Patna case

Patna case is one of the most interesting cases revealing the system of judicial administration during
1777 to 1779 in the legal history of India. This case brought the light on the involving conflict and
dissatisfaction among the Supreme court and the supreme council. This case had made as the
lesson learned that had become the basis of the further reorganization or reorientation in the
operation or management of justice that will take in future.

Fact of the case:

Shahbaz beg khan, from Kabul, came to India and joined company army and got retired. He had
earned huge property, settled in Patna and got married with Nadirah Begum.

Shahbaz beg khan called in nephew Bahadur beg from Kabul and adopted him. He made a wish
to make his nephew as the heir of his property before his death. But before he could make it
happened, he died in December 1776.

After his death, there started a conflict for vast property between Nadirah begum and Bahadur
beg. Each one of them claimed the whole property of the expired.

Bahadur Beg filled a case to the provisional court to get that property as a adopted child and
requested the court to protect the property from the misuse of widow Nadirah begum. On the
hand, Nadirah begum appointed a mufti and Kazi to find out his claim in the property. The
widow Nadirah Begum,then again, asserted her claim to the said property on the basis of three
documents are:
Dower – Deed (Meharnama)
Gift – Deed (Hibanama)
Acknowledgment (Ikrarnama)

The provisional court of Patna ordered the kazi and mufti to set up stock, gather and seal the
property till the official choice. The native Mohammed law officer(kazi and mufti) are also
ordered to find out the fact of cases about separate claim of both partied and reported it to the
court. During the investigation they abused Nadirah Begum as a result of which, she left the
house and took shelter in a "Dargah".
In this case, the procedure that was followed by the law officer was the most irregular. They
submitted their report in the court. The law officer neglect that the dower deed had already
given to Nadirah begum in the lifetime of died Shahbaz beg khan and the other two document
namely the gift and acknowledgement document submitted by Nadirah begum was forged.
So,the left property should divide in four shares and three of them should get bahadur beg as
the son of died and one share should go to the widow Nadirah begum.

The Provincial Council of Patna acknowledged the report of the Kazi and Mufti and requested
the division of the property in like manner. She then went to the Sadar dawani adalat of
Calcutta which compromised Governor-General and council and she also charged for assult,
false imprisonment, penetrate entry into her house, other secret injury and allege damages to
the chorus of rupees six lakhs against Bahadur bag ,mufti and kazi .
Judgement of the case:

The court accused mufti and kazi for the way in which they represented the realities.No normal
preliminary was held and the witness had not analyzed on oath. Thus, the law officers were
attempted not for what they had done in the release of their customary capacity. The supreme
court of Calcutta grant harm rupee 3 lacs to the dowager that was very proportionate.

Issues of The Case:

1. Whether Bahadur Beg, who lived outside Calcutta was exposed to the administration of
Supreme Court or not.
2. whether the law officers could be litigated or indicted for their acts done during their legal
proficiency or not.

Analyzing the case:

This case brought into the notice about the shortcomings that were present in the
judicial administration. The deceased was an agriculturist and the case fell within the
ward of the administration. It showed the weaknesses of the organization of the
judicial system and the committee which was known by the Patna case. This case
showed the exercise of extra power and jurisdiction by the officials under the
Regulating Act 1773. As a result , to remove the defect of regulating act 1773 , Act of
Settlement 1781 was passed.

Conclution:

This case was revealing the shortcomings of the legal administration system and its
development in our country. In spite of all shortcomings , the supreme court of Calcutta
maintained the trust of the people toward the judicial court system by giving the right verdict to
the weak party.