LETTERS PATENT OF HER MAJESTY

(March 17, 1866)

VICTORIA by the Grace of God of the United kingdom of great Britain and Ireland, Queen, Defender of the Faith To all to whom these presents shall come greeting : Whereas by an Act of Parliament passed in the twenty-fourth and twenty-fifth years of Our reign entitled "An Act for establishing High Courts of Judicature in India" it was amongst other things enacted that it should be lawful for Her Majesty by Letters Patent under the Great Seal of the United kingdom to erect and establish a High Court of Judicature at Fort William in Bengal for the Bengal Division of the Presidency of Fort William aforesaid and that such High Court should consist of a Chief Justice and as many Judges not exceeding fifteen as Her Majesty might from time to time think fit to appoint who should be selected from among persons qualified as in the said Act is declared. Provided always that the persons who at the time of the establishment of such High Court were Judges of the Supreme Court of Judicature and permanent Judges of the Court of the Sudder Dewanny Adawlut or Sudder Adawlut of the same Presidency should be and become Judges of Such High Court without further appointment for that purpose and the Chief Justice of such Supreme Court should become the Chief Justice of such High Court and that upon the establishment of such High Court as aforesaid the Supreme Court and the Court of Sudder Dewanny Adawlut and Sudder Nizamut Adawlut at Calcutta in the said Presidency should be abolished and that the High Court of judicature so to be established should have and exercise all such civil criminal Admiralty and Vice - Admiralty Testamentary intestate and Matrimonial Jurisdiction original and appellate and all such powers and authorities for and in relation to the administration of Justice in the said Presidency as Her Majesty might by such Letters Patent as aforesaid grant and direct subject however, to such directions and limitations as to the exercise of the original Civil and criminal jurisdiction beyond the limits of the Presidency Town as might be prescribed thereby and save as by such Letters Patent might be otherwise directed and subject and without prejudice to the legislative powers in relation to the matter aforesaid of the Governor-General of India in Council the High Court so to be established should have and exercise all jurisdiction and every power and authority whatsoever in any manner vested in any of the Courts in the same Presidency abolished under the said Act at the time of the abolition of such last mentioned Courts. And whereas it is further declared by the said recited Act that it shall be lawful for Us by letters Patent to erect and establish a High Court of Judicature in and for any portion of the territories within Her Majesty’s Dominions in India not included within the limits of the local jurisdiction of another High Court to consist of a Chief Justice and such number of other Judges with such qualifications as were by the same Act required in person to be appointed to the High Courts established at the said Presidencies as We from time to time might think fit and appoint and that subject to the directions of the Letters Patent all the provisions of the said recited Act relative to High Courts and to the Chief Justice and other Judges of such Courts and to the Governor-General of Governor of the Presidency in which the such High Courts were established shall as for as circumstances may permit be applicable to any new High Court which may be established in the said territories and to the Chief Justice and other Judges thereof and to the persons administering the government of the said Territories . And whereas We did upon full consideration of the premises think fit to erect and establish and by our Letters patent under the Great Seal of the United Kingdom of Great Britain and Ireland bearing date at Westminster the fourteenth day of May in the twenty fifth year of our reign in the Year of Our Lord one thousand eight hundred and sixty-two did accordingly for Us Our heirs and successors erect and establish at Fort William in Bengal for the Bengal Division of the Presidency of Fort William aforesaid a High Court of Judicature which should be called the High Court of Judicature at Fort William in Bengal and did not constitute the said Court to be a Court of Record.

1.Now know Ye that We upon full consideration of the premises and of Our special grace certain knowledge and mere motion have to ought fit to erect and establish and by these presents We do accordingly for Us Our heirs and successions erect and establish for the North-Western provinces of the Presidency of Fort William aforesaid (hereinafter referred to as the said territories ) a High Court of Judicature which shall be called The High Court of Judicature at Allahabad. And We do hereby constitute the said Court to be a Court of Record.

2. And we do hereby appoint and ordain that the said High Court of Judicature at Allahabad shall until further or other provision shall be made by Us or Our heirs and successors in that behalf in accordance with the said recited Act consist of a Chief Justice and five Judges the first Chief Justice being Walter Morgan Esquire and the five Judges being Alexender Rose Esquire, William Edwards Esquire, William Roberts Esquire. Francis Boyle Pearson Esquire and Charles Arthm Turner Esquire being respectively qualified as in the said Act is declared.

