High Court of Madras - Biblioteka.sk

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High Court of Madras
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Madras High Court
Madras High Court Building
Map
13°05′12.8″N 80°17′16.4″E / 13.086889°N 80.287889°E / 13.086889; 80.287889
Established26 June 1862; 161 years ago (1862-06-26)
JurisdictionTamil Nadu and Puducherry
LocationPrincipal bench
Additional bench
Coordinates13°05′12.8″N 80°17′16.4″E / 13.086889°N 80.287889°E / 13.086889; 80.287889
MottoSatyameva Jayate
Composition methodPresidential with confirmation of Chief Justice of India and Governor of respective state
Authorized byConstitution of India
Appeals toSupreme Court of India
Appeals fromSubordinate Courts of Tamil Nadu
Judge term lengthMandatory retirement at age 62
Number of positions75
(Permanent 56; Addl. 19)
LanguageEnglish, Tamil
Websitehcmadras.tn.nic.in
Chief Justice
CurrentlyR. Mahadevan (acting)
Since24 May 2024

The Madras High Court (IAST: Meṭrās Uyar Nītimaṉṟam) is a High Court in India. It has appellate jurisdiction over the state of Tamil Nadu and the union territory of Puducherry. It is located in Chennai, and is one of the oldest high courts of India along with Calcutta High Court in Kolkata[1][2][3] and Bombay High Court in Mumbai. The Madras High Court is one of four charter high courts of colonial India established in the four Presidency Towns of Madras, Bombay, Allahabad and Calcutta by letters patent granted by Queen Victoria, dated 26 June 1862. It exercises original jurisdiction over the city of Chennai, as well as extraordinary original jurisdiction, civil and criminal, under the letters patent and special original jurisdiction for the issue of writs under the Constitution of India.[4][5] Covering 107 acres, the court complex is one of the largest in the world, second only to the Supreme Court of the United Kingdom. The four-storey administrative building attracts hundreds of litigants every day.

The High Court consists of 74 judges and a chief justice.[5][6]

History

From 1817 to 1862, the Supreme Court of Madras was opposite the Chennai Beach railway station. From 1862 to 1892, the High Court was also housed there. The present buildings were officially inaugurated on 12 July 1892, when the then Madras Governor, Beilby, Baron Wenlock, handed over the key to then Chief Justice Sir Arthur Collins.[7]

The statue of Manuneedhi Cholan in the Madras High Court premises

British India's three presidency towns of Madras (Chennai), Bombay (Mumbai), and Calcutta (Kolkata) were each granted a High Court by letters patent dated 26 June 1862.[8] The letters patent were issued by Queen Victoria under the authority of the British parliament's Indian High Courts Act 1861. The three courts are unique, established under British royal charter in contrast with the other high courts, which were established under the Indian Constitution. The Constitution of India recognises the older courts.

The Madras High Court was formed by merging the Supreme Court of Judicature at Madras, and the Sadr Diwani Adalat. The Court was required to decide cases in accordance with justice, equity and good conscience. The earliest judges included Holloway, Innes, and Morgan. The first Indian to sit on the High Court was Justice T. Muthuswamy Iyer. Other early Indian judges included Justices V. Krishnaswamy Iyer and P. R. Sundaram Iyer.

The Madras High Court was a pioneer in Original Side jurisdiction reform in favor of Indian practitioners as early as the 1870s.

The history means that the decisions of the British Judicial Committee of the Privy Council are still binding on it, provided that the ratio of a case has not been overruled by the Supreme Court of India.

Although the city was renamed from Madras to Chennai in 1996, the Court continued as the Madras High Court. The Tamil Nadu Legislative Assembly passed a unanimous resolution appealing to the Central Government to rename the court as High Court of Tamil Nadu since the Court serves the whole state.[9]

Court complex

Madras High Court, Chennai

The High Court complex is located in the southern end of George Town. The building was constructed after relocating temples on the land. The building now used exclusively by the High Court was built to also house the Courts of Small Causes and the City Civil Court. These were subsequently shifted to other buildings on the campus.[10]

The High Court building is an example of Indo-Saracenic architecture. Construction began in October 1888 and was completed in 1892 following the design prepared by J. W. Brassington,[10] and later under the guidance of architect Henry Irwin,[11] who completed it with the assistance of J. H. Stephens.

