Understanding the area of practice of the Bombay High Court (HIGH COURT PRACTICE 2)

 

Understanding the area of practice of the High Court is an essential for lawyers and law students. In this article, we have explained the area of practice of the Bombay High Court. It will help junior lawyers and law students who want to practice in the High Court to decide their practice area. 

The Bombay High Court has both Appellate and Original Side Jurisdiction. The Appellate Side Jurisdiction is further divided into civil appellate jurisdiction and criminal appellate jurisdiction. The original side jurisdiction empowers the Court to deal with original civil matters. The Bombay High Court Original Side Jurisdiction is extended to Mumbai City only. 

BOMBAY HIGH COURT APPELLATE SIDE JURISDICTION


(A) CIVIL APPELLATE JURISDICTION

(1) PUBLIC INTEREST LITIGATION (PIL)

(2) CIVIL WRIT PETITIONS

1. Environmental Issues
2. Infrastructure Projects
3. Tender matters

4. Against the orders passed by CAT and MAT

5. Labour and Service (including those pertaining to APMC, Municipal Corporations, Municipal Councils, Nagar Panchayats, etc.) including caste claims relating thereto except those assigned to other Court
6. Municipal Corporations, Cantonment areas, (excluding Labour / Service matters) and the matters under Maharashtra Regional Town Planning Act, 1966 (M.R.T.P Act) concerning the above areas
7. Municipal Councils, Zilla Parishads, Nagar Panchayats and Gram Panchayats including Election matters and caste Scrutiny matters pertaining to Elections (excluding Labour / Service matters) and the matters relating to Maharashtra Regional Town Planning Act, 1966 (M.R.T.P Act) concerning above mentioned areas.
8. Maharashtra Land Revenue Code
9. Land Acquisition Act, 1894 and all other matters relating to acquisition and requisition of properties
10. resettlement of project affected persons
11. Co-operative Societies Acts
12. Judicial Officers and Candidates for the post of Judicial Officers.
13. Energy and Airports
14. Forests.
15. infrastructure of Courts within the jurisdiction of Principal Seat
16. Educational Institutions (by or against), except those assigned to other Courts
17. Industrial / Labour Laws
18. against orders of Family Courts and CJSD Court in Maintenance matters including matters arising from orders under Chapter–IX of Cr.P.C. and against orders of Criminal Courts arising from the said Chapter of Crpc
19. against orders of Family Courts
20. Rent Act and those arising out of orders passed in suits under the Rent Act and Presidency/ Provincial Small Causes Courts Act, including the orders passed by these Courts under Code of Civil Procedure

(3) WRIT PETITIONS

1. Education, service matters of teaching and non-teaching staff, including Caste Scrutiny matters except those assigned to other Courts

(4) APPEALS

1. First Appeals
2. Second Appeals
3. Appeals From Order
4. LPA
5. Family Court Appeals
6. Arbitration Appeals

(5) APPEALS, REFERENCES & APPLICATION

1. Maharashtra VAT, Sales Tax, Foreign Trade (Regulation and Development) Act, 1992 including FERA, FEMA
2. Indirect Taxes under Central Acts
3. Direct Tax Laws

(6) CIVIL REVISION APPLICATIONS

(7) CIVIL REFERENCES

(8) CIVIL CONTEMPT REFERENCES FROM DISTRICT JUDICIARY

(9) CIVIL MISC APPLICATIONS

(10) ELECTION MATTERS & CASTE SCRUTINY MATTERS

(11) COMMERCIAL

1. Writ Petitions in indirect tax matters under Central Acts and State Acts (including Excise Duty, Customs Duty, Service tax, FERA and FEMA)
2. Matters under SARFAESI, 2002 and IB Code.
3. Matters against orders passed by DRT & DRAT under any enactment
4. Arbitration matters
5. Arbitration Appeals pertaining to Division Bench.
6. Appeals under Section 13 of the Commercial Courts Act, 2015

