JURISDICTION OF THE BOMBAY HIGH COURT

(Original side)

ORIGINAL JURISDICTION

• The Original Jurisdiction of the High Court may be held before one or more Judges of
the High Court. The Judges may, subject to any rules of the Court may exercise all or
any part of the Original Jurisdiction of the High Court in the Court itself or in their
Chambers.

• The Original Civil Jurisdiction of the High Court extends to Greater Mumbai as
defined in the Greater Bombay Laws and the Bombay High Court.

• Jurisdiction of Bombay High Court extends to the following areas:

1) The Town and Island of Bombay.

2) The limits of the Port of Bombay as defined in the Government Notification in the
Political Department No. 6204
3) The limits of the Municipal Boroughs of Bandra, Parle-Andheri and Kurla and
the Municipal Districts of Ghatkopa-Kirol and Juhu.

4) The under mentioned 28 villages of the Bombay Suburban District: -

Bandivali, Chembur, Vadawli, Ambivali, Chakala, Trombay, Bapnala, Brahmanwada,
Mandala, Mankhurd, Man Budruk, Mulgaon, Vesava, Madh, Devnar, Borla, Mahul, Anik,
Kole-Kalyan, Marol, Mohili, Maravali, Mogre, Shahar, Nanala, Saki, Asalpe (Aspa),
Kondivate.
5) The under mentioned villages of the Bombay Suburban District: -
Bhandup, Chandavli, Hariali, Kanjur, Kopri, (Near Pawai), Majas Oshivra, Parajapur
Paspoli, Pawai, Trirandaj, Tungve, Vikhroli, Vyaroli.
7) The under mentioned villages of the Thane District: -
Akse, Akurli, Areay, Borivali, Charkhop, Chinchavali, Dahisar, Darivali, Dindoshi, Eksar,
Gundgaon, Gorai, Goregaon, Kaneri, Kandivli, Kurar, Klerbad, Magathane, Malad,
Malvani, Mandapeshwar, Manori, Marve, Maroshi, Mulund, Nahur, Pahadi, Poisar, Sai,
Shimpoli, Tulshi, Wadhwan, Valnai, Yerangal
 • If it appears to any Judge, either on the application of a party or otherwise, that a suit
or matter can be heard by a Bench of two or more Judges more conveniently, he may
report the same to the Chief Justice, who will make the decision based on what he/she
deems fit. This rule applies to every other kind of jurisdiction exercised by the High
Court.

• The chief justice appoints any judge he deems fit to handle matters like Matrimonial
Suits, Commercial Causes, Writ Petitions, Company Matters, Land Acquisition
References, Income-tax and other tax matters, Insolvency matters, Admiralty and
Vice-Admiralty Suits, Disciplinary Matters and all other matters and proceedings in
the exercise of the Original Jurisdiction of the High Court

CRIMINAL JURISDICTION:

• The cases directed to be tried by the High Court will be tried on the Original Side in
the exercise of its Criminal Jurisdiction, according to the provisions of the said Code
of Criminal Procedure before a judge appointed by the Chief Justice.
• The criminal sessions of the High Court shall be held at such time and on such dates
as the Chief Justice may direct.

SPECIAL JURISDICTION: ADMIRALITY JURISDICTION:

The jurisdiction with respect to maritime claims are vested in the respective High Courts of
Bombay, Madras and Calcutta. It will extend up to the territorial waters of their respective
jurisdictions.
The High Court may exercise jurisdiction on maritime claims arising out of conditions
including:
(i) Disputes regarding ownership of a vessel
(ii) Disputes between co-owners of a vessel regarding employment or earnings of the
vessel
(iii) Mortgage on a vessel
(iv) Construction, repair, or conversion of the vessel
(v) Disputes arising out of the sale of a vessel.
(vi) Environmental damage caused by the vessel, etc.

• The Admirality Bill defines a vessel as any ship, boat, or sailing vessel which may or
may not be mechanically propelled.

• The court may exercise admiralty jurisdiction against a person with regard to
maritime claims. However, the courts will not entertain complaints against a person
in certain cases like:
 (i) Damage, or loss of life, or personal injury arising out of collision between vessels
that was caused in India.
(ii) Non-compliance with the regulations of the Merchant Shipping Act, 1958 by a
person who does not reside or carry out business in India.

• Also, the court does not entertain action against a person until any case against them
with regard to the same incident in any court outside India has ended.

REFERENCES:
https://www.scribd.com/doc/178041624/Bombay-High-Court-Original-Side-Rules
www.manupatrafast.com
https://prsindia.org/billtrack/the-admiralty-jurisdiction-and-settlement-of-maritime-claims-
bill-
2016#:~:text=Admiralty%20jurisdiction%3A%20The%20jurisdiction%20with,jurisdiction%
20of%20these%20High%20Courts.