Brassington initially prepared a plan to construct a building with 11 court halls at an estimate of 945,000. Six were meant for the High Court, four for the Small Causes Court, and one for the City Civil Court. An additional building to house lawyers’ chambers was added to the plan, with a first floor walkway to connect it to the main building, increasing the budget to 1,298,163. Complementing a 125-feet-tall standalone lighthouse that was already on the site, a dioptric light was built on the 142-feet-high main tower of the building, raising the tower's height to 175 feet.[10]

Save for the steel girders and some ornamental tiles, almost all the material for the construction was procured locally. Brick and terracotta were brought from government brickyards. Most of the construction was executed by local artisans trained at the School of Arts.[10]

The High Court building was damaged in the shelling of Madras by SMS Emden on 22 September 1914, at the beginning of the First World War. It remains one of the few Indian buildings to have been damaged by a German attack.

The building offers several points of architectural interest. The painted ceilings and the stained glass doors are masterpieces. The old lighthouse is housed within the High Court campus but is poorly maintained and in disrepair.

The boundaries of the complex are marked by Prakasam Road (formerly Broadway) and Rajaji Road (the old North Beach Road), stretching northward from the statue of Rajaji in the northeast and the statue of T. Prakasamgaru in the southwest within the complex. The complex houses the largest number of courts in Asia.[12]

Panoramic view of the High Court and its surroundings

The city civil and sessions courts, which are located inside the High Court campus, are in two blocks, namely, the main and annexe buildings. Some of the city civil courts are located at Additional City Civil Court Complex at Allikulam Commercial Complex in Park Town and M. Singaravelar Maligai in George Town. The District and Session Court for Exclusive Trial of Bomb Blast Cases is located at Karayanchavadi in the neighbourhood of Poonamallee, and the Commercial Court is located in the neighbourhood of Egmore.[13]

Bench

The current Chief Justice of the Madras High Court is Sanjay V. Gangapurwala. The court houses 63 judges, including the Chief Justice. They exercise civil, criminal, writ, testamentary and admiralty jurisdiction.[14] The Madurai Bench began functioning in 2004.

The vestiges of the colonial High Court characterise the premises. Justices of the Madras High Court are led by orderlies who bear a ceremonial mace made of silver. Most High Courts and the Supreme Court of India either never had the practice or abandoned it.[15]

Related publications

Madras Law Journal

The Madras High Court is the birthplace of organised legal reporting in India. It is home to the Madras Law Journal,[16] which was the first journal dedicated to reporting texts of judgments of the High Court. It started in 1891.

The High Courts, c. 1905

The Saturday Club met every week. It was started at the house of the Vakil Bar's senior member Sir S. Subramania Iyer in Mylapore in 1888. All leading members of the Madras Bar took part. At one meeting, it was decided to start The Madras Law Journal, which was inspired by other newly established periodicals such as Law Quarterly Review, started by Sir Frederick Pollock in England in 1885 and The Harvard Law Review established by Harvard Law School Association in 1887.

The objectives of the journal were laid out in the preface of the first issue:

In addition to giving our own reports of the decisions of the High Courts in Madras and other places, we hope to place before our readers translations of various Hindu Law Books which remain yet untranslated, insofar as they have bearing on questions which practically arise for decision every day in our Courts of Justice. We propose further from time to time, to place side by side the conflicting decisions of the various Courts in India on the same point in the hope that such procedure will enable the Courts to act in greater harmony than they do at present in the interpretation of Acts and enunciation of general principles of law and when this is not possible, to enable the Legislature to bring about such harmony by removing the ambiguities which may have given rise to such discordant views.

The Madras Law Journal is known for its quickness and reporting accuracy and its discriminating selection of cases to be reported. It occupies a premier place among Indian legal periodicals.

Madras Weekly Notes (criminal and civil)

Madras Weekly Notes is a law journal reporting criminal judgements of the Madras High Court from 1910 to till date.

Citations are formatted as, e.g., "1929 1 MWN(Cr.) 1", where (left to right) 1929 is the year, 1 is the volume, "MWN(Cr.)" is the abbreviated journal name, and "1" is the page number.

