Patna case

• Jurisdiction of the Supreme Court to try action

against the Company officers for acts done by
them in the execution of their legal duties (act
done by them in their official capacity)
• In this case again the Supreme
Court came into conflict with
Supreme Council
 Patna case

Facts
• Shahbaz Beg Khan a native of Kabul came to
Bengal and served the company for sometime
• After retirement he settled at Patna and married
Naderah Begum by whom he had no children
• His nephew Bahadur Beg came from Kabul to stay
with Shahbaz Beg Khan till his death (1776)
• He left behind him considerable property.
 Patna case
• After his death his nephew and wife both
claimed the property of the deceased
• Both came into conflict over the property
• Bahadur Beg, claimed the whole property of
the deceased as his adopted son
• Bahadur Beg filed a petition with against
Naderah Begum in Patna Provincial Council
which was established as a Diwani Court
under Warrren Hastings
 Patna case
• In the petition Bahadur Beg stated that he was
entitled to the whole property of the
deceased as his adopted song and the Council
may direct it Mohammedan Law officers
(Kazis) to ascertain the rights of the deceased
property.
• He also stated that the widow of the deceased
embezzled some valuables of the deceased
 Patna case
• He prayed that the property of the deceased
be protected and guards be appointed
• The Council order the Kazi to prepare an
inventory of the property and seal it
• Thereafter the Mohammedan Law Officers
went to the spot and began investigation
• During the investigation the Law Officers
behaved harshly and cruelly with Nadera
Begum.
 Patna case
• She fled from her house and took shelter in a
Dargah
• The Law Officers submitted their report to the
Council
• It was stated that Naderah Begum claimed the
entire property on the basis of Hibbanama
(Gift Deed) and Mehar Nama (Dower Deed)
 Patna case
• Bahadur Beg challenged the deed and
claimed that they were FORGED
• The Law officers reported that the Deed
was forged
• The recommended that one fourth of the
property to be given to Naderah Begum
and rest to be given to Bahadur Beg
 Patna case
• The Council without making further investigation
a decision on the property and on Forgery the
person to be put in Jail and tried for forgery
• Begum refused to take one – fourth of the
property and to hand over the title deed
• She approached the Supreme Court and brought
an action against Bahadur Beg and the Kazi and
Law Officers for assault, battery and breaking into
her house and personal injury
 Patna case
• She claimed for damages amounting to
Rs.6,00,000.
• Bahadur Beg and Kazi’s were arrested brought
form Patna to Calcutta
• They failed to furnish bail
• The case was tried for 10 days and judgment
was delivered
 Patna case
• The court held that the documents were not
forged
• Begum was entitled to the whole property
• Justice Impey was very critical of the Law
Officers
• The Court awarded damages of Rs. 3,00,000/-
• The defendants were not able to pay damages
and therefore were imprisoned
 Patna case
• The old Kazi died on the way and other remained
in prison
• Begum directed her attorney to start prosecution
against the Council
• The Supreme Court found that the proceeding by
the Patna Provincial Council illegal and irregular
• The forgery claimed was suppressed by the
Supreme Court that Begum was neither the
resident of Calcutta not the servant of the
Company
 Patna case
• ISSUES
• Whether Supreme Court had jurisdiction over
Bahadur Beg and the Mohammedan Law
Officers
• Whether the Judicial Official could be held
liable for the acts done in their official
capacity
 Patna case

EFFECTS
• State of Company Judicial system as
exposed by the Patna Case
• Panic among farmers of Land
revenue
• The Act of Settlement of 1781