3. And We do hereby ordain that the Chief Justice and every Judge of the said High Court of Judicature at Allahabad previously to entering upon the execution of the duties of his office shall make and subscribe the following declaration before such authority or person as the Governor-General in Council may commission to receive it.

“I, A.E. appointed Chief Justice (or a Judge) of the High Court of Judicature at Allahabad do solemnly declare that I will faithfully perform the duties of my office to the best of my ability, knowledge and judgment”

4. And We do hereby grant ordain and appoint that the said High Court shall have and use as occasion may require a seal bearing a device and impression of Our Royal Arms within an exergue or label surrounding the same with this inscription : “The seal of the High Court at Allahabad” and We do further grant ordain and appoint that the said Seal shall be delivered to and kept in the custody of the Chief Justice and in case of vacancy of the office of Chief Justice or during any absence of the Chief Justice the same shall be delivered over and kept in the custody of the person appointed to act as Chief Justice under the provisions of section 7 of the said recited Act and We do further grant ordain and appoint that whensoever it shall happen that the office of Chief Justice or of the Judge to whom the custody of the said Seal be committed shall be vacant the said High Court shall be and is hereby authorized and empowered to demand seize and take the said Seal from any person or persons whomsoever by what ways and soever the same may have come to his, her or their possession.

5. And We do hereby further grant ordain and appoint that all writs, Summons, percepts, rules orders and other mandatory process to be used issued or awarded by the said High Court of Judicature at Allahabad shall run and be in the name and style of Us or of Our heirs and successors and shall be sealed with of the said High Court.

6. And We do hereby authorize and empower the Chief Justice of the said High Court of Judicature at Allahabad from time to time as occasion may require and subject to any rules and restrictions which may be prescribed by the Lieutenant-Governor of the United Provinces of Agra and Oudh to appoint so many and such Clerks and other Ministerial officers as shall be found necessary for the administration of Justice and the due execution of all the powers and authorities granted and committed to the said High Court by these Our Letters Patent. And it is Our further will and pleasure and We do hereby for Us Our heirs and successors give grant direct and appoint that all and every the Officers and Clerks to be appointed as aforesaid shall have and receive respectively such reasonable saiaries as the Chief Justice shall from time to time appoint for each office and place respectively and as the Leiutenant-Governor of the United Provinces of Agra and Oudh subject to the control of the Governor-General in Council shall approve of. Provided always and it is Our will and pleasure that all and every the Officers and Clerks to be appointed as aforesaid shall be resident within the limits of the jurisdiction of the said Court so long as they shall hold their respective offices but this proviso shall no interfere with or prejudice the right of any Officer and Clerk to avail himself of leave of absence under any rules prescribed by the Governor-General in Council and to absent himself from the said limits during the term. Of such leave in accordance with the said rules.

Admission of Advocates, Vakeels and Attorneys

7. And We do hereby authorize and empower the said High Court of judicature at Allahabad to approve, admit and enrol such and so many Advocates, Vakeels and Attorneys as to the said High Court shall seem meet and such Advocates, Vakeels and Attorneys shall be and are hereby authorized to appear for the said Suitors of the Said High Court and to plead or to act or to plead and act for the said Suitors according as the said High Court may by its rules and directions determine and subject to such rules and direction.

8. And We do hereby ordain that the said High Court of judicature at Allahabad shall have power to make rules for the qualification and admission of proper persons to be Advocates, Vakeels and Attorneys at Law of the said High Court and shall be empowered to remove or to suspend from practice on reasonable cause the said Advocates, Vakeels or attorneys at Law and no person whatsoever but such Advocates, Vakeels or Attorneys shall be allowed to act or to plead for or on behalf of any Suitor in the said High Court except that any Suitor shall be allowed to appear, plead or act on his own behalf or on behalf of a Co-Suitor.

Civil Jurisdiction of the High Court

9. And be do further ordain that the said High Court of Judicature at Allahabad shall have power to remove and to try and determine as a Court of extraordinary original jurisdiction any Suit being or falling within the jurisdiction of any Court subject to its superintendence when the said High Court shall think proper to do so either on the agreement of the parties to that effect or for purposes of justice the reasons for so doing being recorded on the proceedings of the said High Court.

