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Bombay High Court

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A project on Bombay High Court. This project deals with various issues and topics of High Court ranging from How to file a case to it's history.

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Page 1: Bombay high court

Bombay High Court

Page 2: Bombay high court

HistoryThe work on the present building of the High Court was

commenced in April 1871 and completed in November 1878.

Situated between the University Building and the Public

Work Secretariat.

Being an early English-Gothic building it was designed by

Colonel J.A.Fuller, R.E. and was completed at a cost of Rs.

16,44,528.

The true symbol of Justice,the stone statue of the Goddess

of Justice, is on the battlement on the western front of the

High Court building. She is represented with both eyes

bandaged and holding the Sword of Justice in one hand &

the Scales meticulously even in the other.

Page 3: Bombay high court

Benches of the High Court were established at Nagpur and

Rajkot to deal with matters arising from Vidharbha and

Saurashtra districts respectively

In 1981 a Bench of the High Court was notified in Aurangabad

and the Permanent Bench was established in 1984 by the Order

of the President. In accordance with the High Court at Bombay

(Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981, the

Panaji (Goa) Bench of the High Court for the Union Territory of

Goa, Daman and Diu.

Page 4: Bombay high court

Number of Judges in High

Court - 75

Page 5: Bombay high court

Honorable Chief Justice – Mr. Mohit Shah

Born on September 9, 1953 at Vijapur, Gujarat, Son of a District & Sessions Judge

In 1976, secured the Gold Medal at the LL.B. (Special) Examination for securing first rank with first class marks.

Started his practice in the Gujarat High Court in 1976. Made rapid strides in Constitutional, Civil and Corporate Law matters. Was Standing Counsel for many Boards and Corporations.

Even during busy practice, did not ignore academic pursuits. After obtaining LL.M. Degree from Gujarat University, was a part-time Lecturer in a Law College.

Was elevated as Judge on the Bench of the High Court of Gujarat on September 18, 1995.Assumed the Chief Justice Office of Bombay High Court on 26 June,2010

Has delivered a number of lectures and participated in Law Conferences and Seminars including international conferences (list attached).

Was a visiting faculty at the National Judicial Academy at Bhopal and also at the Gujarat State Judicial Academy at Ahmedabad.

Page 6: Bombay high court

Some important facts -

• Mumbai high court completed it’s 150 years in

2012.

• The first Chief Justice, the Attorney General and

Solicitor General of independent India were from

this court.

• Till date, 22 judges have been elevated to

Supreme Court of India and 8 Judges have been

elected as Chief Justice of India from Mumbai

High Court.

• The court has its benches in Nagpur, Panji and

Aurangabad.

Page 7: Bombay high court

Skyway connecting the main building and annex building.

Court Room of Honourable Chief Justice

Page 8: Bombay high court

E-FILING • You can also file a case through intern i.e. in

electronic format.

• Advocates and Litigants sitting at home or office can

enter case details using e-case filing module.

• For login into this system Advocates/Litigants has to

use his/her UserID and Password after registering

themselves with Bombay High Court Website.

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NEW CASE ENTRY

• To enter details of a New case user has to click on New

Case option. When this option is selected a data entry

screen appears where user has to enter various details

• Bench : Select whether the case pertains to

Bombay ,Aurangabad or Nagpur bench of Bombay High

Court.

• Side : This list box is to select the appropriate side such as

Civil, Criminal or Original.

• Case Type : Select the required case type from the list of

cases which user intends to file.

• No. of Petitioners : Enter total number of petitioners in the

case.

• No. of Respondents : Enter total number of respondents in

the case.

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• Petitioner Name : Enter name of the first Petitioner .

• Respondent Name : Enter name of the first Respondent.

• Document Pages : Enter total number of pages in case

document.

• District : Select District of the case.

• Bench : Select the coram of the case such as Single

Bench, Division Bench of Full Bench.

• Act1/2/3/4 : Select the act applicable from the list of acts

provided. If applicable act is not in the list then select

'Other Act'

• U/Section1/2/3/4: Enter the section of the selected act

applicable to the case.

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• Subject 1/2/3/4 : Select Subject of case from the

list provided.

• Sub-Subject 1/2/3/4 : Select Sub-Subject of case

from the list provided.

• Claim Amt : Provide the claim amount of the case

if any.

• Fees Mode : Select Fees Mode.

• Fees Details : Provide Fees details like Memo

fees, VP fees, Affidavit fees etc.

