CLAT Sample Paper UG-CLAT Mock Test-7 (2020)

  • question_answer
    By a Royal Charter granted by the Queen on 31 December 1600 the East India Company was established and the Indians and Britishers came under the jurisdiction of the Company. The Charter created a monopoly for the Company in the matters of business and the violation of the Charter was punishable with forfeiture of the ships and cargo of the violators. Bombay, Madras and Calcutta were three Presidencies during British India. The Charter of 1687, issued by the Company itself and not the Crown, established a town corporation at Madras.
    The Company expanded a lot in over 100 years of its creation. It added new establishments to its jurisdiction. Such expansion of its establishments brought new challenges to the East India Company. Therefore, the Company made a request to the King to issue a Charter by which special powers could be granted to it. On such request the Company was granted Charter by King George I in 1726 to establish “"Mayor’'s Courts”" in Madras, Bombay and Calcutta (now Chennai, Mumbai and Kolkata respectively). Mayor'’s Courts were not courts of the Company, but courts of the King of England. Mayor'’s Courts superseded all existing courts established in the above places. These courts were given the authority "“to try, hear and determine all civil suits, actions and pleas”" that may arise within the three towns or within the factories of the Company. The composition of the Mayor’'s Court was such that most of the members were required to be naturally born British subjects. It consisted of a Mayor and nine Aldermen, seven of whom, including the Mayor, were required to be naturally born British subjects. Alderman was a member of the municipal legislative body in a town or city in many jurisdictions. Aldermen were elected from among the leading inhabitants of the settlement to hold the position for life. The Mayor was elected from among the Aldermen. The Mayor’'s Courts contributed significantly to the formulation of a uniform pattern of judicial functioning in India. The inhabitants of the settlement were governed by the English Law, irrespective of their nationality. The Charter of 1726 did not specify the law to be applied by the Mayor'’s Courts. The Charter merely stated that the court was required to "“give Judgment and sentence according to justice and right"”. However, based on the past practice and; the light of the 1661 Charter, the then existing English Law or principles of English Common Law and Equity were applied. Thus, the Mayor'’s Courts administered English Law, which was assumed to be the lex loci ("“law of the land"”) of the settlement. It is generally understood that the Charter of 1726 indirectly brought into application the laws of England-both common law and statute law-into the three British Settlements in India this is one of the distinctive outcomes of the 1726 Charter. Decisions of the Mayor'’s Court were appealable. Appeals from the Mayor’'s Court were made to the Court of Governor and the Council. The Governor and five members of the Council were appointed Justices of Peace and constituted criminal court. The Court of Governor and Council were required to meet four times a year for the trial of all offences, except that of high treason. A second appeal in cases valued at 1000 pagodas or more, was available to the King-in-Council in England.
    What is incorrect about the Mayor’s court?

    A) It consisted of a Mayor and 10 Aldermen

    B) The court was given the authority to try civil suits

    C) Most of the members were required to be naturally born British subjects

    D) Mayor was required to be naturally born British subject

    Correct Answer: A

    Solution :

    (a) These courts were given the authority "to try, hear and determine all civil suits, actions and pleas" that may arise within the three towns or within the factories of the Company. The composition of the Mayor's Court was such that most of the members were required to be naturally born British subjects. It consisted of a Mayor and nine Aldermen, seven of whom, including the Mayor, were required to be naturally born British subjects.


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