Journals

Journals that record cases include Current Tamil Nadu Cases, Current Writ Cases, and Tamil Nadu Motor Accident Cases.

Madurai Bench

Established in 2004, the Madurai bench of the Madras High Court handles cases in the fourteen southern districts of Tamil Nadu, as the court is located in the far-northern capital. The bench is located in Madurai, and has the Kanyakumari, Tirunelveli, Thoothukudi, Tenkasi, Madurai, Dindigul, Ramanathapuram, Virudhunagar, Theni, Sivaganga, Pudukottai, Thanjavur, Tiruchirappalli and Karur districts under its jurisdiction.

The court complex has 12 court halls, furnished on the model of the court halls in the Supreme Court, the Delhi and the Madras High Court.

The court, since its inauguration on 24 July 2004, has accelerated the legal process in the southern districts.[17]

List of chief justices

Watercolour "Holy men outside Sir Thomas Strange house." In 1800, Strange became the first Chief Justice of the Supreme Court of Fort St. George (Madras), British India.

Supreme Court

# Chief Justice Term
1 Sir Thomas Andrew Lumisden Strange 1801–1816
2 Sir John Henry Newbolt 1816–1820
3 Sir Edmond Stanley 1820–1825
4 Sir Ralph Palmer 1825–1835
5 Sir Robert Buckley Comyn 1835–1842
6 Sir Edward John Gambier 1842–1850
7 Sir Christopher Rawlinson 1850–1859
8 Sir Henry Davison 1859–1860
9 Sir Colley Harman Scotland 1860–1861

High Court (British Administration)

# Chief Justice Term
9 Sir Colley Harman Scotland 1861–1871
10 Sir Walter Morgan 1871–1879
11 Sir Charles Arthur Turner 1879–1885
12 Sir Arthur John Hammond Collins 1885–1898
13 Charles Arnold White 1899–1914
14 John Edward Power Wallis 1914–1921
15 Sir Walter George Salis Schwabe 1921–1924
16 Sir Murray Coutts-Trotter 1924–1929
17 Sir Horace Owen Compton Beasley 1929–1937
18 Sir Alfred Henry Lionel Leach 1937–1947
19 Sir Fredrick William Gentle 1947–1948

High Court (Indian Administration)

Zdroj:https://en.wikipedia.org?pojem=High_Court_of_Madras
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S. No. Chief Justice Date of Appointment Date of Retirement
20 P. V. Rajamannar 22 April 1948 9 May 1961
21 S. Ramachandra Iyer 16 September 1961 1 November 1964
22 Palagani Chandra Reddy 15 February 1965 30 June 1966
23 M. Anantanarayanan 1 July 1966 30 April 1969
24 Kuppuswami Naidu Veeraswami 1 May 1969 11 March 1976
25 Palapatti Sadaya Goundar Kailasam 8 April 1976 2 January 1977
26 Padmanbhapillay Govindan Nair 3 January 1977 28 May 1978
27 Tayi Ramaprasada Rao 29 May 1978 5 November 1979
28 Muhammad Kassim Muhammad Ismail 6 November 1979 9 July 1981
29 Ballabh Narayan Singh 12 March 1982 24 January 1984
30 Madhukar Narhar Chandurkar 2 April 1984 13 March 1988
31 Shanmughasundaram Mohan 19 October 1989 24 October 1989
32 Adarsh Sein Anand 1 November 1989 17 November 1991
33 Kanta Kumari Bhatnagar 15 June 1992 14 November 1992
34 Kudarikoti Annadanayya Swamy 1 July 1993 19 March 1997
35 Manmohan Singh Liberhan 7 July 1997 27 December 1998
36 Ashok Chhotelal Agarwal 24 May 1999 26 August 1999
37 K. G. Balakrishnan 9 September 1999 15 June 2000
38 Nagendra Kumar Jain 13 September 2000 30 August 2001
39 B. Subhashan Reddy 12 September 2001 20 November 2004
40 Markandey Katju 28 November 2004 10 October 2005
41 Ajit Prakash Shah 12 November 2005 9 May 2008
42 Asok Kumar Ganguly 19 May 2008 15 December 2008[18]
43 Hemant Laxman Gokhale 9 March 2009 28 April 2010
44 M. Y. Eqbal 11 June 2010 21 December 2012