Understanding the Trial Court Structure in Maharashtra (LITIGATION BASICS 20)

Understanding the structure of trial courts is fundamental for every litigation lawyer and law student, as it determines the forum before which a case is to be instituted, contested, and adjudicated. The hierarchy of courts is based on their jurisdiction and powers, which directly impact filing of suits, criminal proceedings, appeals, and revisions. In Maharashtra, trial courts are broadly classified into civil courts and criminal courts, whose jurisdiction is governed by the Code of Civil Procedure, 1908, the BNSS/CrPC, and various State-specific laws and rules. Apart from regular courts, specialised tribunals and statutory authorities also exercise jurisdiction under special enactments. A clear understanding of the trial court structure enables a litigator to make informed decisions regarding jurisdiction, forum selection, and procedural strategy at every stage of litigation.

(A) Trial Court Structure in Maharashtra (Other than Mumbai City)

Civil Side

The jurisdiction and powers of civil courts in Maharashtra are primarily governed by:

1. Code of Civil Procedure, 1908
2. Maharashtra Civil Courts Act, 1869

(1) District Court

The District Court is the principal court of original civil jurisdiction in a district within the meaning of the Code of Civil Procedure. It exercises both original and appellate jurisdiction. Appeals against judgments and decrees passed by the Civil Judge (Junior Division) and Civil Judge (Senior Division) lie before the District Court. However, in civil matters where the valuation of the subject matter exceeds ₹1 crore, appeals are filed directly before the High Court.

(2) Civil Judge, Senior Division (CJSD)

The jurisdiction of the Civil Judge, Senior Division extends to all original civil suits and proceedings of a civil nature. This court generally deals with civil matters by or against the Government and cases where the value of the subject matter exceeds ₹5,00,000.

(3) Civil Judge, Junior Division (CJJD)

The Civil Judge, Junior Division has jurisdiction over original civil suits and proceedings of a civil nature where the value of the subject matter is up to ₹5,00,000.

(4) Small Cause Courts

The jurisdiction and powers of Small Cause Courts are prescribed under the Provincial Small Cause Courts Act, 1887. These courts deal with specific categories of suits of a summary nature as provided under the statute.

 

Criminal Side

The jurisdiction and powers of criminal courts are governed by the BNSS/CrPC. Chapter III of the BNSS (Sections 21 to 29), prescribe the powers of criminal courts with respect to the maximum sentences that may be imposed.

(1) Sessions Court

Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law. However, a sentence of death passed by a Sessions Court is subject to confirmation by the High Court.

(2) Court of the Chief Judicial Magistrate (CJM)

CJM may pass any sentence authorised by law except a sentence of death, imprisonment for life, or imprisonment exceeding seven years.

(3) Court of the Judicial Magistrate First Class (JMFC)

JMFC may pass a sentence of imprisonment for a term not exceeding three years, or a fine not exceeding fifty thousand rupees, or both.

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(B) Trial Court Structure in Mumbai

Civil Side

The jurisdiction and powers of civil courts in Mumbai are governed by:

1. Code of Civil Procedure, 1908
2. Bombay City Civil Court Act, 1948

(1) City Civil Court

The City Civil Court exercises original civil jurisdiction within Mumbai as prescribed under the CPC and the Bombay City Civil Court Act, 1948. It presently enjoys pecuniary jurisdiction up to ₹10 crore. Appeals from judgments and decrees of the City Civil Court lie before the High Court.

(2) Small Cause Court

The jurisdiction and powers of the Small Cause Court in Mumbai are governed by the Presidency Small Cause Courts Act, 1882.

 

Criminal Side

The structure and jurisdiction of criminal courts in Mumbai are now the same as those in the rest of Maharashtra. Prior to the implementation of the BNSS, Metropolitan Magistrates exercised criminal jurisdiction in Mumbai. After the implementation of BNSS, the criminal court structure across Maharashtra has been made uniform, and Judicial Magistrates now exercise criminal jurisdiction in Mumbai as well.

List of Trial Courts in Mumbai

City Civil & Session Court
- Fort
- Dindoshi

Small Cause Courts
- Dhobi Talao
- Bandra

Metropolitan Magistrate Courts with Court Numbers

 

1. Esplanade CMM - 1, 3, 8, 19, 23, 28, 37, 47, 64
2. Borivali ACMM - 17, 24, 26, 43, 67, 68
3. Andheri ACMM - 10, 22, 44, 48, 63, 65, 66
4. Vile Parle - 39, 55
5. Bandra ACMM- 9, 12, 32, 58, 71
6. Dadar Bhoivada ACMM - 5, 7, 13, 29, 62 - This court shifted to old Sewree Court Building
7. Dadar Shindewadi - 41, 42 (BMC Matters)
8. Girgaon ACMM - 4, 14, 18, 40

9. Mazgaon - Balard Estate and Sewree Court shifted to New Mazgaon Court Building
- Balard Estate ACMM - 16, 33, 38
- Sewree ACMM - 2, 6, 15, 20, 25, 46, 54, 56, 69, 70
10. Mulund - 27, 53
11. Vikhroli ACMM - 31, 34, 49, 50, 72, 73
12. Kurla ACMM - 11, 30, 45, 51, 52, 57, 59, 60, 61
13. Juvenile Court Dongri

Railway Court

- CSMT
- Andheri
- Mumbai Central - 36

Police Station Wise Jurisdiction of Judicial Magistrate Courts in Mumbai

               Click here to download file 

 

In this document police station wise jurisdiction of Judicial Magistrate Courts in Mumbai is explained.

 

Note - For law students and junior advocates, familiarity with the trial court structure—particularly the local court hierarchy in Maharashtra and Mumbai—is essential for effective litigation practice. Knowledge of the correct forum not only prevents jurisdictional errors but also ensures timely filings, proper appellate remedies, and smoother court proceedings. Regular court visits and observation of how different courts function in practice greatly enhance this understanding.