• GRN Details : Enter GRN Number of E-Challan

and Challan Amount.

Page 13: Bombay high court

Lower Court Details

• Court Authority : Select the Lower court authority from where the case is, from the list provided.

• Judgement Language : Select the lower court Judgement language.

• Case Type : Select the lower court case type from the list box provided.

• Case Number : Provide the lower court case number .

• Case Year : Provide the lower court case year.• Judge Designation : Select the appropriate Judge

designation from the list box provided who has disposed the case.

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• Decision Date : Provide the decision date of the case in the lower court.

• Once all above details are entered, click on next button to go to party details screen. In this screen user has to enter details of all petitioners and respondents in the case. The details of parties such as Name, Address, Age, Gender, Email Address etc.. Once it is over, click on next button again to go to Prayer entry screen wherein user has to enter the prayer of the case in the box provided. The prayer entry is mandatory.

• After entering the prayer of the case , click on 'Finish' button and next screen will display the Internet E-Case Entry Number. Please note down the internet E- Case Entry Number. Now Clik on the 'PRINT' hyperlink to print the details you have entered. The Advocate has to present this printed form as a presentation form while filing the case.

.

Page 15: Bombay high court

UPLOAD :

This option is used to upload case related documents to the

Bombay High Court Server.

REPORT :

Report option is used to generate the details of the E-cases

entered by user in the specified period.

CHANGE PASSWORD :

After Logging into the E-Case Entry System for first time ,

users are requested to change the password provided to

him/her for security reasons.

LOGOUT :

This option is used to logout the E-Case Entry system.

Page 16: Bombay high court

Mumbai High Court

Website

Page 17: Bombay high court

Benefits of the website

• One can file a case through the website by following some

easy steps.

• The website has access to all the cases going on or

disposed cases from 2005.

• One can also have access to E-LIBRARY.

• The website is host to vast amount of information about

the high court like history, number of judges and their

profiles etc.

• Another thing is if one wants to know the historical cases

of mumbai high court, he can go to the court’s webiste and

have a look at those cases. For ex – Kalbadevi Shooting

Case 1946.

Page 18: Bombay high court

REGIStrar• It deals with litigation/proceedings filed in the court of law against high

court or by the high court.

• The registrar legal is supporting a file affidavit in those proceedings after

being duly approved by the committee of Honourable High Court Judges for

the cases against by the High Court.

• This dept. also looks after the process of recruitment and promotion of

judicial officers in the cadre of civil judge (Junior Division), Senior

Judge( Senior Division) and District Judge.

• He also coordinates with Maharashtra Public Source Committee in

connection with recruitment to the post of Joint Charity Commissioner and

Posts Subordinate there too.

• In the recent past this dept. has completed the process of recruitmen for the

post of Court Manager who coordinate with registrar of High Court and

District Court.

Page 19: Bombay high court

Enquiry Cum Facilitation Centre

• Enquiry cum Facilitation Centre is a centre

where applications for certified copies come and

examined.

• These applications are given by Appellate Side

cases. Under this dept. the verdicts given by the

high court is certified and all the documents

along with certified verdict of High Court is

being handed over to the Advocates of

petitioners and respondents if either of them

wants to appeal in Supreme Court.

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• Associate department is a department where the

objections are taken out by the sections officer and

documents are handed over to the lawyer of the

petitioners and the respondents.

• Now,all the objections are rectified and the

documents are again submitted to the sections

officer after which the case gets admitted and the

regular number is given to the case.

ASSOCIATE DEPARTMENT ORIGINAL SIDE WRIT

PETITION

Page 21: Bombay high court

• Bar room is the room where the lawyers

sits where their client and converses with

them over the case.

• It’s a refreshment room for the advocates.

• There are separate bar rooms for ladies

and gents advocates.

BAR ROOM

Page 22: Bombay high court

• Polyclinical Department under the Annex

bldg. of the High Court is a department

which was inaugrated in 2006 by the

Honourable Chief Justice.

• This department majorly deals with medical

assistance which is given to the various staff

members, judges, judicial officers and the

administrative officers of the high court.

POLYCLINICAL DEPARTMENT

Page 23: Bombay high court

Library • There are 2 types of Libraries : Judges Library &

Advocates Library• The advocates’ library has been there since 1865• The library has been installed to provide a service to

advocates so that they can refer to the books and conduct research.

