An independent colonial judiciary a history of the bombay high court during the british raj 18621947. An Independent Colonial Judiciary (A History of the Bombay High Court during the British Raj, 1862 2019-03-11

An independent colonial judiciary a history of the bombay high court during the british raj 18621947 Rating: 8,2/10 386 reviews

An Independent, Colonial Judiciary

an independent colonial judiciary a history of the bombay high court during the british raj 18621947

The book, about the rich history and glory of one of the oldest Indian high courts, is unlike a regular coffee table book. If the book concludes that the court was not a site of racial discrimination, was it also not a site of caste discrimination? Another myth- it was said that Governor Mountstuart Elphinstone had challenged Chief Justice Edward West to a gun duel. Indians who wanted a prestigious legal education went to England to get called to the Bar at one of the Inns of Court, and to get a degree from Oxford or Cambridge. The most well known books written on the history of the court focus on humorous at times, possibly apocryp. Race, Class, and the Bombay High Court 4. This indicated that they lived under western influence in British India — something that still rings true, because several advocates practicing on the original side in matters of public interest regularly point out situations in developed nations, and even judges who are well-travelled look for solutions adopted in Western countries.

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History of the Bombay High Court

an independent colonial judiciary a history of the bombay high court during the british raj 18621947

Examining the backgrounds and lives of the 83 judges-Britons and Indians-who served on the Bombay High Court during the colonial era, and by exploring the court's colonial past, this book attempts to understand why British colonial institutions like the Bombay High Court flourished even after India became independent. Non-political criminal cases were as often decided in favor of the accused as they were decided in favor of the prosecution. . . The Judicial Culture of the Court 5. In 2012, the Bombay High Court celebrated the 150th year of its existence. Rajeev Dhavan is a senior lawyer, Supreme Court of India.

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An independent, colonial judiciary : a history of the Bombay High Court during the British Raj, 1862

an independent colonial judiciary a history of the bombay high court during the british raj 18621947

. The book is marvelous — exemplary in its research and style, assertive in its views and Chandrachud is, most eminently, a gift to scholarship. In 1891, a protest was made even over an Indian not being made first judge of the small causes court. Yet, remarkably little is known of how the court functioned during the colonial era. Jacket images are provisional and liable to change before publication.

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BOMBAY BAR ASSOCIATION

an independent colonial judiciary a history of the bombay high court during the british raj 18621947

The book seeks an answer to one central question: why did the court transition so seamlessly from colonialism to independence? In a colonial India in which racism was rampant, the Bombay High Court was a place where an Indian was likely to have encountered less racism than elsewhere. Otherwise, the bench mostly favoured the government in politically sensitive cases, but such cases were very few — the Lokmanya Bal Gangadhar Tilak sedition case was one of them. The famous sedition trial of Bal Gangadhar Tilak in 1908 was one of the few important political cases tried before the Bombay High Court in the pre-independence days. They came from relatively affluent homes, were sons of fathers engaged in service and had the access to Western education. . The research has taken into consideration the several combinations and permutations existing at the time — Indian litigants preferring British barristers to appear for them as the general feeling was that their argument would carry more weight, or putting an Indian as part of the bench when matters pertaining to Hindu Law or societal matters were to be decided upon. The special jury that ruled in favour of the colonial government and convicted Tilak comprised seven Europeans and two Parsis.

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An Independent Colonial Judiciary (A History of the Bombay High Court during the British Raj, 1862

an independent colonial judiciary a history of the bombay high court during the british raj 18621947

It has been rightly pointed out that before 1935, security of tenure was precarious — more so for Indians. In the process, this book unravels the complex changes that took place in Indian society, the legal profession, the law, and legal culture during the colonial era. This, the book does not do, thus obviating the most obvious test of decisional performance. As one of the three High Courts first set up in colonial India in 1862, it functioned as a court of original and appellate jurisdiction during the British Raj for over 80 years, occupying the topmost rung of the judicial hierarchy in the all-important Bombay Presidency. Advertising Curiously, the docket of the court did not increase over the first few decades despite demographic increases in the population. Indian judges, who came from affluent families, considered to be more elite in India than their British counterparts were in Britain, only opted for arts at Bombay University.

