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LUCKNOW JUDGESHIP
LUCKNOW JUDGESHIP
LUCKNOW JUDGESHIP
LUCKNOW JUDGESHIP

Lucknow

 

 

DISTRICT & SESSIONS COURT, LUCKNOW

 

HISTORY

Lucknow is the capital city of the state of Uttar Pradesh. This city is the administrative headquarter of Lucknow District and Division. Lucknow has always been known as a multicultural city, and flourished as a cultural and artistic capital of North India in the 18th and 19th centuries. District & Sessions Court, Lucknow is situated adjacent to Hon’ble High Court, Lucknow Bench, in qaiserbagh, Lucknow. District & Sessions Court, Lucknow comes under the administrative control of the Hon’ble High Court of Judicature At Allahabad. court is located on the banks of Gomti river, which carries the heritage of Lucknow. There are three blocks of civil court premises; north block, south block and multistoried building. There are two outlying courts namely civil judge (senior division) Mohanlalganj and civil judge (senior division) Malihabad. These courts are situated in the Civil Court Campus. There are five C.B.I. courts working at Roushanuddaulah building qaiserbagh, lucknow, family court is situated at American library, Lucknow and northen railway and north eastern railway courts are located at railway station Charbagh, Lucknow. District & Sessions Court Lucknow is the largest judgeship in Uttar Pradesh which contains maximum number of courts. The Judgeship has Central Bar Association which is also located at the Civil Court premises.

 

CHIEF COURT OF OUDH:- This system of Judicial administration was found inadequate and antiquated. So, in order to meet the public demand, an Act, U. P. Act IV of 1925 (Oudh Courts Act) was passed in 1925 by the U. P. Legislature with the previous sanction of the Governor-General as required by sub-section (3) of Section 80-A of the Government of India Act, 1919 "to amend and consolidate the law relating to courts in Oudh". It abolished the earlier Oudh Courts Act, and established a Chief Court for Oudh, with 5 Judges: one Chief Judge and 4 puisne Judges. Out of 5 Judges two were members of Indian Civil Service, one a member of the Provincial Judicial Service and two were from the Bar: The Chief Court had original Civil Jurisdiction for trial of suits having valuation of 5 lakhs and over under Section 7 of the said Act. This was subsequently repealed by Act IX of 1939. There was another change in the Act by modification of Section 4 of the said Act by the Government of India (Adaptation of Indian Laws) Order, 1937, where under it was provided that "Chief Court shall consist of a Chief Judge and such other Judges as may be appointed under the Government of India Act, 1935'" Under this provision a sixth Judge was appointed in 1945 from the Bar, who functioned up to amalgamation' of the Chief Court with the Allahabad High Court, by the United Provinces High Court (Amalgamation) Order, 1948, made by the Governor-General under Section 229 of the Government of India Act, 1935, after presentation of an address by both chambers of U. P. Legislature to the Governor of U. P. which was submitted to the Governor-General. After amalgamation, the two separate courts became one Court, by the name of "the High Court of Judicature at Allahabad". It was provided by a proviso to para 14 of the Amalgamation Order that "such Judges of the new High Court, not less than 2 in number, as the Chief Justice may, from time to time, nominate, shall sit in Lucknow to dispose of cases arising in Oudh". At present there are seven Judges of the High 'Court stationed in Lucknow, with a Senior Judge to deal with administrative matters of the Lucknow Bench. The other Judges, including the Chief Justice, come to Lucknow for short periods from time to time and such permanent Judges of the Lucknow Bench go to Allahabad as and when nominated by the Chief Justice. Before amalgamation, the Chief Judge of the Chief Court was paid a salary of Rs. 4, 000, while puisne Judges, Rs. 3,500 each, per mensem.

The Establishment of Shi‘i Courts in Awadh:- The Usuli ulama, for all their privileged position and new wealth, lacked official control over Awadh law. To move into such judicial posts required a degree of integration into the institutions of the secular government which the Indian Usulis had thus far avoided. It would also give the mujtahids a much more powerful tool for shaping Awadh society in accordance with their interpretations of Islamic law in its Imami form. The coincidence of ambitious Usuli ulama at the head of the religious establishment and cooperative Awadh monarchs guaranteed both the willingness of the government to appoint Shi‘i judges and the willingness of the jurisprudents to plunge into the mire of positive law.