• The library houses more than 1 lakh books• It is also supplied with a staff of 24 people• The membership charges of the library effective since

august 2012 are as follows• The library comprises of two floors spread within 2

rooms.• The library houses some of the oldest and most

exhaustive material in india

Page 24: Bombay high court

Board Departments

Board Departments

Weekly Board Supplementary Board

Page 25: Bombay high court

Every department i.e. the civil branch or the

criminal branch has a board which brings the

case on the notice board.

From 2010 the new system was originated

where weekly boards are prepared for the

judges of the high court.

This system eliminated the historical method of

preparing boards on day basis i.e. the daily

boards.

Case Management Information System (CMS)

functioning takes place under this board. This

function is conducted by NIC (National

Informatics Centre).

A computerised system manages all the

information about the cases on the website of

Mumbai High Court.

Page 26: Bombay high court

How to file a case ?

Page 27: Bombay high court

Jurisdictions

Original

Writ petition

Civil

Criminal

Appellate

Writ petition

Civil

Criminal

Page 28: Bombay high court

Some Basic Terms• Original Side – Matters only of Mumbai city are registered

under the original side of high court

• Appellate Side – Matters which come from magistrate

courts or courts below the high court.

• Writ Petition – Writ petitions are filed when the

fundamental rights of the person are violated ( Article 226)

• First Appeal Civil Cases – First Appeal Civil Dept. is a

dept. where all those cases come which has skipped the

district court and have directly come to high court.

Page 29: Bombay high court

How to file a first appeal Civil Case ?

• Cases from mumbai city civil court are registered or filed

here.

• As the case has been filed, the officers first examine the

competency of the case, that whether we can proceed

further or not.

• Then, the index or the synopsis of the case is prepared.

• Then the title of the petitioner and the respondent is filed

• After this, a Vakalatnama is given by the petitioner.

• Further memorandum address is filed to the registrar

• As we move further we have to give the list of documents

to the registrar.

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• The filing of civil case consists of various exhibits i.e., the facts given by the

respondents.

• Next, the affidavit is given in support of the petitioners.

• The lawyer of petitioners have to give a certificate to Honourable Judge where he

states why the case is being filed and under which amendment

• After the certificate has been given, the case gets its lodging number and then the

case goes to SECTION OFFICER where all the objections related to the

amendments or other clerical problems (improper Xerox copy, overwriting,

improper prints etc.) are brought under the notice of petitioner.

• To get this lodging number, the lawyer has to fill the Lodging Form/Presentation

Form

• Then all the objections are removed or corrected by the petitioners and the

petitioner's advocate write below the objections “That all the objections are

complied” and he signs the undertaking.

• Then the registrar office allot the case a regular number.

• And hence the process of Admission of Case has been completed.

Page 31: Bombay high court

Types of Civil Case

Property Cases

Acquisitions

Motor Vehicles

Page 32: Bombay high court

If Delay in Civil Case ?

• The term period is 30 days (Property Case) to

appeal against the verdict of Senior Division

Court.

• If there is a delay the petitioner have to give

a certificate with respect to Condonation Of

Delay where he states that what was the

reason for the delay and a request to accept

the case with a particular fee.

Page 33: Bombay high court

Case 1 – Violation of Fundamental Right

Petitioner – Vani Umesh Deshpande represented

by Mr S.K. Shinde

Age – 14 years; Occupation: Student

Address - R/O House No. 1756, A

Ward

Tarabhai Road, Kolhapur

Respondent – Maharashtra Boatd of Higher and

Secondary Education , Division

Kolhapur represented by M/s Little and Co.

Kolhapur.

Page 34: Bombay high court

Crux of the Case Vani being a minor, the petition was brought by her father as a

natural gaurdian. By previous records it was known that Vani was

a meritorious student. So on 19th March 2013 the SSC

examination for History and Civics paper was held. Due to traffic

problems Vani reached the examination late in a state of

nervousness. She was given the answer sheet and question paper.

According to the rule, Seat Number had to be written on the right

side of Question Paper. But, in a state of nervousness she wrote

her Seat Number on the answer sheet which is against the norms

as it would disclose the name of examinee. Vani pleaded that she

did it innocently without any ulterior motives.

