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Bombay and Madras, through which the Civil and
Criminal Courts, as established, started deriving their authority from the
King. It is to be noted that during Mughal Empire the East India Company by
taking settlement and with permission from Mughal Badshah created the three
presidency towns namely Madras, Bombay and Calcutta and said East India
Company introduced the English legal system for administration of the
presidency towns and thus the English Judicial system got entry into the
territory of Indian Sub-continent. The filing of the appeals from the then
India in the Privy-Council in England was introduced by the said Charter of
1726 and thereafter to bring about change in the management of the then East
India Company, the East India Company Regulating Act, 1773 was introduced to
place the East India Company under the control of the British Government and
provision was made for establishment of a Supreme Court of judicature at Fort
William, Calcutta, through Charter or Letters Patent. The Supreme Court of
Judicature at Fort William in Bangal was established by Letters Patent
issued on March 26, 1774, which as a Court of Record had power and authority
to dispose of all complaints against the Majesty's subjects in respect of any
crime, suit or action arisen within the territory
of Bengal, Bihar
and Orissa. By an Act passed in 1833 the Privy-Council was transformed into
an Imperial Court of unimpeachable authority, which played a great role as an
unifying force for establishment of rule of law in the Indian Sub-continent.
The judicial system of the then India was reorganized by introducing the
Indian High Court's Act 1861 by which High Courts were established,
abolishing the Supreme Courts at Fort William (Calcutta), Madras and Bombay,
and the High Courts established were conferred with Civil, Criminal,
Admiralty, Testamentary, Matrimonial jurisdictions with Original and
Appellate Jurisdiction. With the transfer of power from the British
Parliament to the people on division of the then India, the High Court of
Bengal (order) 1947 was promulgated under the Indian Independence Act, 1947,
and the High Court of judicature for East Bengal at Dhaka was established as
a separate High Court for the then East Pakistan and the said High Court was
commonly known as the Dhaka High Court and the same was vested with all
Appellate, Civil and Original jurisdictions. With the enforcement of the
Constitution of Islamic Republic of Pakistan in 1956, the Supreme Court of
Pakistan was established as the apex Court of the country, consisting of East
Pakistan and West Pakistan, in place of Federal Court, with the appellate
jurisdiction to hear the decisions of the High Courts established in the
provinces of the Pakistan.
The Dhaka High Court had the jurisdiction to issue writs in the nature of
Habeas Corpus, Mandamus, Prohibition, Quo-warranto and Certiorari, with
further authority to declare any law promulgated violating the provisions of
the Constitution as bad and void
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