Mughal traditions proved tenacious in Awadh, partially because the Nawabs, for all their Iranian and Safavid symbols, had themselves been integrated into the Mughal heritage. Even when the Nishapuri rulers declared themselves kings, Awadh administration proceeded along Mughal lines. Many Mughal land and service grants continued in force, and what was most remarkable, the judicial system remained in the hands of Hanafi Sunnis. As was shown above, even in the first decade of the nineteenth century Sacadat ‘Ali Khan proposed that a Shi‘i judiciary be established. The Usuli ulama, who did not trust him and did not wish to compromise their integrity, any further, rebuffed him.

The Farangi-Mahall family filled most judicial posts. Lucknow and Faizabad had urban criminal and civil courts (divani ‘adalat ), and major government offices employed jurisconsults. Hereditary village qazis had jurisdiction over their parganah. Large landholders and government-appointed revenue collectors and governors (fawjdars) also dispensed justice according to customary law; In Faizabad Hafizu'llah Farangi-Mahalli headed the civil and criminal courts, with his relative Nicmatu'llah serving as a mufti. In Lucknow Muhammad Yusuf Farangi-Mahalli (d. 1870) succeeded his father as mufti on the civil and criminal court at Rs. 200 per month, holding the post until Vajid ‘Ali Shah's deposition. Sunnis from outside Lucknow filled some judicial posts. Mufti Sacdu'llah Moradabadi (1804-77) studied in Rampur and Delhi, arriving in Lucknow in 1827 for further schooling at Farangi Mahall. He taught at the royal seminary, then became mufti for the office of the chief municipal authority (kotwal ) in Lucknow.

JUDICIAL COMMISSIONER'S COURT

Government Pleaders

  1. Rai Bahadur Sri Ram-An eminent lawyer, who was a member of the Viceroy's Legislative Council for a time.
  2. Rai Bahadur Nagendra Nath Ghosal, who later became Government Pleader of the Chief Court after its establishment but died shortly after in May 1926.

CHIEF COURT OF OUDH

  1. Sir George Hector Thomas, Barrister-at-Law, was the first Government Advocate in the Chief Court and Standing Counsel of the Government and Court of Wards. He was appointed a puisne Judge of the Chief Court in 1934 and became Chief Judge in 1940 and retired in 1946. He was conferred Knighthood in December, 1940.
  2. H. K. Ghose, Barrister-at-Law, was appointed in May, 1926, Government Pleader of Oudh, which designation was later changed into Assistant Government Advocate and Junior Standing Counsel in the Chief Court, officiated as Government Advocate in 1930-31 and again in 1935; was appointed Government Advocate and Senior Standing Counsel in 1941 and superannuated in July, 1946. Government conferred title of Rai Bahadur on him in 1940. He is now Senior Vice-President of the Oudh Bar Association, which celebrated the golden Jubilee of his practice on 18th December, 1960.
  3. Syed Ali Mohammad, Advocate, Temporary Assistant Government Advocate from June 1930-31.
  4. Rai Bahadur H. S. Gupta, Barrister-at-Law, called to the Bar by Gray's Inn. He started practice in Bahraich, where he was appointed District Government Pleader and later was transferred to Lucknow as Government Pleader in the Court of District Judge, Lucknow. He was appointed Government Advocate and Standing Counsel in 1934, after Sir George Thomas. Government conferred the title of Rai Bahadur on him.
  5. Mr. S. C. Das, Barrister-at-Law, now Standing Counsel of the Income-tax Department in the High Court, officiated as Assistant Government Advocate from May 1936 to December 1936 - and again for 3 months in 1940.
  6. Mr. Nasirullah Beg, M. A., Barrister-at-Law (now Hon'ble Mr. N. U. Beg, Chief Justice) was called to the Bar by the Gray's Inn, London, started practice in 1925, was appointed Assistant Government Advocate and Junior Standing Counsel in the Chief Court in 1941 and Government Advocate and Senior Standing Counsel in 1946. He was appointed a Judge of the High Court on 1st July, 1951. He was Senior Judge in-charge of the Lucknow Bench for about five years and acted as Chief Justice on several occasions. On 24th September, 1966, he was appointed as permanent Chief Justice.
  7. Shri P. N. Chaudhari, Advocate, was appointed Assistant Government Advocate in July 1946, and continued to work for the State up to and after amalgamation of the two Courts, working as Deputy Government Advocate, in Allahabad and Later as Additional Government Advocate in Lucknow Bench. After the amalgamation of the two Courts in 1948, the functions of the Government Advocate and Standing Counsel were separated and the cadre of Law Officers in Allahabad and Lucknow were amalgamated.