DOI Page / Citation link:
https://doi.org/10.11588/diglit.34368#0913
REGULATION VI.
903
Modified by
VII. 1832.^ ^
Repealed by
Act X. 1838,
q. v.
A.D. 1831.]
^ VIII. So much of Clause Second, Section IX. Regulation 1.
1829, as vests the resident at Delhi with the powers of the Sudder
Dewanny and Nizamut Adawlut within the districts of the Northern
Dooab, is hereby rescinded ; provided, however, that the resident shall
complete the trial of all criminal cases referred to him prior to the date
on which this Regulation takes effect, and that the said authority shall,
except in cases in which the appellant may pray to have his case trans-
ferred to the Sudder Dewanny Adawlut for the Western Provinces, pro-
ceed to the decision of all cases now actually before him in appeal, or
which may be appealed to him before the date hxed for the operation of
this Regulation, and to do and order all things necessary to the investi-
gation and decision of the cases, or to the execution of such of his decrees
and judgments as shall have been passed at the date hxed for the operation
of this Regulation.
The above proviso shall be held equally applicable to all
cases that may be pending before the Courts of Sudder Dewanny and
Nizamut Adawlut at Calcutta at the date of the promulgation of this
IX. The powers and authority heretofore vested in the Nizamut Adawlut
stationed at Calcutta, over the province of Kumaoon, [<^?/ Ah
1817,] are hereby transferred to the Nizamut Adawlut for the Western
Provinces.
X. The administration of the police, and of criminal justice in the
Saugor and Nerbudda territories, has been heretofore conducted by British
officers under instructions issued for their guidance by the Governor-
General in Council; hut it is hereby declared, that from and after the date
of the promulgation of this Regulation, as regards criminal matters, those
territories shall be subject to the Nizamut Adawlut for the Western
Provinces.
XI. The commissioner to whom the superintendence of the territories in
question is or may he confided, is hereby declared competent to hold trials
and pass sentence to the extent permitted by the Regulations to a com-
missioner of circuit (but without reference of the proceeding for futwa to
a Mahomedan law officer), as well as to exercise all the functions and
authorities now exercised by the commissioners of circuit under Regula-
tion 1. of 1829.
XII. If the commissioner shall deem an offender brought to trial before
him to be liable to a punishment exceeding that which by the existing
Regulations a judge o/ is competent to adjudge, without referring
the case to the Nizamut Adawlut, he shall not pass any final sentence
thereon, but shall transmit to the Nizamut Adawlut for the Western
Provinces the record of the proceedings held on the trial, together with
a full English report of the circumstances of the case, and of his opinion
as to the guilt or innocence of the prisoner or prisoners tried, as likewise
an explanation of any special custom of the parties or witnesses that may
be necessary to the proper understanding of the proceedings.
Regulation
Powers of Sudder
Dewanny and Nizamut
Adawlut vested in the
resident at Delhi, re-
scinded.
Proviso.
Also applicable to
cases pending before
red to the Nizamut
Adawlut for the West-
ern Provinces.
to be referable to the
Nizamut Adawlut for
the Western Provinces
903
Modified by
VII. 1832.^ ^
Repealed by
Act X. 1838,
q. v.
A.D. 1831.]
^ VIII. So much of Clause Second, Section IX. Regulation 1.
1829, as vests the resident at Delhi with the powers of the Sudder
Dewanny and Nizamut Adawlut within the districts of the Northern
Dooab, is hereby rescinded ; provided, however, that the resident shall
complete the trial of all criminal cases referred to him prior to the date
on which this Regulation takes effect, and that the said authority shall,
except in cases in which the appellant may pray to have his case trans-
ferred to the Sudder Dewanny Adawlut for the Western Provinces, pro-
ceed to the decision of all cases now actually before him in appeal, or
which may be appealed to him before the date hxed for the operation of
this Regulation, and to do and order all things necessary to the investi-
gation and decision of the cases, or to the execution of such of his decrees
and judgments as shall have been passed at the date hxed for the operation
of this Regulation.
The above proviso shall be held equally applicable to all
cases that may be pending before the Courts of Sudder Dewanny and
Nizamut Adawlut at Calcutta at the date of the promulgation of this
IX. The powers and authority heretofore vested in the Nizamut Adawlut
stationed at Calcutta, over the province of Kumaoon, [<^?/ Ah
1817,] are hereby transferred to the Nizamut Adawlut for the Western
Provinces.
X. The administration of the police, and of criminal justice in the
Saugor and Nerbudda territories, has been heretofore conducted by British
officers under instructions issued for their guidance by the Governor-
General in Council; hut it is hereby declared, that from and after the date
of the promulgation of this Regulation, as regards criminal matters, those
territories shall be subject to the Nizamut Adawlut for the Western
Provinces.
XI. The commissioner to whom the superintendence of the territories in
question is or may he confided, is hereby declared competent to hold trials
and pass sentence to the extent permitted by the Regulations to a com-
missioner of circuit (but without reference of the proceeding for futwa to
a Mahomedan law officer), as well as to exercise all the functions and
authorities now exercised by the commissioners of circuit under Regula-
tion 1. of 1829.
XII. If the commissioner shall deem an offender brought to trial before
him to be liable to a punishment exceeding that which by the existing
Regulations a judge o/ is competent to adjudge, without referring
the case to the Nizamut Adawlut, he shall not pass any final sentence
thereon, but shall transmit to the Nizamut Adawlut for the Western
Provinces the record of the proceedings held on the trial, together with
a full English report of the circumstances of the case, and of his opinion
as to the guilt or innocence of the prisoner or prisoners tried, as likewise
an explanation of any special custom of the parties or witnesses that may
be necessary to the proper understanding of the proceedings.
Regulation
Powers of Sudder
Dewanny and Nizamut
Adawlut vested in the
resident at Delhi, re-
scinded.
Proviso.
Also applicable to
cases pending before
red to the Nizamut
Adawlut for the West-
ern Provinces.
to be referable to the
Nizamut Adawlut for
the Western Provinces