THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA 407
18. The Bombay Government has defined that Presidency Magistrate shall be subordinate to the Chief Presidency Magistrate.
I Bom. L. R. 437.
High Court
19. Along with these Criminal Courts, we have the High Courts of Judicature.
The High Courts owe their origin to the Charter Act passed by Parliament in 1861.
Section 1 empowered Her Majesty by letters patent to erect and establish High Courts for Bengal at Calcutta, for Bombay at Bombay, and for Madras at Madras.
Section 9
Each of the High Courts to be established under Section
106 of this Act shall have and exercise all such Civil. Criminal, Admirality, and Vice-Admirality, Testamentary, Intestate and Matrimonial Jurisdiction, original and appellate and all such powers and authority for and in relation to the administration of justice in the Presidency for which it is established as His Majesty may grant and direct.
High Court’s Power of Superintendance
3 Pat L.J. 581. 7.B.
Sheonandan v/s Emperor.
1. High Court’s powers of superintendance are limited by Section 15 of the Act of 1861 (Section 107 of the Government of India Act) to Courts subject to its appellate jurisdiction.
2. But where the High Court has appellate jurisdiction, even in a modified form from an inferior Court, it will exercise superintendence over that Court, even in cases which are not subject to appeal.