THE BOMBAY HIGH COURT APPELLATE SIDE RULES, 1960

(Amended upto 9th December, 2015)

INDEX

Part – I
CONDUCT OF BUSINESS

Chapter I		JurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. of Single Judges and Benches of the High Court
Chapter II		Power of the Registrar, Depurty Registrar and Assistant Registrar

Part – II PROCEDURE AND PRACTICE
Chapter III		Affidavits
Chapter IV		Presentation of Appeals and Applications.
Chapter IV-A		Norms for Presentation and Conduct of Proceedings in person by parties
Chapter V		Procedure after Presentation, Removal of Office objections, etc.
Chapter VI		Appeal under clause 15 of the Letter Patent
Chapter VII		Processes, Process fees, Printing charges, Security for cost and other procedure after admission
Chapter VIII		Search and copies
Chapter IX		Preparation of paper books and translations.
Chapter X		Warned List, Weekly and Daily Boards
Chapter XI		JudgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) and Decree
Chapter XII		Procedure In Cases of Default
Chapter XIII		Certified Copies
Chapter XIV		CostsCosts Subject to any written law, costs are at the discretion of the Court, and the Court has the power to determine all issues relating to the costs of or incidental to all proceedings, including by whom and to what extent the costs are to be paid, at any stage of the proceedings or after the conclusion of the proceedings. Generally “Costs” includes charges, disbursements, expenses, fees, and remuneration. Costs in any matter are payable from the date of the order of the Court unless the parties otherwise agree. The costs of a third-party funding contract are not recoverable as part of the costs of, or costs., Fees and Rules for Computing Advocates Fees
Chapter XV		Destruction of Records
Chapter XVI		References From the Bombay Court of Small Causes and under section 113 and Order XLVI of the Civil Procedure Code
Chapter XVII		Petitions under Articles 226 and 227 and applications under Article 228 of the Constutiton and Rules for the issue of Writs and Orders under the said Articles
Chapter XVIII		Cases for Confirmation of a Decree under the Indian Divorce Act, IV of 1869 [ Deleted ]
Chapter XIX		Rules made under section 4(2) of The City of Bombay Municipal (Supplementary) Act, XII of 1888
Chapter XX		Appeals Under the Insurance Act IV of 1938
Chapter XXI		Rules under The Banking Regulation Act 1949 (Act X of 1949) applicable to applications filed in the office of the High Court at Nagpur
Chapter XXII		Appeals under section 116-A of The Representation of People Act XLIII of 1951
Chapter XXIII		Petitions under The Indian Companies Act (I of 1956)
Chapter XXIII-A		Appeals under Companies Act, 1956 (Act I of 1956)
Chapter XXIV		Appeals under Section 72 of The Copyrights Act, 1957
Chapter XXIV-A		Tax Appeals
Chapter XXV		Revision Application under section 5(2) of The Bombay Court Fees Act, 1959
Chapter XXVI		Criminal Business
Chapter XXVII		Rules under section 477(1)(d) read with section 96 of The Code of Criminal Procedure 1973
Chapter XXVIII		Rules for the issue of Writ or orders in The Nature of Writs of Habeas Corpus under Articles 226 of The Constitution of IndiaIndia Bharat Varsha (Jambu Dvipa) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । Read more
Chapter XXIX		Appeal to the Supreme Court [ Deleted ]
Chapter XXIX-A		Appeal to the Supreme Court
		SCHEDULE “A”
		Form No. I – Petition for a certificate for leave to appeal to the Supreme Court
		Form No. II – Notice to show causeShow Cause A process directed to a person to appear in court and present reasons why a certain order, judgment, or decree should not be made final.
		Form No. III – Certificate of Fitness for appeal to the Supreme Court
		Form No. IV – Notice of the order granting Specal Leave and/the lodgment of the petition of appeal
		Form No. V – Certificate regarding service of Notice on the Respondent(s) under Rules 11/15 Order XV/XXI of the Supreme Court Rules, 1966
		Form No. VI – Notice to appellant for depositing the costs of the preparation, transmission etc. of the transcript of the record
		Form No. VII – Notice to the Appellant for inspection of the Record and for filing the list of documents to be included in the Transcript of the record
		Form No. VIII – Notice to the Respondent for inspection of the Record and for filing the list of documents to be included in the Transcript of the record.
		Form No. IX – Notice of the certification and transmission of the transcript of the record.
		Form No. X – Certificate of the Registrar under rules 11/15, Order XV/XXI of the Supreme Court Rules, 1966
		Form No. XI – Petition for a Certificate for Leave to appeal to the Supreme Court
		SCHEDULE “B”
		Rules as to Printing of Record
Chapter XXIX-B		Transfer of Cases under Article 139-A of the Constitution
Chapter XXX		Miscellaneous
Chapter XXXI		Presentation of Proceedings at the Office of the High Court at Nagpur, Aurangabad and Panaji, Goa
Chapter XXXI-A		General [ Deleted ]
Part – III LEGAL PRACTITIONERS
Chapter XXXII		Legal Practitioners
		Schedules I to V – Deleted.
		Schedules V – Rules made by the Bar Council – Appearance of Advocates of other High Courts on the Appellate Side
		Schedules VI – Rules framed by the High Court under section 16(2) of the Advocates Act, 1961
		Schedules VII – Rules framed by the High Court under section 34(1) of the Advocate Act, 1961

Part – IV ADVOCATES’ CLERKS
Chapter XXXIII		Advocates’ Clerk
Chapter XXXIV		Rules to regulate proceedings for contempt under Articles 215 of The Constitution of India and The Contempt of Courts Act, 1971
Chapter XXXV		Rules of the High Court at Bombay under The Maharashtra Vexatious Litigation (Prevention) Act, 1971

Part – V APPENDICES
		Appendix A – An Act for Establishing High Courts of Judicature in India [ Repealed ]
		Appendix B – The Amended Letters Patent of The High Court