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    Bombay Settlement

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    Satyam Ojha
    The document summarizes the history of Bombay Settlement from 1668-1728 in three phases: 1) In 1668, the British East India Company was given control of Bombay island by the King of England at an annual rent of £10. This established the Company's territorial authority and empowered it to legislate and administer justice. 2) The first phase from 1668-1683 saw the introduction of a regular system of laws and division of Bombay into judicial districts. However, the legal system was imperfect with vague laws and reliance on native customs. 3) This was evident in the controversial 1720 trial of Rama Kamati, a wealthy merchant, who was convicted based

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    Bombay Settlement

    Uploaded by

    Satyam Ojha
    197 views2 pages
    The document summarizes the history of Bombay Settlement from 1668-1728 in three phases: 1) In 1668, the British East India Company was given control of Bombay island by the King of England at an annual rent of £10. This established the Company's territorial authority and empowered it to legislate and administer justice. 2) The first phase from 1668-1683 saw the introduction of a regular system of laws and division of Bombay into judicial districts. However, the legal system was imperfect with vague laws and reliance on native customs. 3) This was evident in the controversial 1720 trial of Rama Kamati, a wealthy merchant, who was convicted based

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    Bombay settlement legal history

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    The document summarizes the history of Bombay Settlement from 1668-1728 in three phases: 1) In 1668, the British East India Company was given control of Bombay island by the King of England at an annual rent of £10. This established the Company's territorial authority and empowered it to legislate and administer justice. 2) The first phase from 1668-1683 saw the introduction of a regular system of laws and division of Bombay into judicial districts. However, the legal system was imperfect with vague laws and reliance on native customs. 3) This was evident in the controversial 1720 trial of Rama Kamati, a wealthy merchant, who was convicted based

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    197 views2 pages

    Bombay Settlement

    Uploaded by

    Satyam Ojha
    The document summarizes the history of Bombay Settlement from 1668-1728 in three phases: 1) In 1668, the British East India Company was given control of Bombay island by the King of England at an annual rent of £10. This established the Company's territorial authority and empowered it to legislate and administer justice. 2) The first phase from 1668-1683 saw the introduction of a regular system of laws and division of Bombay into judicial districts. However, the legal system was imperfect with vague laws and reliance on native customs. 3) This was evident in the controversial 1720 trial of Rama Kamati, a wealthy merchant, who was convicted based

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Bombay Settlement

    1. Bombay got name- Deity Mumbadevi


    a. Goddess was worshipped by Lord Ram- when asked for victory over Ravana- to get
    Sita back- performed a yajna- to please the deity
    2. Portuguese gave this island in dowry to English King- in turn gave this to Brit EIC @ annual
    rent of £10
    a. 1534:This island of Bombay was acquired by Portuguese from King of Gujarat, Sultan
    Bahadur Shah
    b. King of Portugal Alphonso VI gave this dowry to King of England Charles II- when
    Charles married Alphonso’s sister, Catherine of Briganza
    3. 1668:Became difficult for Charles II to exercise control- from England- so transferred
    BOMBAY to EIC @ 10 bucks per annum rent
    4. Position of Bombay changed with transfer- by new charter of 1668
    5. Charter authorised company to legislate & exercise judicial authority in island of Bombay.
    6. Phases of Bombay Settlement
    a. 1668-83
    b. 1684-90
    c. 1718-26
    7. In first phase- Charter of 1668- empowered company to frame laws & ordinances to admin
    Bombay
    a. Impose punishment- fine, imprisonment & death sentence
    8. Company was given right to make money from Bombay
    9. Initially-bombay was under control of Prez. And Council of Surat factory
    10. Governor of Surat- ex officio gov. of Bombay
    11. 1669: Sir George Oxendin- prez of Surat Factory- visited Bombay- est. government under
    Deputy Governor and Council.
    12. Provision mentioned in ’68 charter led to incorporation of two peeps,Thomas Papillion and
    Moses – deputed to introduce laws for admin of justice categorised into 6 divisions:
    a. Worship/religion
    b. Common rights of man
    c. Legal procedure
    d. Registration of Sale & purchase of land & houses
    e. Penal Offence
    f. Military Discipline
    13. As effect of Charter of 1668: transition of company- trading association to territorial
    authority in Bombay was convened
    14. 1670: Regular system of law in Bombay- introduced by Gerard Aunger.
    15. Deputy Governor of Surat factory divided Bombay into 2 territorial division
    a. Bombay, mazagaon & Gurgaon
    b. Mahim, Parel, Sion, Worli
    16. He improved judicial system gradually- was aware- it is not possible to supercede old pattern
    of admin given by Portuguese law
    17. In judicial system- separate court of judicature was est.- one for each division for these
    areas- court had judges- decided civil cases- custom officers was prez for each court- held
    once a week- decided civil disputes upto 200 xerophenes
    18. Aunger was not satisfied with judges- wanted people who were well versed in law- request
    was denied- asked to choose among company
    19. Judicial Scheme of 1672: George Wilcox was appointed by Aunger- new judicial English law
    was introduced-court’s jurisdiction in all cases- civil and criminal- civil was dealt once a
    week- with help of judges who acted as Registrar- handled Probate, Admin & Registration
    of Wills related to property.
    20. Bombay was now categorised in 4 division
    a. Bombay
    b. Mahe
    c. Mazagaon
    d. Sion
    21. For each division, justice of peace was appointed- was an Englishman
    a. Main power was to apprehend the offender- to hold enquiry to examine witness-
    to send record to court of judicature for the final trial of the case.
    b. Court of Judicature was to sit once in a month- and it was to decide criminal case
    with help of justices of peace
    22. Highest Court of appeal – Court of Deputy Governor & Council of Bombay
    a. Decided civil cases upto value less than 20 xerophenes
    b. Purpose: to impart justice to the poor free of cost
    23. Other Court that existed
    a. Panchayat(village)- reorganised in 1672
    i. Decided case of their own castes or they were brought to Court of
    Judicature to discuss the case
    24. This system of admin continued upto 1683 until Keigwin’s rebellion took place- after this it
    ceased to function for one year
    25. 1684: Island of Bombay came back to English Company.

    RAMAKAMATI CASE

    1. Laws applied were vague in nature, uncertain, evident from trial of Rama kamati
    2. Wealthy Hindu merchant of Bombay- Chief Justice was Lawrence Parker
    3. Charges inflicted upon him was that he communicated with dacoit Angeera through letter
    4. Case was based on hearsay evidence of a dancer who told court- Angeera himself told her-
    Rama Kamati had written letters to him
    5. It’s believed that it was conspired by Governor Boone
    6. Kamati was convicted- sentenced to imprisonment of life- confiscation of all properties- 8
    years later in jail he died(1728)- Case started in 1720

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