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'Baroda Enquiry Commission Report, 1874' [75r] (154/502)
The record is made up of 1 volume (249 folios). It was created in 1 Nov 1873-14 Feb 1874. It was written in English. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .
Transcription
This transcription is created automatically. It may contain errors.
He claims now Rs. 5,28,788 the balance due on the above account with
interest thereon.
2. The
Durbar
A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family).
Agent furnishes the following explanation of this case. The
■jewels were of the alleged value of the amount claimed, viz., Rs. 11,91,047. They
were purchased from the Baroda firm of Bhaichand Vardhavan through Gopal-
rao Myral, and a receipt for the above sum in full was taken from the said Bhai-
chknd Vardhavan.
The transaction was wholly between Bhaichand's firm and the Sarkar, and
Maganlal Hukamchand, the complainant, was no party to it.
The receipt given by Bhaichand was for the full amount originally fixed by
the seller, but on the jewels being subsequently valued, the valuation put on them
by the jewellers, to whom the same was referred, was Rs. 6,62,259, which Bhai
chand agreed to take, and an order for this amount was accordingly given to
him, and was cashed by G-opalrao Myral whose Grumasta gave a receipt for the
same, and in full of all demands on account of this transaction.
Bhaichand's attempt to demand more from the
Durbar
A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family).
on account of the
original receipt is a fraudulent one. He is notorious for his treacherous deal
ings, and it was in consequence of this that before paying the 6
lakhs
One lakh is equal to one hundred thousand rupees
odd to
Gopalrao Myral, a receipt in full of all demands was required from the latter firm.
Bhaichand's own receipt for the full amount is a sufficient reply on the
part of the
Durbar
A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family).
to Maganlal's claim. This Bhaichand is notoriously dis
honest, and has embezzled Government money.
In a personal explanation of this case to the above effect, given by the
Maharaja himself to the President of the Commission, His Highness stated that
the jewels in question were shown by him to the late Governor, in presence of
the then Resident, Colonel Barr, on the occasion of His Excellency's visiting
Baroda shortly after his accession, and that His Excellency then expressed the
opinion that the price put on the jewels was most exorbitant, and far beyond
their real value.
3. The whole question, according to the
Durbar
A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family).
's view of it, as gathered from
its explanation of this case, appears to hang on the authority of Bhaichand's
firm to act as a principal in it, and whether the
Durbar
A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family).
in good faith believed
him to have such authority. On the former point, it seems to be clear that lie
was only an Agent, and had no authority to accept, on the part of the complain
ant, a smaller sum than he had agreed to take for his jewels. On the latter it
appears to be impossible to believe that the
Durbar
A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family).
was ignorant that the jewels
were the property of the complainant, and not Bhaichand's, and that the latter
could have no authority to agree to so large a reduction in the proposed price,
without the specific sanction of the owner of the property.
Under this view of the case, the Commission is of opinion that the settle
ment, which the
Durbar
A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family).
desires to adhere to, and force on the complainant, on the
grounds stated by it, is not a justifiable one, and cannot be concurred in, as such,
by it.
The question in this case of the real value of the jewels and of the only course
open for ascertaining the same in a trustworthy manner, appears to the Commis
sion to be precisely similar to that of the preceding case in this group } and it has
suggested it shall be dealt with in the same way. It is understood that some of
the jewels have been broken up, but a sufficient portion no doubt still remaiins to
admit of a just valuation being made of the same and a proximate one of the
whole. The Commission sees no other method of dealing with the case without
the risk of injustice to one party or the other. As remarked in case No. 2,
if both were British subjects and amenable to a British Civil Court, the com
plainant would probably be able to sue His Highness successfully, but as this is
not the case, a compromise of some sort appears to be the only alternative.
About this item
- Content
Report of the Baroda Enquiry Commission on the administration of the government of Malharrao, Gaekwar of Baroda. The Commission comprised Richard John Meade (President), Edward William Ravenscroft, Mumtazul Dowlah Nawab An honorific title; an official acting as a provincial deputy ruler in South Asia; or a significant Muslim landowner in nineteenth century India. Faiz Ali Khan, Colonel Alfred Thomas Etheridge and Thomas Duncan Mackenzie (Secretary).
