INDIAN HIGH COURTS

ACT,1861
ESTABLISHMENT OF THE HIGH COURTS
OF JUDICATURE

Submitted To : Prof. Garima

 INDIAN HIGH COURTS ACT,1861
 On 6 August 1861 the Indian High Courts Act was passed
to overhaul the judicial system.

 The Act of 1861 titled “an Act for establishing the High
Courts of Judicature in India” empowered the Crown to
establish High Courts of Judicature at Calcutta and other
Presidencies by issuing Charters.

 Supreme Courts and Sadar Diwani Adalat and Sadar

Nizamat Adalat to be abolished.
 It also empowered the Crown to establish High Court in
the North-Western provinces. Each High Court was to
have jurisdiction over all courts subject to its appellate
jurisdiction.

 The Act laid down that the High Court was to consist of
one Chief Justice and other puisne Judges not exceeding
15 in number.

 A person could be appointed Judge if he was

either:
1. A barrister of not less than 5 years standing
2. A member of the covenanted civil service of at least 10
years who had served as Zila Judge for at least 3 years
3 A person having held judicial office not inferior to
a Ameen for at least 5 years.

4 A person who has been pleader of a Sadr Court or High

Court for at least 10 years The judges held office during
the pleasure of the crown.
 CIVIL JURISDICTION
 Original jurisdiction could be invoked only if

1. The immovable property was situated within the

town of Calcutta
2. Cause of action wholly or partly arose in Calcutta
3. Defendant was dwelling or carrying on business or
working for gain in Calcutta

 Suits of the value of Rs.100 or more not cognizable by

the Small Cause Court came to High Court

 CRIMINAL
 JURISDICTION
Same as that of Supreme Court and extended to local
limits of civil jurisdiction of High Court.

 It had extraordinary original jurisdiction.

 Revenue jurisdiction

 Admiralty jurisdiction

 Testamentary and Miscellaneous : It also acted as Court

of Wards for administration of estates of lunatics and
minors.
 APPELLATE JURISDICTION
 Civil- Appeals in all cases. Could hear Letters Patent
appeal against judgement of a single judge of High Court
or a Division Bench of the High Court in which views of
judges are equally divided.

 Criminal : In all cases decided by courts subordinate to

it. Could also entertain revisions against decisions of
lower courts.
 PROCEDURE
 Given power to make rules and orders to regulate
all civil and criminal proceedings

 An appeal in any matter other than criminal, from

the decision of the High Court was allowed to Privy
Council provided the value of the suit was not less
than Rs.10000.

 HC was empowered to certify if a case was fit for

appeal
 OTHER HIGH COURTS
 On 26 June, 1862 High Courts were established
at Calcutta and Madras.

 On 17 March, 1866 a High Court established at Agra for

the North-Western Provinces.

 In 1875, the High Court was shifted from Agra to

Allahabad
 Pros of Unification
 No. of courts decreased.
 Dual judicature came to an end.
 High Court supervised the lower courts.
 Quality of work of lower courts improve.d
 Efficiency of judges improved.
 Procedures were simplified.

Appellate procedure also became uniform.

Acceleration of process of codification to remove
disparities between various laws.