Introduction
The functions of Bombay High Court to carry out day to day business of judicial work , has been divided on its establishments , known as High Court Original Side and Appellate Side.
The Establishment of Appellate Side has Civil Jurisdiction Criminal Jurisdiction and the matters are being taken up for hearing on its Benches spread over the Maharashtra State viz. Bombay , Nagpur , Aurangabad & Panjim(Goa).
The territorial Jurisdiction of the various Benches is as follows :
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Bombay
- Bombay
- Kolhapur
- Nashik
- Pune
- Raigad
- Ratnagiri
- Satara
- Sangli
- Sindhudurg
- Solapur
- Thane
- Dadra & Nagar Haveli at Silvassa
- Daman
- Diu
Nagpur Bench
- Akola
- Amravati
- Bhandara
- Buldhana
- Chandrapur
- Nagpur
- Wardha
- Yavatmal
- Gondia
- Gadchiroli
- Washim
Aurangabad Bench
- Ahmednagar
- Aurangabad
- Beed
- Dhule
- Jalna
- Jalgaon
- Latur
- Nanded
- Osmanabad
- Parbhani
- Nandurbar
High Court of Bombay at Goa
- North Goa(Panaji)
- South Goa(Margao)
Original Side
N/A
- - Suits Relating To Accounts
- - Suits Relating To Contracts
- - Suits Relating To Declarations
- - Suits Relating To Decrees and Instruments
- - Suits Relating To Immovable Property
- - Suits Relating To Movable Property
- - Suits Relating To Tort
- - Suits Relating To Trusts and Trust Property
- - Suits Relating To Miscellaneous Matters
- - Suits for which there is no prescribed period
- - Second Division - Appeals
- - Third Division - Application (Applications in specified cases)
- - Other Applications
Civil Jurisdiction
- Writ Petition
- First Appeal
- Family Court Appeal
- Letters Patent Appeal
- Second Appeal
- Appeals from Order
- Contempt Appeals
- Civil Revision Application
- Contempt Petition
- Misc. Civil Application
- Civil References
- Tax Appeals
- Arbitration Petition
- Civil Application
| LIMITATIONS IN THE CATEGORY OF THE CASES PERTAINS TO CIVIL APPELLATE JURISDICTION | |||
|---|---|---|---|
| CATEGORY | ART. /RULE/ SECTION | LIMITATION | TIME FROM WHICH PERIOD BEGINS TO RUN |
| 1] FIRST APPEAL (CPC) | Art.116 (a) of Limitation Act, 1963 | 90 Days | The date of the decree or order. |
| R.15(2) of Bombay City Civil Court Act, 1948 | 30 Days | The date of the decree or order. | |
| a. Land Acquisition Act. | Art. 116 of Limitation Act. | 90 Days | The date of the decree or order. |
| b. Employees State Insurance Act. | Sec. 82 (3) ESI Act. | 60 Days | From the date of order |
| c. Railway Claims Tribunal Act. | Sec. 23 (3) of RCT Act. | 90 Days | From the date of order |
| d. Motor Vehicles Act. | Sec. 173(1) of MV Act. | 90 Days | From the date of order |
| e. Workmen's Compensation Act. | Sec. 30 (20 Workmen's Compensation Act. Sec.30(3) Section 5 of the Limitation Act is applicable | 60 Days | From the date of order |
| f. The Copy Right Act. | Sec. 72(2) The Copy Right Act | 3 Months | From the date of order |
| g. Securities & Exchange Board of India Act. | Sec. 15z of SEBI Act | 60 Days, If prevented by sufficient cause to file within 60 days further period not exceeding 60 days. | From the date of communication of the decision or order to him. |
| h. Maharashtra & Electricity & Regulatory Commission Act. | Sec. 27 of MERC Act. | 60 Days | ---- |
| i. Foreign Exchange Regulation Act. | Sec. 35 of FERA | 60 days, If sufficient cause shown for further 60 days. | ----- |
| j. Family Court Appeals Act. | Sec. 19 (3) of Family Courts Appeal Act. | 30 Days. | From the date of judgment or order |
