bombay high court
DESCRIPTION
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.TRANSCRIPT
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.
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.
Number of Judges in High
Court - 75
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.
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.
Skyway connecting the main building and annex building.
Court Room of Honourable Chief Justice
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.
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.
• 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.
• 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.
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.
• 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.
.
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.
Mumbai High Court
Website
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.
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.
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.
• 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
• 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
• 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
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
Board Departments
Board Departments
Weekly Board Supplementary Board
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.
How to file a case ?
Jurisdictions
Original
Writ petition
Civil
Criminal
Appellate
Writ petition
Civil
Criminal
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.
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.
• 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.
Types of Civil Case
Property Cases
Acquisitions
Motor Vehicles
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.
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.
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.
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.
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 “.
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.
• 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.
CRIMINAL CASES
Summons warrant
Summons tribunal
state
TYPES
• 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.
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.
• 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.
THANK YOU