Appeal to the High Court from Judges of the Court

10. And We do further ordain that an appeal shall lie to the said High Court of Judicature at Allahabad from the judgment (not being a judgment passed in the exercise of appellate jurisdiction by a Court subject to the superintendence of the said High Court and not being an order made in the exercise of revisional jurisdiction, and not being a sentence or order passed of made in the exercise of the power of superintendence under the provision of section 107 of the Government of India Act, or in the exercise of Criminal jurisdiction) of one Judge of the said High Court or one Judge of any Division Court, pursuant to section 108 of the Government of India Act, and that notwithstanding anything hereinbefore provided an appeal shall lie to the said High Court from a judgment of one Judge of the said High Court or one Judge of any Division Court, pursuant to section 108 of the Government of India Act. Made on or after the first day of February one thousand nine hundred and twenty nine in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of appellate jurisdiction by a Court subject to the superintendence of the said High Court, where the Judge who passed the judgment declares that the case is a fit one appeal: but that the right of appeal from other judgments of Judges of the said High Court or of such Division Court shall be to Us, Our Heirs or successors or Our or Their Privy Council, as hereinafter provided.

11. And We do further ordain that the said High Court of Judicature at Allahabad shall be a Court of Appeal from the Civil Courts of the said territories and from all other Courts to which there is now an appeal to the Sudder Dewanny Adawlut and shall exercise appellate jurisdiction in such cases as are subject to appeal to the said High Court by virtue of any laws or regulation now in force.

12. And We do further ordain that the said High Court of Judicature at Allahabad shall have the like power and authority with respect to the persons and estates of infants, idiots and lunatics within the said territories as that which is exercised in the Bengal Division of the Presidency of Fort William by the High Court of Judicature at Fort William in Bengal but subject to the provisions of any laws or regulations now in force.

Law to be administered by the High Court of Judicature at Allahabad

13. And We do further ordain that with respect to the law or equity to be applied to each case coming before the said High Court of Judicature at Allahabad in the exercise of its extraordinary original civil jurisdiction, such law or equity shall until otherwise provided be the law or equity which would have been applied to such case by any local Court having jurisdiction therein.

14. And We do further ordain that with respect to the law or equity and rule of good conscience to be applied by the said High Court of Judicature at Allahabad to each case coming before it in the exercise of its appellate jurisdiction such law or equity and rule of good conscience shall be the law or equity and rule of good conscience which the Court in which the proceedings in such case were originally instituted ought to have applied to such case.

Criminal Jurisdiction

15. And We do further ordain that the said High Court of Judicature at Allahabad shall have ordinary original criminal Jurisdiction in respect of all such persons within the said territories as the High Court of Judicature at Fort William in Bengal shall have criminal Jurisdiction over at the date of the publication of these presents and the criminal jurisdiction of the said last-mentioned High Court over such persons shall cease at such date Provided nevertheless that Criminal Proceedings which shall at such date, have been commenced in the said last mentioned High Court shall continue as if these presents had not been issued.

16. And We do further ordain that the said High Court of Judicature at Allahabad in the exercise of its ordinary original criminal jurisdiction shall be empowered to try all persons brought before it in due course of law.

17. And We do further ordain that the said High Court of judicature at Allahabad shall have extraordinary original criminal jurisdiction over all persons residing in place within the jurisdiction of any court now subject to the superintendence of Sudder Nizamut Adawlut and shall have authority to try at its discretion any such persons brought before it on charges preferred by nay Magistrate or other Officer specially empowered by any Government in that behalf .

18. And We do further ordain that there shall be no appeal to the said High Court from any sentence or order passed or made in any Criminal Trial before the Courts of original criminal Jurisdiction which may be constituted by one or more judges of the said High Court. But it shall be at the discretion of any such Court to reserve any point or points of law for the opinion of the said High Court.

19. And We do further ordain that on such point or points of law being so reserved as aforesaid the said High Court shall have full power and authority to review the case or such part of it as may be necessary and finally determine such point or points of law and there upon to alter the sentence passed by the Court of original jurisdiction and to pass such judgment and sentence as to the said High Court shall seem right.

20. And We do further ordain that the said High Court of Judicature at Allahabad shall be a Court of Appeal from the Criminal Courts of the said territories and from all other Courts from which there is now an appeal to the Court of Sudder Nizamut Adawlut for the said territories and shall exercise appellate jurisdiction in such cases as are subject to appeal to the said Court of Sudder Adawlut by virtue of any law now in force.

