Bombay High Court

Introduction 

• The High Court of Bombay is a chartered High Court and is one of the oldest High Courts in the Country. 
• It has Appellate Jurisdiction over the State of Maharashtra, Goa, Daman & Diu and Dadra & Nagar Haveli. 
• In addition to the Principal Seat at Bombay, it has benches at Aurangabad, Nagpur, Panaji (Goa).   

History of Bombay High Court 

• The history of the Court in Bombay dates to the times of British East India Company.  
•  The First British Court of Justice was inaugurated in Bombay in 1672 and George Wilcox was chosen as the judge. 
• The second phase of development of judiciary in Bombay was with the setting up of an Admirality Court in 1684 under the Charter of 1683. 
• In 1798 the Mayor's Court was abolished and in its place was established the Recorder's Court, as per the Charter of 1798. 
  • The judicial administration in Bombay consisted of Mayor, three alderman and a recorder appointed by the Crown. 
  • The first recorder was Sir William Syer. 
• In 1823 an Act of Parliament authorised the Crown to establish a Supreme Court in place of the Recorder's Court at Bombay.  
• The Indian High Courts Act of 1861 was passed after the first war of independence, 1857. 
• Queen Victoria created the High Courts in Calcutta, Madras, and Bombay by Letters Patent in 1862.  

Benches of Bombay High Court 

• The Bombay High Court – Nagpur Bench 
  • A full fledged High Court was established at Nagpur on 9th January 1936. 
  • Sir Gilbert Stone, a Judge of the Madras High Court was appointed as first Chief Justice. 
  • The High Court of Madhya Pradesh was treated as successor of the former High Court at Nagpur. 
  • A Bench of the High Court at Bombay began to sit in this building at Nagpur with effect from 1st November 1956 and continues to do so even after the formation of the State of Maharashtra on 1st May 1960. 
• The Bombay High Court – Aurungabad Bench 
  • The Aurangabad bench was established in 1982. 
  • The jurisdiction of the Aurangabad Bench is over Aurangabad, Ahmednagar, Dhule, Jalna, Jalgaon, Beed, Parbhani, Latur & Osmanabad. 
• The High Court of Bombay at Goa 
  • Prior to the Liberation of Goa Daman & Diu the highest Court for the then Union territory was the "Tribunal de Relacao" functioning at Panaji. 
  • In May, 1964 an Act was passed by the Parliament which conferred upon the Court of Judicial Commissioner, some powers of the High Court for the purposes of the Constitution of India. 
  • Parliament by an Act extended the jurisdiction of High Court at Bombay to the Union territory of Goa Daman & Diu and established a permanent Bench of that High Court at Panaji on 30th October, 1982. 
  • With the passing of Goa, Daman & Re-organization Act, 1987 by the Parliament conferring Statehood to Goa, the High Court of Bombay became the common High Court for the states of Maharashtra and Goa and the Union territories of Dadra & Nagar Haveli and Daman & Diu w.e.f. 30th May, 1987. 

Organization of Bombay High Court 

• The first Chief Justice of Bombay High Court was Sir Mathew Richard Sausse. 
• There are 66 judges in the High Court of Bombay. 
  • Out of these 17 are additional judges. 

Appointment of Judges 

• The President appoints Chief Justice of the Bombay High Court, in consultation with the Chief Justice of India (CJI).  
  • The CJI is required to consult with two senior-most judges of the Supreme Court. 
• The President appoints the other Judges to the Allahabad High Court (excluding the Chief Justice) by warrant under his hand and seal.  
  • The procedure involves consulting with the Chief Justice of India (CJI) and following the recommendation of the Chief Justice of the Bombay High Court.  
• Additionally, there is an obligation upon CJI to seek input from the two most senior judges in the Supreme Court, while the Chief Justice of the Bombay High Court must also consult with their two most senior associate judges when suggesting a candidate for a High Court appointment. 

Jurisdiction 

• Original & Writ Jurisdiction: 
  • In its original jurisdiction, it deals with matters involving significant public interest, constitutional issues, and matters of importance.  
  • The High Court also has the authority to issue writs under Article 226 of the Constitution of India, 1950, which empowers it to protect fundamental rights and issue orders or directions to any person or authority within its jurisdiction. 
• Appellate Jurisdiction:  
  • The High Court also functions as an appellate court, hearing appeals from lower courts within its territorial jurisdiction.  
  • This includes appeals from subordinate civil and criminal courts. 
• Civil Jurisdiction:   
  • The Bombay High Court handles civil cases, including but not limited to property disputes, contract disputes, family matters, writ petitions, and public interest litigations (PILs). 
• Criminal Jurisdiction:  
  • The High Court has jurisdiction over criminal cases, including appeals against convictions and sentences from lower criminal courts.  
  • It may also deal with matters related to bail, anticipatory bail, and other criminal proceedings. 
• Supervisory Jurisdiction:   
  • The High Court exercises supervisory jurisdiction over lower courts within its territorial jurisdiction.  
  • It can issue orders and directions to ensure that the lower courts function within the bounds of law. 
• Taxation Jurisdiction:  
  • The Bombay High Court also has jurisdiction in taxation matters, including cases related to income tax, sales tax, and other tax disputes. 

Officers in Bombay High Court 

• Registrar General 
• Registrar/Prothonotary and Senior Master 
• Registrar (OS) 
• Addl. Registrar/Additional Prothonotary and Senior Master 
• Addl. Registrar/Additional Prothonotary and Senior Master 
• Commissioner for Taking Accounts 
• Official Assignee 
• Court Receiver 
• Insolvency Registrar