Page 35: Bombay high court

Proceeding The respondent in return replied that in such a error motive is irrelevant and

Vani appeared in the court on 29th April 2013 submitting a report in writing

through which se did not deny what she had done but also elaborated the

circumstances which led to this error. The enquiry committee found out that she

had scored over 75 per cent in the paper and 37 out of 40 in history. The

committee also supported Vani’s version of events and even found out that the

paper was free from influence of mentioning of Seat Number. On 7th June 2013,

the Divisional Commissioner of the 2nd Respondent cancelled Vani’s examination

saying that under Rule 11 she was banned from appearing for the SSC

examinations till after September/October 2013. Those are the terms of Rule 11

of the 2nd Respondent’s “Examination Malpractice - Penalties Notice” currently in

force. The petitioner challenged the notification of 7th June 2013 and an order

seeking to declare the resultsa penalty or punishment must follow. Mr Gandhi,

learned counsel, Respondent said that all the respondent can follow rules and

cannot have any say in the discretion of the matter.

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One of the many questions before the Supreme Court in

Maharashtra State Board of Secondary and Higher Secondary

Education v K.S. Gandhi & Ors.,1 was whether a lesser penalty

can be imposed in matters of examination malpractice. The

Supreme Court held, in paragraph 39, that:

“… No axiomatic rule can be laid that the rule-making

authority intended that under no circumstances, the

Examination Committee could award lesser penalty. It depends

on the nature and gravity of the misconduct to be dealt with by

the disciplinary authority. In a given case, depending on the

nature and gravity of the misconduct the lesser punishment

can be meted out “.

Page 37: Bombay high court

The VerdictThe impugned order/Notification dated 7th June 2013 was quashed

and set aside to the extent that it prohibited the Petitioner from

appearing for the SSC examination till September/October 2013.

The Respondents were directed to reconsider the case of the

Petitioner, Vani Umesh Deshpande, and to take a suitable decision

having regard to the foregoing discussion, the facts and

circumstances of the case, the written explanation submitted by the

Petitioner and the Enquiry Report. It will be open to the 2nd

Respondent to exercise its fullest discretion in the matter, including,

if it thought fit, confirming its decision of 18th July 2013 that the

Petitioner do repeat the entire SSC examination in

September/October 2013; or revising that decision by declaring the

Petitioner’s result at the May 2013 SSC examination in full or in part

or requiring the Petitioner to repeat only the examination in

History/Civics. The 2ndRespondent will communicate its final

decision to the Petitioners and her Advocates within two weeks from

the date of this order.

Page 38: Bombay high court

• Weekly Board – The board department creates the board for the

respected Honourable Judges for the upcoming week and all the

information regarding the case (Documents, Verdict of Magistrate

Courts etc.) is provided to the judge who is going to judge the

case.

• Supplementary board – the board department also brings all

those cases to the notice board of the court whom the judge has

given the date within the same week.

• Along with the cases of weekly board and the supplementary

board various addition cases are also added to the jurisdiction of

the honourable judge i.e. the cases which are being registered or

filed now/today.

• As the board is prepared it goes to the notice board at the high

court building where the cases are held. These notice board

consist of the name of serial no. of the case, name of petitioner

and name of respondent, along with the remarks i.e. the prayer of

the petitioner and under which amendments the case has been

filed.

Page 39: Bombay high court

CRIMINAL CASES

Summons warrant

Summons tribunal

state

TYPES

Page 40: Bombay high court

• All those cases which are judged under

the Indian penal court (IPC) comes under

the criminal section.

• Criminal cases which comes to high court

are generally from appellate side.

• Cases such as murder or rape cases goes

to session court which are above 7 years

while the cases till 7 years goes to the

magistrate court.

Page 41: Bombay high court

How to file a criminal case?

• Criminal cases are always filed by the state on behalf of

the victim. The court only allots the public prosecutor to

fight the case on behalf of the victim. Generally the court

only allots the prosecutor but if the victim wants to have

his private prosecutor he is allowed to do so.

• Once the public prosecutor is assigned the case is filed in

the court.

• The advocate of the victim has to provide the judgement

copy of the magistrate court along with all the relevant

documents, proofs etc.

• The advocate has to follow the exact preformat to register

the case.

Page 42: Bombay high court

• The prosecutor has to first appeal in the high court and file

his case.

• Now the case is examined to know that the case can be

proceeded further or not.

• Than the affirmation of case takes place where the

registrar officers see that whether all the documents along

with the verdict of magistrate court is correct or not.

• Next the case is been given the lodging number and case

goes to the section officer where the objections are taken

out of the documents.

• After rectification of all the objections the case officially

gets admitted and the proceeding starts.

• For this the stamp no. is given to the case which certifies

that the case is officially registered and now it can be

started.

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THANK YOU