21. And We do further ordain that the said High Court shall be a Court of reference and revision from the Criminal Courts subject to its appellate Jurisdiction and shall have power to hear and determine all such cases referred to it by the Sessions Judges or by any other officer now authorized to refer cases to the Court of Sudder Nizamut Adawlut of the said territories and to revise all such cases tried by any officer or Court possessing criminal jurisdiction as are now subject to reference to or revision by the said Court of Sudder Nizamut Adawlut.

22. And We do further ordain that the said High Court shall have power to direct the transfer of any criminal cases or appeal from any court to any other Court of equal or superior jurisdiction and also to direct the preliminary investigation or trial of any criminal case by any Officer or Court otherwise competent to investigate or try it though such case belongs in ordinary course to the jurisdiction of some other Officer or Court.

Criminal Law

23. And We do further ordain that all persons brought for trial before the said High Court of Judicature at Allahabad either in the exercise of its original jurisdiction or in the exercise of its jurisdiction as a Court of appeal reference or revision charged with any offence for which provision is made by Act No.XLV of 1860 called the "Indian Penal Code" or by any Act amending or excluding the said Act which may have been passed prior to the publication of these presents shall be liable to punishment under the said Act or Acts and not otherwise.

Exercise of jurisdiction elsewhere than at the ordinary place of sitting of the High Court

24. And We do further ordain that whenever it shall appear to the Lieutenant-Governor of the United Provinces of Agra and Oudh subject to the control of the Governor-General in Council convenient that the jurisdiction and power by these Our Letters patent or by the recited Act vested in the said High Court should be exercised in any place within the jurisdiction of any Court now subject to the superintendence of the Sudder Dewanny Adawlut or the Sudder Nuzamut Adawlut of the said territories other than the usual place of sitting of the said High Court or at several places by way of Circuit the proceedings in cases before the said High Court at such place or places shall be regulated by any law relating thereto which has been or may be made by competent legislative authority for India.

Testamentary and Intestate Jurisdiction

25. And We do further ordain that the said High Court of Judicature at Allahabad shall have the like power and authority as that which is now lawfully exercised within the said territories by the said High Court of Judicature at Fort William in Bengal in relation to the granting of Probates of last Wills and Testaments and Letters of administration of the goods, Chattels, Credits and all other effects whatsoever of persons dying intestate and that the jurisdiction of the said last-mentioned High Court in relation thereto shall cease from the date of the publication of these presents : Provided always that any proceedings already commenced in relation to any of the matters aforesaid in the said last-mentioned High Court shall continue as if these presents had not been issued : Provided also that nothing in these Letters Patent contained shall interfere with the provisions of any law which has been made by competent legislative authority for India by which power is given to any other Court to grant such Probates and Letters of Administration.

Matrimonial Jurisdiction

26. And We do further ordain that the said High Court of Judicature at Allahabad shall have jurisdiction within the said territories in matters matrimonial between Our Subjects professing the Christian religion : Provided always that nothing herein contained shall be held to interfere with the exercise of any jurisdiction in matters matrimonial by any Court not established by Royal Charter within the said territories lawfully possessed thereof.

Powers of single Judges and Division Courts

27. And We do hereby declare that any function which is hereby directed to be performed by the said High Court of Judicature at Allahabad in the exercise of its original or appellate jurisdiction may be performed by any Judge or by any Division Court thereof appointed or constituted for such purpose in pursuance of section one hundred and eight of the Government of India Act,1915, and if such Division Court is composed of two or more Judges and the Judges are divided in opinion as to the decision to be given on any point such point such point shall be decided according to the opinion of the majority of the Judges if there shall be a majority but if the judges should be equally divided they shall state the point upon which they differ and the case shall then be beard upon that point by one or more of the other Judges and the point shall be decided according to the opinion of the majority of the Judges who have heard the case including those who first heard it.

Civil Procedure

28. And We do further ordain that it shall be lawful for the said High Court of Judicature at Allahabad from time to time to make rules and orders for the purpose of adapting as far as possible the provisions of the Code of Civil procedure being an Act passed by the Governor-General in Council and being Act No.VIII of one thousand eight Hundred and fifty-nine and the provisions of any law which has been or may be made amending or altering the same by competent legislative authority for India to all proceedings in its testamentary intestate and matrimonial jurisdiction respectively.

