The Law Journal


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The Calcutta Law Journal


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An Independent, Colonial Judiciary


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In 2012, the Bombay High Court celebrated the 150th year of its existence. As one of three high courts first set up in colonial India in 1862, it functioned as a court of original and appellate jurisdiction during the British Raj for over 80 years, occupying the topmost rung of the judicial hierarchy in the all-important Bombay Presidency. Yet, remarkably little is known of how the court functioned during the colonial era. The historiography of the court is quite literally anecdotal. The most well known books written on the history of the court focus on humorous (at times, possibly apocryphal) stories about 'eminent' judges and 'great' lawyers, bordering on hagiography. Examining the backgrounds and lives of the 83 judges-Britons and Indians-who served on the Bombay High Court during the colonial era, and by exploring the court's colonial past, this book attempts to understand why British colonial institutions like the Bombay High Court flourished even after India became independent. In the process, this book will attempt to unravel complex changes which took place in Indian society, the legal profession, the law, and the legal culture during the colonial era.




The Madras Law Journal


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Vols. 11-23, 25, 27 include the separately paged supplement: The acts of the governor-general of India in council.




Constitutional Law of India


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From the Colonial to the Contemporary


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From the Colonial to the Contemporary explores the representation of law, images and justice in the first three colonial high courts of India at Calcutta, Bombay and Madras. It is based upon ethnographic research work and data collected from interviews with judges, lawyers, court staff, press reporters and other persons associated with the courts. Observing the courts through the in vivo, in trial and practice, the book asks questions at different registers, including the impact of the architecture of the courts, the contestation around the renaming of the high courts, the debate over the use of English versus regional languages, forms of addressing the court, the dress worn by different court actors, rules on photography, video recording, live telecasting of court proceedings, use of CCTV cameras and the alternatives to courtroom sketching, and the ceremony and ritual that exists in daily court proceedings. The three colonial high courts studied in this book share a recurring historical tension between the Indian and British notions of justice. This tension is apparent in the semiotics of the legal spaces of these courts and is transmitted through oral history as narrated by those interviewed. The contemporary understandings of these court personnel are therefore seen to have deep historical roots. In this context, the architecture and judicial iconography of the high courts helps to constitute, preserve and reinforce the ambivalent relationship that the court shares with its own contested image.













The Bombay Prince


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Bombay’s first female lawyer, Perveen Mistry, is compelled to bring justice to the family of a murdered female Parsi student just as Bombay’s streets erupt in riots to protest British colonial rule. Sujata Massey is back with this third installment to the Agatha and Mary Higgins Clark Award-winning series set in 1920s Bombay. November 1921. Edward VIII, Prince of Wales and future ruler of India, is arriving in Bombay to begin a fourmonth tour. The Indian subcontinent is chafing under British rule, and Bombay solicitor Perveen Mistry isn’t surprised when local unrest over the royal arrival spirals into riots. But she’s horrified by the death of Freny Cuttingmaster, an eighteen-year-old female Parsi student, who falls from a second-floor gallery just as the prince’s grand procession is passing by her college. Freny had come for a legal consultation just days before her death, and what she confided makes Perveen suspicious that her death was not an accident. Feeling guilty for failing to have helped Freny in life, Perveen steps forward to assist Freny’s family in the fraught dealings of the coroner’s inquest. When Freny’s death appears suspicious, Perveen knows she can’t rest until she sees justice done. But Bombay is erupting: as armed British secret service march the streets, rioters attack anyone with perceived British connections, and desperate shopkeepers destroy their own wares so they will not be targets of racial violence. Can Perveen help a suffering family when her own is in danger?