The Court Of Calcutta, Bombay And Madras Essay

734 Words Dec 7th, 2016 3 Pages
When the three Courts of Calcutta, Bombay and Madras were established, the English common law and statute law relating to contracts were introduced, suited to Indian conditions, by the Charters’ Application of English law to the Muslims and the Hindus, led to many further inconveniences.
To remove this difficulty and bring in uniformity, the statute of 781 empowered the Supreme Court (the then Court of Calcutta) and the statute of 1797 the Recorders Court; i.e, Court of Bombay and Madras to determine all matters of contract in case of Muslims by the laws governing them and in case of Hindus by the laws and usages they follow. The effect of the statutes was to supercede English law so far as regards to the Hindus and the Muslims in case of contracts. In spite of bringing in these changes, by the Statutes of 1781 and 1799, the problems being faced were not effectively resolved. A comprehensive law was strongly felt to be necessary, especially in regard to contracts. Accordingly the Indian Contract Bill was introduced in the legislature and passed to give rise to The Indian Contract Act of 1872.
In the terms of a layman, a contract means an agreement that is legally binding. An offer has to pass through the stages of acceptance and agreement before it finally becomes a contract. The Law of Contracts is based on a Latin phrase, ‘pacta sun servanda’ which roughly translates to ‘agreements must be kept’. Contracts are an indispensable part of our everyday life and The Indian…

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