Criminal Procedure

29. And we do further ordain that the proceedings in all criminal cases which shall be brought before the said High Court in the exercise of its ordinary original criminal jurisdiction shall be regulated by the procedure and practice which was in use in the High Court of Judicature for Fort William in Bengal immediately before the publication of these presents subject to any law which has been or may be made in relation thereto by competent legislative authority for India and that the proceedings in all other criminal cases shall be regulated by the Code of Criminal procedure prescribed by an Act passed by the Governor-General in Council and being Act No. XXV of 1861 or by such further or other laws in relation to criminal procedure as may have been on may be made by such authority as aforesaid.

Appeals to privy Council

30. And We do further ordain that any person or persons may appeal to Us, Our heirs and successors in Our or Their privy Council in any matter not being of criminal Jurisdiction from any final judgment decree or order of the said High Court of Judicature at Allahabad made on appeal and from any final judgment decree or order made in the exercise of original jurisdiction by Judges of the said High Court or of any Division Court from which an Appeal shall not lie to the said High Court under the provision contained in the 10th clause of these presents provided in either case that the sum or matter at issue is of the amount or value of not less than ten thousand rupees or that such judgment decree or order shall involve directly or indirectly some claim demand or question to or respecting property amounting to or of the value of not less than ten thousand rupees or from any other final judgment decree or order made either on appeal or otherwise as aforesaid when the said High Court shall declare that the case is a fit one for appeal to Us, Our heirs or successors in Our or their privy Council subject always to such rules and orders as are now in force or may from time to time be made respecting appeals to Ourselves in Council from the Courts of the said territories except so far as the said existing rules and orders respectively are hereby varied and subject also to such further rules and orders as We may with the advice of our privy Council hereafter make in that behalf.

31. And We do further ordain that it shall be lawful for the said High Court of Judicature at Allahabad at its discretion on the motion or if the said High Court be not sitting then for any Judge of the said High Court upon the petition of any party who considers himself aggrieved by any preliminary or interlocutory judgment, decree, order or sentence of the said High Court in any such proceeding as aforesaid not being of criminal jurisdiction to grant permission to such party to appeal against the same to Us, Our heirs and successors in Our or Their Privy Council subject to the same rules, regulation and limitations as are herein expressed respecting appeals from final judgments, decrees, order and sentences.

32. And We do further ordain that form any judgment, order or sentence of the said High Court of Judicature at Allahabad made in the exercise of original criminal jurisdiction or in any criminal case where any points of law have been reserved for the opinion of the said High Court in manner hereinbefore provided by any Court which has exercise original jurisdiction it shall be lawful for the person aggrieved by such judgment, order or sentence to appeal to Us, Our heirs or successors in Council provided the said High Court shall declare that the case is a fit one for such appeal and under such conditions as the said High Court may establish or require subject always to such rules and orders as we may with the advice of Our privy Council hereafter make in that behalf.

33. And We do further ordain that in all cases of appeal made from any judgment, order, sentence or decree of the said High Court of Judicature at Allahabad to Us, Our heirs or successors in Our or, their Privy Council such High Court shall certify and transmit to Us Our heirs and successors in Our or Their privy Council a true and correct copy of all evidence, proceedings, judgments, decrees and orders had or made in such case appealed so far as the same have relation to the matters of appeal such copies to be certified under the seal of the said High Court and that the said High Court shall also certify and transmit to Us, Our heirs and successors in Our or Their privy Council a copy of the reasons given the Judges of such Court or by any of such judges for or against the judgment or determination appealed against. And We further ordain that the said High Court shall in all cases of appeal to Us, Our heirs or successors conform to and execute or cause to be executed such judgments and orders as We Our heirs or successors in Our or Their Privy Council shall think fit to make in the premises in such manner as any original judgment, decree or decretal orders or other order or rule of the said High Court should or might have been executed.

Calls for Records, etc. by the Government

34. And it is our further will and pleasure that the High Court of Judicature at Allahabad shall comply with such requisitions as may be made by the Government for records, returns and statements in such form and manner as such Government may deem proper.

35. And We do further ordain and declare that all the provisions of these our Letters Patent are subject to the legislative powers of the Governor General in Legislative Council, and also of the Governor General in Council under section seventy-one of the Government of India Act, 1915 and also of the Governor-General in cases of emergency under section seventy-two of that Act and may be in all respects amended and altered thereby.

In witness whereof we have caused these our Letters to be made Patent.

Witness ourself at Westminster the seventeenth day of March in the twenty-ninth year of our reign.

By warrant under the Queen’s Sign Manual.

C. ROMILLY