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BOMBAY BAR ASSOCIATION

an independent colonial judiciary a history of the bombay high court during the british raj 18621947

. In the process, this book will attempt to unravel complex changes which took place in Indian society, the legal profession, the law, and the legal culture during the colonial era. Even as talk of e-courts becomes stronger with some already beginning to function, the glory of the Bombay High Court continues to hold its ground. The historiography of the court is quite literally anecdotal. . As one of three high courts first set up in colonial India in 1862, it functioned as a court of original and appellate jurisdiction during the British Raj for over 80 years, occupying the topmost rung of the judicial hierarchy in the all-important Bombay Presidency. Independent, Colonial Judiciary: A History of the Bombay High Court during the British Raj, 1862—1947 - Oxford Scholarship We use cookies to enhance your experience on our website.

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An Independent Colonial Judiciary (A History of the Bombay High Court during the British Raj, 1862

an independent colonial judiciary a history of the bombay high court during the british raj 18621947

. The Structural Peculiarities of a Colonial Judiciary 6. Description In 2012, the Bombay High Court celebrated the 150th year of its existence. Inverarity, if you were capable of making an outstanding argument in court, it mattered little to the litigant whether you were Indian or Briton, Hindu or Muslim. The most well known books written on the history of the court focus on humorous at times, possibly apocryphal stories about 'eminent' judges and 'great' lawyers, bordering on hagiography. Yet, remarkably little is known of how the court functioned during the colonial era. Yet, remarkably little is known of how the court functioned during the colonial era.

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An Independent, Colonial Judiciary

an independent colonial judiciary a history of the bombay high court during the british raj 18621947

Advertising Abhinav Chandrachud is a scholar of brilliant achievements and this is a wonderful book. In the process, this book will attempt to unravel complex changes which took place in Indian society, the legal profession, the law and legal culture during the colonial era. . Yet, remarkably little is known of how the court functioned during the colonial era. . . The court functioned independently of the other branches of government.

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Holdings : An independent, colonial judiciary :

an independent colonial judiciary a history of the bombay high court during the british raj 18621947

In fact, it was a Muslim judge, Justice Badruddin Tyabji, who released the nationalist leader on bail. . The historiography of the court is quite literally anecdotal. But more research was needed to support the case for an independent judiciary. Yet, remarkably little is known of how the court functioned during the colonial era. Yet, remarkably little is known of how the court functioned during the colonial era. As one of the three High Courts first set up in colonial India in 1862, it functioned as a court of original and appellate jurisdiction during the British Raj for over 80 years, occupying the topmost rung of the judicial hierarchy in the all-important Bombay Presidency.

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Race and the colonial court

an independent colonial judiciary a history of the bombay high court during the british raj 18621947

It functioned as a court of original and appellate jurisdiction during the British Raj for over 80 years, occupying the topmost rung of the judicial hierarchy in the all-important Bombay Presidency. The Rise of the Indian Judge 3. Although the high courts of Calcutta, Bombay and Madras had the writ jurisdiction, its outreach was eventually limited to the Presidency towns. Yet, when India got Independence, except for outgoing British chief justice Sir Leonard Stone, Indians and remaining British judges like Eric Weston transitioned almost effortlessly into being judges of the decolonised court in Independent India. An Independent, Colonial Judiciary: A History of the Bombay High Court during the British Raj, 1862-1947 ; Abhinav Chandrachud, Oxford University Press, Rs. In the 20th century, however, judges were professional lawyers with almost no interest in politics or public affairs. Examining the backgrounds and lives of the 83 judges-Britons and Indians-who served on the Bombay High Court during the colonial era, and by exploring the court's colonial past, this book attempts to understand why British colonial institutions like the Bombay High Court flourished even after India became independent.

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