Full text : The constitution and powers of the Government of India

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Judge of the Sudder Court, and he at once proceeded
to assert the right of the civil courts to revise in regular
suits the proceedings of the revenue courts, and to
be independent of them. The grounds for this view
were that the revenue authority was an exercise of
executive power; and that, if the regulations for
assessing and collecting the public revenue were
infringed, the revenue officers themselves must be
the aggressors; and that individuals who had been
wronged by them in one capacity could never hope for
redress from them in another. The civil courts seem
to have exercised separate jurisdiction until 1786,
although the Governor-General in Council resumed
the superintendence of the Sudder Dewani Court
shortly after it had been placed under the Chief
Justice.

In 1787 the administration of both civil and
criminal justice, as well as that of the revenue, were
again joined together in the person of the collectors
of districts, under the Sudder Court at Calcutta.
In 1793 Lord Cornwallis strongly objected to the
system of placing the administration of civil justice
under revenue collectors, While he considered that
collectors should be armed with power to enforce
their demands, their abuse of this power could only
be prevented by courts of justice ready to punish and
remove oppression and exaction. He considered
that the fiscal and judicial systems should be separated,
and accordingly established separate civil courts,
            
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