| k. Cross objection in Appeal | Order (41) of CPC R.22 | 30 Days. | Within one month from the date of service notice on him or his pleader of the day fixed par hearing of appeal or within such further time as the appellate court may allow. |
| 2] SECOND APPEAL (CPC) | Art.116 of Limitation Act. | 90 Days. | The date of the decree or order. |
| 3] LETTERS PATENT APPEAL | Bombay High Court (A.S.) Rules Provisions of L.P.A. and Order 41 of CPC (117 Art.) | 30 Days. | From the date of order. |
| 4] APPEAL FROM ORDER | ---- | District - 90 Days. Bombay - 30 Days. |
From the date of order. From the date of order. |
| 5] CIVIL REVISION APPLICATION(CPC) | Art. 131 of Limitation Act. | 90 Days. | The date of the decree or order or sentence sought to be revised. |
| 6] APPLICATIONS | |||
| a. Application for setting aside Registrar's order Revision of orders of Reg & Addl. Reg by motion u/ Chapter II, Rule 7 |
Bombay High Court (A.S) Rules Chapter XII Rule-2 Chapter II Rule - 7 |
7 Days. 15 Days. |
From the date of order complained of. From the date of order complained of. |
| b. For bringing L.Rs. on record | Art. 120 | 90 Days. | The date of death of the plaintiff, appellant, defendant or respondent, as the case may be. |
| c. For setting aside abatement | Art. 121 | 60 Days. | The date of abatement. |
| d. For leave to appeal as a pauper(a) to the High Court | Art.130 | 60 Days. | The date of decree appealed from. |
| e. To the High Court for a certificate of fitness of appeal to the Supreme Court clause 1 of Art. 132, 133 etc. | Art. 132 of Limitation Act | 60 Days. | The date of the decree, order or sentence. |
| f. Application for restoration of appeal, application Review, Revision dismissed for default, want of prosecution. | Art. 123 of Limitation Act. | 30 Days. | The date of the decree or where the summons or notice was not duly served, when the applicant had knowledge of the decree. |
| g. Appeal under Sec. 35G(2) of Central Excise Act. | 35G(2)(a) | 180 Days. | From the date on which order appealed against is received by commissioner or party order. |
| h. The Customs Act Appeal u/s. 130 (2) | 130(2) (a) | 180 Days. | From the date on which the order appealed against is received by commissioner of customs or the other party. |
| 7] REVIEW | Art. 124 | 30 Days. | The date of the decree or order. |
| 8] CONTEMPT PETITION | Sec. 20 | 1 Year | From the date on which the contempt ------- to have been committed. |
| 9] CONTEMPT APPEAL | Sec. 19(4) (a) | 30 Days. | ----- |
| 10] WRIT PETITIONS | Art. 226, 227 etc | No limitation but to be filed as early as possible. | ------ |
|
COURT FEE PAYABLE IN THE HIGH COURT IN THE FOLLOWING CATEGORY OF THE CASES AS
PER THE AMENDED BOMBAY COURT FEES ACT, 1959
(WITH EFFECT FROM 1st OCTOBER, 2001) |
||
|---|---|---|
| CATEGORY | ARTICLES OF BOMBAY CRT. FEES ACT, 1959 | COURT FEES PAYABLE |
| 1] WRIT PETITION | ||
| i] Writ Petition (Under Art. 226) | Art. 1(1)(i) of Sch. II | Rs. 125.00 |
| ii] Writ Petition (Under Art. 226 & or 227) | Art. 1(1)(ii) of Sch. II | Rs. 250.00 |
| iii] Writ Petition (Under Art. 226 for enforcement of fundamental rights conferred by part III of the Constitution or for exercise of its jurisdiction under Art. 227 thereon) | ----- | Rs. 250.00 |
| 2] FIRST APPEAL | ||
| I) Regular First Appeal against suit | ----- | Rs. 200.00 |
| b) The Court fee payable as per the rate prescribed under Art. 1 Sch. 1 of the Bombay Court Fee Act (Amended) when the amount or value of the subject matter in dispute exceeds one thousand rupees. | ----- | ad valorem of the claim (as per a table of court fees annexed herewith) * Please Click On Above Text HyperLink* |
| FIRST APPEAL (UNDER SPECIAL ACTS) | ||
| i) Motor Vehicle Act | Under S. 173 | I) ad valorem Court Fee if appeal is filed by opponent 2) 1/2 of the ad valorem Court Fee, if appeal is filed by claimant |
| ii) Land Acquisition Act (Under Sec. 54) | Sec. 7(1) of Bom. Court Fees Act | ad valorem of the Claim |
| iii) Workmen's Compensation Act (Under S. 30) | Art. 13 of Sch. II | Fixed Court Fee of Rs. 25/- |
| iv) Employees State Insurance Act (Under S. 82) | Art. 13 of Sch. II | Fixed Court Fee of Rs. 25/- |
| v) Guardian & Wards Act (Under S. 47) | Art. 13 of Sch. II | Fixed Court Fee of Rs. 25/- |
| vi) Indian Succession Act (Under S. 384) | Art. 13 of Sch. II | Fixed Court Fee of Rs. 25/- |
| vii) Trade Union Act (Under S. 11(4)) | Art. 13 of Sch. II | Fixed Court Fee of Rs. 25/- |
| viii) The Copyright Act (Under S. 72(2)) | Art. 13 of Sch. II | Fixed Court Fee of Rs. 25/- |
| ix) Under Bom. Pub. Trust Act (Under S.47(5) and 72(4)) | Schedule 'B' Appendix 17 | Rs. 10.00 |
| x) Central Excise Act (Under S. 35 G (2) (b)) | ----- | Rs. 200.00 |
| xi) The Customs Act (Under S. 130(2)) | ----- | Rs. 200.00 |
| xii) Family Court Appeal (Under Family Court Act. S.19) | Art. 23(a) - (e) | Rs. 100.00 (a, b, d, e) Rs. 75.00 (c) |
| II) Cross Objection | ----- | ad valorem Fees as per the Claim |
| III) First Appeal having no force of Decree | ----- | Rs. 25.00 |
| IV) Claim not ascertainable | ----- | ----- |
| 3] SECOND APPEAL | ||
| Second Appeal | ----- | ad valorem of the Claim |
| 4] LETTERS PATENT APPEAL | ||
| Letters Patent Appeal | ----- | ad valorem of the Claim |
| 5] APPEAL FROM ORDER | ||
| Appeal from Order | ----- | Rs. 25.00 |
| 6] CIVIL REVISION APPLICATION | ||
| Civil Revision Application | ----- | Rs. 50.00 |
| 7] CONTEMPT PETITION | ||
| Contempt Petition | ----- | Rs. 20.00 |
| 8] CONTEMPT APPEAL | ||
| Contempt Appeal | ----- | Rs. 25.00 |
| 9] REVIEW PETITION | ||
| a) if presented on or after the thirtieth day from the date of the decree | ----- | Same as paid in the proceedings against which review is filed |
| b) if presented before the thirtieth day from the date of the decree | ----- | One-half of the fee as paid in the proceedings against which review is filed |
| 10] CIVIL APPLICATION | -------- | Rs. 20.00 |
| 11] CAVEAT | ------- | Rs. 50.00 |
| 12] VAKILPATRA | ------- | Rs. 15.00 |
| 13] CERTIFIED COPY OF | ||
| a) Trial Court Decree | -------- | Rs. 10.00 |
| b) District Court Decree | -------- | Rs. 20.00 |
| c) High Court Decree | --------- | Rs. 25.00 |
| d) Trial Court Judgment | --------- | Rs. 5.00 |
| e) District Court Judgment | --------- | Rs. 5.00 |
| f) High Court Judgment | --------- | Rs. 10.00 |
| PRESENTATION |
|---|
|
All matters which are to be instituted on the Appellate Side of the High Court shall be presented to the Filing Counter of the Computer Section. Such presentation of any matter or proceeding by any person not represented by an Advocate shall be made by such person personally, and the presentation of any matter or proceeding on behalf of a party by an Advocate shall be made by such Advocate personally or by his Recognised Clerk.
Presentation of any matter or proceeding shall be made in the prescribed Presentation Form duly filled in, which are shown below. Such formats are:
|
| Click on the links below to view / download Forms |
| - Case Presentation Form |
| - VP Filing Form |
| - Affidavit |
| - Caveat |
Criminal Jurisdiction
| FORUM OF THE CATEGORY OF THE CASES PERTAINS TO CRIMINAL APPELLATE JURISDICTION | ||
|---|---|---|
| CATEGORY | RULE/SECTION | BENCH |
| 1] WRIT PETITION | ||
| i] Under Art.227 | Chap.1.2 II (i) & (k) of H.C.A.S. Rules, 1960 | Single Bench |
| ii] Under Art. 226 & or under Art. 227. | Chap.1 R.1 & R.2B H.C.A.S. Rules. | Division Bench |
| 2] APPEALS | ||
| i] Conviction Sentence except in which the sentence of death or imprisonment for life has been passed. | Chap.1 R.2.II(a) H.C.A.S. Rules, 1960 | Single Bench |
| ii] Against acquittal Punishable-fine only half sentence does not exceed 2 years. | Chap.1 R.2.II(a) H.C.A.S. Rules, 1960 | Single Bench |
| iii] Under Section 377 of I.P.C. | Chap.1 R.2.II(a) H.C.A.S. Rules, 1960 | Single Bench |
| iv] Court Notice in enhancement of sentence Punishable fine only or sentence does not exceed 2 years. | Chap.1 R.2.II(a) H.C.A.S. Rules, 1960 | Single Bench |
| 3] CONFIRMATION | ||
| Under Chap.XXVI R.12 of H.C.A.S., 1960 and Ch.XXVIII U/Sec.366 Cr.P.C. | Division Bench | Division Bench |
| 4] REVISION APPLICATION Under Sec.401 of Cr.Procedure Code. | Chap.1 R.2 II(d) of H.C.A.S. Rules, 1960 | Single Bench |
| 5] APPLICATIONS | ||
| i] For Bail & Stay arising from pending proceedings in Lower Court | Chap.1 R.2 II(f) of H.C.A.S. Rules, 1960 | Single Bench |
| For Leave to Appeal by Complainant | R.378(4) of Cr.P.C. & Chap.1 R.2 II (e) of H.C.A.S. Rules, 1960 | Single Bench |
| iii] Applications for leave to appeal to Supreme Court under Art.137 in a matter disposed off by Single Judge | Chap.1 R.2 II (g) of H.C.A.S. Rules, 1960 | Single Bench |
| iv] Applications U/s.482 of Cr.P.C. except Review, Modification and Setting aside orders of D.B. | Chap.1 R.2 II (j) of H.C.A.S. Rules, 1960 | Single Bench |
| 6] M.C.A. for transfer of Criminal Cases | R.5, Chap.1 of H.C.A.S. Rules | Single Judge |
| 7] CRIMINAL REFERENCE TO TWO OR MORE JUDGES | R.7, Chap.1 of H.C.A.S. Rules | As ordered by the Hon'ble The Chief Justice |
| 8] CONTEMPT PETITION | Sec.18(1) r/w Sec.15 of the Contempt of Courts Act, 1971 | Division Bench |
| LIMITATIONS IN THE CATEGORY OF THE CASES PERTAINS TO CRIMINAL APPELLATE JURISDICTION | |||
|---|---|---|---|
| CATEGORY | ART./RULE/SECTION | LIMITATION | TIME FROM WHICH PERIOD BEGINS TO RUN |
| 1. CRIMINAL APPEAL | |||
| A. Cri. Appeal against acquittal | |||
| 1. u/s.417(1)(2) CrPC(378) | Sec. 378 CrPC Art.114(a) | 90 Days | The date of the order appealed from. |
| 2. u/s.417(3) CrPC 378(4) | Art. 114(b) | 30 Days | The date of the grant of special leave. |
| B. Criminal Appeal against | |||
