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Colonial Cases

Calder v. Halkett, 1840

[jurisdiction]

Calder v. Halkett

Judicial Committee of the Privy Council
17 December 1840
Source: The Times, 18 December, 1840

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL.
THURSDAY, DEC. 17.
CALDER v. HALKETT.
  This was an action for false arrest and imprisonment brought by a European against a fondary (criminal) judge in India, who had arrested the plaintiff and several native Indians for a riot. The ground of the action in the Court in India was, that the fondary judge had no jurisdiction over Europeans. But the Supreme Court at Calcutta gave judgment in favour of the defendant. From this judgment the present appeal was brought, and had been argued some time back.
  Mr. Baron Parke now delivered the judgment of the Privy Council, reversing that of the Supreme Court of Bengal, and deciding that the European was not subject to the jurisdiction of the fondary judge. As the jurisdiction did not, however, appear to have been exercised wantonly or maliciously, and the magistrate had acted through a misapprehension of the law, the appeal was dismissed without costs.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School