The report comprises a letter from the members of the Baroda Enquiry Commission to the Secretary to the Government of India, Foreign Department presenting their report on the results of the proceedings and submitting copies of correspondence, reports and statements relative to the enquiry (ff 5-19):
Appendix A, Part I
- Schedules I-III: Complaints and grievances against the Gaekwar's Government from individuals and groups (ff 21-78).
- Appendix B, Schedules I-III: Cases of complaint and grievance which the commission did not look into during the enquiry (ff 79-81).
- Appendix C: Letter from Colonel Richard John Meade, President, Special Commission of Enquiry on Baroda Affairs, to Colonel Robert Phayre, Resident at Baroda, 1 November 1873 (ff 82-83).
- Appendix D: Translation of an amended notice issued by the Resident to complainants desirous of appearing before the Baroda Enquiry Commission (ff 84-85).
- Appendix E: Schedules presented to the Commission along with Colonel Phayre's introductory statement regarding them. (ff 86-131).
- Appendix F: Letter No. 1128 of 1873 from Colonel Phayre to the President, Baroda Commission regarding the cases already submitted to the Commission, the List of undisposed petitions to be attended to by the Resident which could be used as additional cases if required and the statements that he had yet to make on cases under enquiry by the Commission (ff 132-133).
- Appendix G, Schedule I: Statements from witnesses with cross examination statements from the Durbar A public or private audience held by a high-ranking British colonial representative (e.g. Viceroy, Governor-General, or member of the British royal family). on behalf of the Gaekwar and statements from the Resident as to the accuracy of the information provided (ff 134-229).
Appendix Part II (ff 231-245)
- Letter from James Braithwaite Peile, Acting Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , Kattywar [Kathiawar] to T D Mackenzie, Secretary, Baroda Commission, 13 December 1873 regarding papers requested by the Commission and informing them that the outstanding paper will be forwarded as soon as they are received. Enclosed with the letter are a memorandum from Peile for reconstitution of His Highness the Gaekwar's Contingent in Kattywar, 13 December 1873 and Rule for the guidance of the Officers and Kamdars appointed to the Contingent of Horse of His Highness the Gaekwar, serving in the various Tributary Mahals according to treaty.
- Letter from Peile to Mackenzie, 6 January 1874, forwarding a report and returns received from Colonel Walker, Superintendent to the Gaekwar's Contingent in Kattywar and stating that he does not concur with the Colonel's opinion. Enclosed with this letter is a letter from Colonel Chamberlen William Walker, 30 December 1873, providing the information on the Contingent requested by the Commission and enclosing an extract of the Contingents annual report for 1871 and a statement of the men within the Contingent on duty under officials paid by Talukdars etc, 06 March 1872.
- Letters from John Whaley Watson, Acting Political Superintendent Pahlanpur [Palanpur], Captain Henry Nicholas Reeves, Acting Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. Rewa Kanta [Rewa Kantha] and Major Philip Harrison Le Geyt, Acting Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , Mahi Kanta [Mahi Kantha] to the secretary of the Baroda Commission 19 December 1873 to 9 January 1874 reporting on the Gaekwar's contingents serving within their districts and commenting on numbers of men, pay and conditions. The letters all refer to enclosed returns, but only the return for Mahi Kanta is included in the report.
- Extent and format
- 1 volume (249 folios)
- Physical characteristics
Foliation: the main sequence of foliation consists of a small pencil number in the top front right hand corner of each folio enclosed in a circle.
There is also an original sequence of foliation which consists of larger pencil numbers also in the top front right hand corner of folios, however the sequence is not consistent and some of the numbers may be filing references rather than foliation numbers.
- Written in
- English in Latin script View the complete information for this record
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- Reference
- Mss Eur F126/78
- Title
- 'Baroda Enquiry Commission Report, 1874'
- Pages
- front, back, spine, edge, head, tail, front-i, 2r:248v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence