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The judicial plan of 1774 was reorganized in 1780 due to shortcomings. Key changes included:
1) Separating revenue collection from judicial powers and extending jurisdiction of provincial courts.
2) Allowing appeals above a certain value to the Sadr Diwani Adalat headed by the Governor General.
3) Appointing Sir Elijah Impey as Chief Justice of both the Supreme Court and Sadr Diwani Adalat to help decide civil appeal cases. He introduced several reforms to regulate court procedures.
The judicial plan of 1774 was reorganized in 1780 due to shortcomings. Key changes included:
1) Separating revenue collection from judicial powers and extending jurisdiction of provincial courts.
2) Allowing appeals above a certain value to the Sadr Diwani Adalat headed by the Governor General.
3) Appointing Sir Elijah Impey as Chief Justice of both the Supreme Court and Sadr Diwani Adalat to help decide civil appeal cases. He introduced several reforms to regulate court procedures.
The judicial plan of 1774 was reorganized in 1780 due to shortcomings. Key changes included:
1) Separating revenue collection from judicial powers and extending jurisdiction of provincial courts.
2) Allowing appeals above a certain value to the Sadr Diwani Adalat headed by the Governor General.
3) Appointing Sir Elijah Impey as Chief Justice of both the Supreme Court and Sadr Diwani Adalat to help decide civil appeal cases. He introduced several reforms to regulate court procedures.
planned by Hastings. Hence, he made some changes and modifications in the Judicial Plan of 1774 and introduced it as the plan of 1780. Seperation of revenue from judiciary: seperation of the revenue from the administration of justice. The Provincial councils of revenue continued to look after the collection of revenue but their judicial power to hold civil courts was taken away. Jurisdiction of Provincial Diwani Adalat extended- they were empowered to decide all cases of property, including those relating to inheritance and succession to zamindaris and talukdaris which were previously under the responsibilty of the Governor General and Council. Appeal- where the amount involved exceeded its value, an appeal was allowed to the Sadr Diwani Adalat at Calcutta. The Governor General and his Council constituted the Sadr Diwani Adalat. Miscallenous- the Court fee was fixed at 2%-5% depending upon the valuation. Native law officers were required to assist the court. In Sadr Diwani Adalat Warren Hastings realised the difficulty in deciding civil cases in appeal. For this-
On 29th September 1780, Hasting proposed in the Council
that Chief Justice, Sir Elijah Impey be requested to accept the charge of the office of the Sadr Diwani Adalat. He became the Chief Justice of both the superior courts- a) Supreme Court b) Sadr Diwani Adalat Impey accepted this offer. He remained in Sadr Diwani Adalat for a year but he introduced lot of reforms in Sardar Diwani Adalat. Impey drafted many regulations to reform the Adalat on November 3rd 1780. First reform regulation was passed to regulate the procedure of the Diwani Adalat. As per this rule he was allowed to take the help of Hindu Pundits or Muslims Mulla if it was necessary to understand the cause or case. Impey compiled a civil procedure code for the guidance of the Sadr Adalat and Mofussil Diwani Adalat, it was the First Code of Civil Procedure to be prepared in India. The code contained 95 clauses and with it all the previous regulations regulating to civil procedure were repeated. The code of 1781 clearly defined the functions, power and jurisdiction of Sadr Diwani Adalat. Merits
1) The personal laws of Hindus and Muslims were safe
guarded. 2) District was selected as a unit of the administration of justice and collection of the revenue. 3) The jurisdiction of the Diwani and Faujdari Adalats were clearly defined. 4) The judges of these Courts were Englishmen and they did not have the knowledge of the personal laws of Hindus and Muslims, but this defect removed out to the large extent of appointing native law officers. 5) The commission basis was replaced by the court-fee which was to be deposited with the Government and not with Judges. This changes was made so that Judges ceased to have any personal interest in a particular case. Thus the change was made to promote impartial and fair justice. Demerits 1. Less number of courts. 2. Officers appointed for Adalats were not trained in law and legal work. 3. Corrupted Zamindars and Public Officers who were appointed to decide petty civil cases up to 100/- and had to work on honorary basis.