Constitution? Article 141 of the Constitution of India stipulates that the law declared by the Supreme Court shall be binding on all Courts within the territory of India, Thus, the general principles laid down, by the Supreme Court are binding on each individual including those who are not a party to an order. Q2. Write short note- a) A Writ of Mandamus Refer Q4 (c) (Nov 08),Namita Law Series © 195 History of Courts b) Separation of powers, A. Refer Q2 (c) (April 09), c) Significance of Privy Council, A. Refer Q2 (d) (April 12), d) paeguene of State Bar Council under 1. A. Refer Q2(e) (Nov 2010) Advocates Act, e) Court of Record. A. Refer Q14, f) Judicial Precedents. A. Refer Q12. Q3. Situational problems- a) The Patna Case pointed out the administration of justice under the Charter of 1773 was inadequate. The case was directly responsible for many provisions of the Act of Settlement, 1781 to remove the evil effects of the Regulating Act. i) What was the main issue or the problem in this case? What were the effects of the decision held in this case? ) A. Refer Q3 (b) (Nov 11). b) The conflict between the Supreme Council and Supreme Court which began after the Regulating Act reached the climax in this case. The Supreme Court claimed its jurisdiction over the whole native population which was strongly opposed by the Supreme Council. The Committee presented the detailed report on the conflict between the Supreme Court and the Council. The Parliament passed the Act of fee ae i e case and briefly give the : i) WEES conflict between the Supreme Court and Supreme Council , A, Refer Q3 (c) (April 12). sible for the ¢ Chand was a surety respon ! payment of revenue of the Company from Dacca. TheHistory of Namita Law Series © 6 ‘Ory of Courts fixed at Rs. 10,000/-. He disputed the eae IM IETCapacity as the treasurer of revenues of Dacca provincial division. He was found in default to the treasury to the extent of Rs. 66,745/-. im in the present case? What was the defense taken by him in tl ii) What was the decision taken by the Supreme Court? A. Refer Q3(c) (Nov 09). Q4. Answer briefly- a) Discuss the working of the Mayor's Court with special reference to the conflict between the Mayor's Court and the Governors-in-Council. A. Refer Q4 (f) (Nov 08). b) Compare and illustrate the salient features of the High Courts under the Government of India Act 1935 and the Courts of India in present times? . Refer Q4 (e) (April 10), > ¢) Elucidate the dual system of court Prevalent in India between 1834 and 1861, A. Refer Q4 (e) (Nov 08). 4) Discuss the writ Jurisdiction under the Constitution of India and elucidate the same in detail. A. Refer Q4 (c) (Nov 08), e) Explain the objective of the Advocate’s Act, 1961 and explain how the 7 Act brought about a change in the Profession of law, » Refer Q4 (d) (April 09), > f) Examine the role of L ission i I ‘aw Commission in modern India towards the reformation of law, ° Refer Q4(6) (April 10). >