High Court Practice & Procedure

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High Courts`Link 

  1. High Court, Andhra Pradesh

  2. High Court, Allahabad

  3. High Court, Bombay

  4. High Court, Calcutta

  5. High Court, Chattisgarh

  6. High Court, Delhi

  7. High Court, Gauhati

  8. High Court, Gujarat

  9. High Court, Himachal Pradesh

  10. High Court, Jammu & Kashmir

  11. High Court, Jharkhand

  12. High Court, Karnataka

  13. High Court, Kerala

  14. High Court, Madras

  15. High Court, Madhya Pradesh

  16. High Court, Meghalaya

  17. High Court, Orissa-

  18. High Court, Patna

  19. High Court, Punjab & Haryana

  20. High Court, Rajasthan

  21. High Court, Sikkim

  22. High Court, Uttarakhand

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The High Courts (Seals) Act, 1950

Every High Court in a  [State] shall have and use, as occasion may arise, a seal bearing a device and impression of the Asoka capital within an exergue or label surrounding the same, with the following inscriptions at convenient places, namely, “THE SEAL OF THE HIGH COURT AT (or OF) …………..”, followed by the name of the seal of the High Court or the name of the State, as the case may be, and “Satyameva Jayate” in Devanagari script

The Calcutta High Court (Extension of Jurisdiction) Act, 1953


Decrees and Orders Validating Act 1936

S 2. Certain decrees and orders not to be called in question.- No decree passed or order made by the High Court of Judicature at Fort William in Bengal, the High Court of Judicature at Madras or the High Court of Judicature at Bombay, in the exercise of its ordinary original civil jurisdiction under clause 12 of its Letters Patent, or by the High Court of Judicature at Rangoon, in the exercise of its original civil jurisdiction under clause 10 of its Letters Patent, shall be called in question in any proceedings before any other Court on the ground that the High Court passing the decree or making the order had no jurisdiction to pass or make the decree or order


The High Court Judges Salaries and Conditions of Service Act, 1954

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Law Library

The High Court deals with following types of matter in its Criminal Jurisdiction
MATTER TYPES
  1. Criminal Writ Petition
  2. Criminal Appeal
  3. Confirmation Cases
  4. Criminal Revision Application
  5. Criminal Application
  6. Criminal Miscellaneous Application
  7. Criminal References
  8. Criminal Contempt Petition
The High Court deals with following types of matter in its Civil Jurisdiction
MATTER TYPES
  1. Writ Petition
  2. First Appeal
  3. Family Court Appeal
  4. Letters Patent Appeal
  5. Second Appeal
  6. Appeals from Order
  7. Contempt Appeals
  8. Civil Revision Application
  9. Contempt Petition
  10. Misc. Civil Application
  11. Civil References
  12. Tax Appeals
  13. Arbitration Petition
  14. 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 8 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 aplicant 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

[Please check individual Jurisdiction]

[following list is only for example]

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  and/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

a) when amount or value of the subject matter in dispute does not exceed one thousand rupees and
——- 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 of 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) Click
 
FIRST APPEAL (UNDER SPECIAL ACTS) 
Act Name
i) Motor Vehicle Act
Provision
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 Copy Right Act (Under S.72(2)
(For procedure Please refer Ch. XXIII- A of H.C.A.S.Rules, 1960)
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)
Art.23(b)
Art.23(c)
Art.23(d)
Art.23(e)
Rs. 100.00
Rs. 100.00
Rs.   75.00
Rs. 100.00
Rs. 100.00
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
——– ad valorem  of the Claim
 
4] LETTERS PATENT  APPEAL
——– ad valorem of the Claim
 
5] APPEAL FROM ORDER
——– Rs. 25. 00
 
6] CIVIL REVISION APPLICATION
——– Rs. 50. 00
 
7] CONTEMPT PETITION
——– Rs. 20. 00
 
8] 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

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  1. THE BOMBAY HIGH COURT (ORIGINAL SIDE) RULES
  2. THE BOMBAY HIGH COURT APPELLATE SIDE RULES, 1960

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