INDIAN HIGH COURT

ACT OF 1861 AND 1911

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The   'Indian High Court Act' of 1861, 
vested in Her Majesty the Queen of
England to issue letters patent under
the  Great Seal of the United Kingdom
to erect and establish High Courts of
Calcutta, Madras and Bombay. 
The Indian High Courts Act, 1861 did
not by itself  create and establish the
High Courts in India. 
The express and avowed aim of the Act
was to effect a fusion of the Supreme
Courts and the Sadar Adalats in the
three Presidencies and this was to be
consummated by issuing Letters
Patent. 
The Charter of High Court of Bombay
was issued on June 26, 1862
THE BOMBAY HIGH COURT
The Bombay High Court was inaugurated on 14th
August ,1862. 
The High Court had an Original as well as an
Appellate Jurisdiction the former derived from the
Supreme Court, and the latter from the Sadar
Diwani and Sadar Foujdari Adalats, which were
merged in the High Court. 
 With the establishment of the High Court the
Penal Code, the Criminal Procedure Code  and
Code of Civil Procedure were enacted into law. 
The Letter Patent of the Bombay High Court
authorized 15 Judges, but it started with only
7.
It is remarkable that, for about  60 years
thereafter, the High Court managed to pull on
with just 7 Judges, although with advancing
years, the laws and the litigation both
multiplied.
 There were no indications that this limited
Bench was found inadequate to cope with the 
work, till about 1919.
The number of  Suites filed on Original Side,
which during War had dwindled down to
about 500 rose to about 7000, that the
Prothonotary found it difficult to prepare
daily boards for 3 Judges.
 It was only then  that an additional Judge
was demanded and was grudgingly granted . 
 Bombay was lucky or unlucky in having at
this crisis a Chief  Justice of exceptional
caliber, Sir Norman Mcleod, who instead of
multiplying  Judges preferred to massacre
suits and appeals. 
FURTHER PROVISIONS
OF THE CHARTER
The Charter of the High Court also
made it the supreme and final court of
appeal in all cases, civil and criminal,
decided by inferior courts, except such
as possessed the requisite importance,
pecuniary or legal, demanding a
further appeal to the Judicial
Committee of the Privy Council. 
Ever since the Constitution of the Privy Council as
the Court of ultimate appeal from British India by a
Statuette of 1833, the bulk of its business was from
Indian appeals; so much so that for Indian appeals, a
Judge or a lawyer of adequate Indian experience had
later to be associated with the Committee. 
The Bombay High Court has been represented on
the Judicial Committee by three distinguished judges,
and four eminent counsel; Sir Richard Couch, Sir
Lawrence Jenkins and Sir John Beaumont, all Chief
Justices.  
The lawyers who practiced in Bombay High Court
before they were appointed to the Judicial
Committee, were Sir Andrew Scoble, Sir George
Lowndes, Sir D.F. Mulla and Mr. M.R.Jayakar. 
The judgments of the Privy Council, generally
speaking, have been received in India with complete
satisfaction; and some of them contain illuminating
expositions of Anglo-Indian law, including
principles of Hindu and Mahommedan law. 
But on one or two occasions, owing to overlooking
the relevant section of an Indian statuette, or by a
revolutionary construction of a section, their
decisions have created some confusion and
consternation
All the Charters of the law Courts in India from
the Mayor's Court down to the High Court are
silent as regards the jurisdiction of the Privy
Council over criminal cases in India.
INDIAN HIGH COURT ACT
1911
The Indian High Courts Act,1911 empowered to established
High Courts in any territory within the Indian Dominions.
Under the Act of 1911 a High Court could be established for
any territory whether or not included within the limits of
another High Court .
It was considered that the power to establish new High
Courts under the Act of 1861 was exhausted after the
Allahabad High Court was established and , therefore, the
Act of 1911 was passed.
The Act of 1911 raised the maximum number of judges in
each High Court from sixteen to twenty, which included the
Chief Justice also.
The last appeal from India was disposed of by the Privy
Council on December 15, 1949. 
 Thus came to an end India's 200 years' old connection
with the Privy Council on January 26, 1950, the Federal
Court gave way to the Supreme Court of India under the
new Constitution. 
The Supreme Court of India  is the highest Court of the
land.  and has been empowered to issued directions,
Order of Writs, like the Habeas Corpus, Mandamus,
Certiorari, Prohibition for the enforcement of the
Fundamental Rights which have been guaranteed by the
Constitution of the people of India. 
The Supreme Court has thus been made the guardian
of the freedom and liberties of the Indian people.
BOMBAY HIGH COURT