Bombay high court

History
The 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.

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

 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.

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.

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 Verdict
The 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.

• 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.

Bombay high court

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