(B) CRIMINAL APPELLATE JURISDICTION

(1) WRIT PETITION

1. Criminal Writ Petitions / Applications for quashing of FIR, C.R., Charge Sheet and order directing investigation under section 156(3) of the Cr. P.C.
2. Criminal Writ Petitions and Criminal Applications u/s 482 of Cr.P.C
3. Furlough, Parole, Remission and Commutation of Sentence/ Pre-mature release
4. crime against Women and Children

(2) CRIMINAL WRIT PETITION

(3) CRIMINAL APPEAL

1. Application for leave to appeal

2. Conviction Appeals -
1. conviction appeals as well as connected Appeals against Acquittal and Appeals for enhancement of Sentence wherein accused is in Jail and connected Appeals arising out of same judgment and all Applications therein
2. Conviction Appeals as well as connected Appeals against Acquittal and Appeals for enhancement of sentence wherein accused is on bail and connected Appeals arising out of same judgment and all applications therein

3. Criminal Appelas against Acquital

(4) CRIMINAL REVISION APPLICATIONS

(5) CRIMINAL CONTEMPT PETITION

(6) PREVENTIVE DETENTION MATTERS. HABEAS CORPUS MATTERS & CRIMINAL REFERENCES

(7) ANTICIPATORY BAIL APPLICATION & REGULAR BAIL APPLITION, Applications Relaxation or modification of Bail and all other applications concerning Bail

(8) REGULAR BAIL APPLICATIONS & APPLICATIONS FOR CANCELLATION, RELAXATION, RELAXATION OR MODIFICATION OF BAIL

(9) APPLICATION U/S 407 CRPC (Transfer of Case)

(10) OTHER CRIMINAL WORK

1. Confirmation of death sentence cases with connected appeals

BOMBAY HIGH COURT ORIGINAL SIDE JURISDICTION

(1) PUBLIC INTEREST LITIGATION (PIL)

(2) CIVIL WRIT PETITIONS

(3) WRIT PETITIONS

(4) ELECTION MATTERS & CASTE SCRUTINY MATTERS - 

1 to 4 are Same as Appellate Side Jurisdiction

(5) APPEALS, REFERENCES & APPLICATION

1. Appeals, References and Applications in Maharashtra VAT, Sales Tax, Foreign Trade (Regulation and Development) Act, 1992 including FERA, FEMA
2. Writ Petitions, Appeals and References under Direct Tax Laws
3. Contempt Appeals
4. Arbitration Appeals pertaining to Division Bench
5. Appeals under S. 13 of the Commercial Courts Act, 2015

(6) CRIMINAL CONTEMPT PETITIONS

(7) SUMMARY SUITS AND UNDEFENDED SUITS

(8) SUITS & MATTERS

1. Administration Suits and Partition Suits
2. Admiralty Suits and all applications therein
3. Insolvency matters
4. Matters pertaining to Land Acquisition
5. Testamentary Matters
6. Adoption, Custody and Guardianship matters and Matters arising out of the Guardians And Wards Act and Juvenile Justice Act
7. Matters under Parsi Marriage and Divorce Act and other Matrimonial Suits and matters arising therein
8. Civil matters of Single Judge not specifically assigned to other Courts

(9) CHAMBER WORK and all applications of miscellaneous nature including execution applications and leave petitions under Clause XII of Letters Patent.

(10) COMMERCIAL DISPUTES

1. Commercial Disputes of value of Rupees 100 Crores or more
2. Intellectual Property Matters
3. Commercial Misc. Petitions (IPR)

(11) ARBITRATION MATTERS

1. Matters under Section 34 of the Arbitration and Conciliation Act, 1996
2. Matters under Part-I of the Arbitration and Conciliation Act, 1996
3. Matters under Part-II of the Arbitration and Conciliation Act, 1996

(12) COMPANY ACT

1. Company Petitions and Applications (Company matters including Appeals against orders of Company Law Board)
2. Appeals under the Companies Act, except part-heard matters of Other Courts
3. Official Liquidator's reports (not assigned to any Other Court), misfeasance summons, complaints under the Companies Act