| (i) Sentence of death by Court of Session | Art. 115(a) | 30 Days | The date of the sentence. |
| (ii) Conviction in other sentences | Art. 115(b) | 60 Days | The date of the sentence or order. |
| C. Cri. Appeal against Judgment, sentence under MCOC Act. | MCOC Act Sec.12 | 30 Days | From the date of judgment sentence order |
| D. Appeal against order under MPID Act | MPID Act Sec 11 | 60 Days | From the date of order |
| E. Leave to file appeal against acquittal by complainant/public servant. u/s 378 (4) CrPC | 378(5) CrPC. | (i) 6 months, if complainant is public servant. (ii) 60 days in other case. |
From the date of acquittal. |
| F. Criminal Revision Application | Art. 131 Limitation Act. | 90 Days | From the date of order or sentences |
| G. Contempt Petition | Sec. 20 | 1 Year | From the date on which the contempt is deemed to have been committed. |
| H. Contempt Appeal | Sec.19(4) (1) (a) | 30 Days | From the date of the order |
| 2. Writ Petitions | Art. 226,227 etc | No limitation but to be filed as early as possible | |
|
COURT FEE PAYABLE IN THE CATEGORY OF THE CASES PERTAINS TO CRIMINAL APPELLATE
JURISDICTION AS PER THE AMENDED BOMBAY COURT FEE ACT,1959. (AS AMENDED UPTO 01/10/2001) |
||
|---|---|---|
| CATEGORY | ARTICLES OF BOMBAY CRT. FEES ACT, 1959 | COURT FEE |
| 1] WRIT PETITION | ||
| i] Under Art. 226 | Art. 1(f. i) of Sch. II | Rs. 125.00 |
| ii] Under Art. 227 | Art. 1(f. ii) of Sch. II | Rs. 250.00 |
| 2] CRIMINAL APPEAL | Art. 13 (c) of Sch. II | Rs. 25.00 |
| 3] CRIMINAL REVISION APPLICATION | Art. 1(f) (iii) of Sch. II | Rs. 25.00 |
| 4] CRIMINAL APPLICATION | Art. 1(f) (iii) of Sch. II | Rs. 25.00 |
| 5] CONTEMPT PETITION | Art. 1(f) (iii) of Sch. II | Rs. 25.00 |
| 6] VAKALATNAMA | Art. 12 (b) of Sch. II | Rs. 15.00 |
| 7] COURT FEES REQUIRED ON CERTIFIED COPY OF | Art. 24 of Sch. II | |
| i) Trial Court Judgment | Rs. 5.00 | |
| ii) District Court Judgment | Rs. 5.00 | |
| iii) High Court Judgment | ||
| PRESENTATION |
|---|
|
All matters which are to be instituted on the Appellate Side of the High Court shall be presented to the Filing Counter of Computer Section. Such presentation of any matter or proceeding by any person not represented by an Advocate shall be made by such person personally and the presentation of any matter or proceeding on behalf of party by an Advocate shall be made by such Advocate personally or by his Recognised Clerk.
Presentation of any matter or proceeding shall be made in the prescribed Presentation Form duly filled in which are shown below. Such formats are (1) Presentation Form for matter or proceeding and Vakalatnama, (2) Presentation Form for affidavits, Judgment and Decree etc. filed separately, and (3) Presentation Form for Caveat. |
| Click on the links below to view / download Forms |
| - Case Presentation Form |
| - VP Filing Form |
| - Affidavit |
| - Caveat |