Understanding the Trial Court Structure in Maharashtra (LITIGATION BASICS 20)
Understanding the Court Structure is essential for every litigation lawyers and law students. The hierarchy of court structure is based on its jurisdiction and powers. Primarily Trial Courts are divided into Civil Courts and Criminal Courts. The jurisdiction and powers of these courts are prescribed in the Code of Civil Procedure, Code of Criminal Procedure and State Laws and Rules. Apart from these courts there are specialised tribunals and authorities established under special statutes. The study of court structure helps to identify jurisdiction of court for filing cases, appeals and revision. In this Article we have explained Trial Court Structure in Maharashtra.
(A) TRIAL COURT STRUCTURE IN MAHARASHTRA (OTHER THAN MUMBAI CITY)
CIVIL SIDE
The jurisdiction and powers of Civil Courts in Maharashtra are prescribed in the following statutes -
1. Civil Procedure Code 1908
2. Maharashtra Civil Court Act 1869
(1) District Court -
The District courts is the Principal Court of Original Civil Jurisdiction in the District within the meaning of CPC. This courts have both original and appellate jurisdiction. Appeals against the decisions given by Civil Judge JD and Civil Judge SD lie in District Court.The appeals in the matters,in which valuation of subject matter is above Rs. 1 Crore are to be filed directly in the High Court.
(2) Civil Judge Senior Division (CJSD)
The jurisdiction of Civil Judge SD extends to all original suits and proceedings of a civil nature. Court of Civil Judge SD deals with the civil matters by or against Government and other matters in which value of subject matter exceeds Rs.5,00,000.
(3) Civil Judge Junior Division (CJJD)
The jurisdiction of Civil Judge JD extends to all original suits and proceedings of a civil nature. The Civil matters, in which value of subject matter is upto Rs.5,00,000/- are to be tried by the Civil Judge Junior Division.
(4) Small Casue Courts
The Jurisdiction and Powers of Small cause Courts are prescribed in the Provincial Small Cause Courts Act, 1887.
CRIMINAL SIDE
The jurisdiction and powers of Criminal Courts are prescribed in the Code of Criminal Procedure. The Chapter III (Ss 26 to 35) of CrPC prescribes maximum sentences can pass by each court.
(1) Session Court
Section 28 of CrPC provides -
a. Sessions Judge or Additional Sessions Judge - may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.
b. Assistant Sessions Judge - may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.
(2) Chief Judicial Magistrate (CJM) Court
Section 29(1) Provides -
Court of a CJM may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.
(3) Juducial Magistrate First Class (JMFC) Court
Section 29(2) provides -
The Court of JMFC may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or of both.
(B) TRIAL COURT STRUCTURE IN MUMBAI
CIVIL SIDE
The jurisdiction and powers of Civil Courts in Mumbai are prescribed in the following statutes -
1. Civil Procedure Code 1908
2. Bombay City Civil Court Act, 1948
(1) City Civil Court
The jurisdiction and power of this court prescribed in CPC and Bombay City Civil Court Act, 1948. It enjoys pecuniary jurisdiction up to 1 Crore and proposed to raise jurisdiction upto 10 crore. (as per Amendment Act of 2023). Appeal from this court lie to High Court.
2. Small Cause Court - The jurisdiction and power of this court prescribed in the Presidency Small Cause Court Act 1882.
CRIMINAL SIDE
The jurisdiction and powers of Criminal Courts are prescribed in the Code of Criminal Procedure. The Chapter III (Ss 26 to 35) of CrPC prescribes maximum sentences can pass by each court.
(1) Session Court
Section 28 of CrPC provides -
a. Sessions Judge or Additional Sessions Judge - may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.
b. Assistant Sessions Judge - may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.
2. Chief Metropolitan Magistrate (CMM) and Metropolitan Magistrate (MM) Courts
Section 29(4) Provides - The CMM shall have the powers of the Court of a CJM and that of a MM, the powers of the Court of a JMFC.
a. Court of a CMM may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.
b. Court of MM may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or of both.
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
- CSTM
- Andheri
- Mumbai Central - 36
Police Station Wise Jurisdiction of MM Courts in Mumbai
In this document police station wise jurisdiction of MM Courts in Mumbai is explained.
Very Good Information.
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