High Court Visit

Introduction
Courts are regarded as the temples of justice. Any person who is aggrieved by the
acts of another takes his resort in courts to get his grievances. For every law
student who intends to pursue his career as a lawyer and is preparing to develop
his career plans, he will be much benefitted if he gets an opportunity to observe
closely the procedures carried out in the courts.

Court visits are included in legal education curriculum to provide the students with
an opportunity to study by observing a live court room. We the students of law at
Kannur university, School of Legal Studies is having such an activity in our ninth
Semester i.e., to visit a court and to prepare a report thereof which is to be recorded
and submitted.

As a part of the activity we decided to visit and observe a day's work at the High
Court of Bombay. High Court of Bombay is the head of the state judiciary coming
directly under the supervision of the Supreme Court of India. Bombay High Court
is a Constitutional as well as Statutory judicial body. High Court of Bombay is
constituted by the Government of India under Article 214 of the Constitution of
India. The High Court is a Constitutional Court in terms of Article 215. It is a court
of record and has all the powers of such court including the power to punish for
contempt of itself. The business and exercise of the powers of the High Court of
Bombay are regulated by the provisions contained in the Bombay High Court Act,
1958 and the Rules of the High Court of Bombay, 1971 prescribed there-under.
The High Court has Original, Appellate as well as Revisional jurisdiction in both
civil as well as criminal matters apart from the power to answer reference under
certain statutes.

Every High Court shall consist of a Chief Justice and such other judges as the
President of India from time to time deem it necessary. At present, the sanctioned
Judge strength of the High Court of Bombay is 27 Permanent Judges including the
Chief Justice and 11 Additional Judges. Every judge including the Chief Justice
shall be appointed by the President of India by Warrant under his hand and seal.
Every permanent judge will continue in office until he attains the age of 62 years.
The Additional Judges are appointed for a period not exceeding two years taking
into account the temporary increase in the business of the High Court. Such judge
shall also not hold office after attaining the age of 62.

As at present, there are 26 Permanent Judges including the Chief Justice and 9

Additional Judges. Article 230 enables the Indian Parliament, by law to extend the
jurisdiction of a High Court to any Union Territory. By virtue of this the High
Court of Bombay is also the High Court having jurisdiction over the Union
Territory of Lakshadweep.

Acknowledgement
Before detailing the report it is essential to acknowledge the efforts of certain good
people who had given their support and guidance to make this report.

First of all I must express my sincere gratitude to all lecturers especially Mrs.
SHEEJA A.M who supported and guided and accompanied us throughout this
effort.

Mrs. Kavitha Balakrishnan, Head of the department gave us full support for our
idea of making a visit to High Court. Without her permission and support this
wouldn't have had happened. For this I express my sincere gratitude to her.

Adv. Anishad P.S (Advocate at Bombay High Court), I am so grateful to his

guidance and assistance he provided for me at the High Court. He gave me data
which I needed for my work. He took me to every court rooms in the entire
complex and shown me every arrangements done in the High Court complex for
the aid of the advocates. He took me to the registrar of the High Court and I had a
chance to talk with him and he showed me the filing and despatch sections and
explained to me its working. I am grateful to him for all the efforts he taken to help
me in completing this work

Last but not the least, I would like to express my sincere gratitude to God the
Almighty, for bringing to me such wonderful persons to help me in my work.
 Scope and Object
The scope of the visit is that it helps the law students to understand the
judicial process at the High court of Bombay by directly experiencing it. for any
student who is planning for a career as an advocate such an experience would help
to promote his ambitions and plan his career forward.
The object was to understand the procedure that is being followed in the
High Court of Bombay. The procedure followed in High Courts is different from
that of trial courts as there are no such elaborate procedures of trial being
conducted in High Courts as there in trial courts.
 Methodology.
as a part of the curriculum we had to visit a court and make report based on its
findings. we decided to visit the High Court of Bombay and to prepare a report
thereof. We obtained permission from the authorities to enter the court room and to
observe proceedings. We entered court rooms in groups and seen the proceedings
that was being held in each court room. We interacted with the advocates and
understood the procedures of filing a petition, obtaining and implementing interim
orders, execution orders etc.
 Observation.

    The High Court transacts its judicial functions, the Judges sitting in Single, in
Division Bench and in specifically referred cases in Full Bench and also in Larger
Bench. The power of distribution of work in courts vests with the
Chief Justice and the work is distributed depending on the subject matter of the
cases. The constitution of sittings and work distribution is published daily.

There are all together 13 Judicial Sections in the High Court to deal with 50 types
of cases filed in the court from filing to issue of Certified Copy of Judgment /
Orders. The Cause List of cases posted before different Courts / Chambers are also
published daily and weekly.

Filing Of Case
Filing a suit or petition before High Court is having a different
procedure from that of the ordinary law courts. The petition is never
given directly to the court. The file shall be submitted at the filing
section of the High Court. At least 5 copies of the petition shall be filed
by the petitioner. If more copies are needed to send to the opposite
parties along with the notice or to be given to each presiding judges such
number of copies as needed must also be added with it.
There is a format for every petitions and every petition must follow that
format. The format of every petitions to be filed is that it must have;
1. Index
2. Synopsis
3. Petition
4. Affidavit
5. Exhibit
This pattern shall be followed for every petition filed in the High Court.
At the filing section the officers of court would check for defects in the
petition. If there is any defects the defect would be shown in the notice
board and the advocate is expected to cure the defect and resubmit the
file within fifteen days. In case of any delay for filing after the limitation
of fifteen days, there must be either sufficient cause for such delay or the
party will be required to condone for such delay.
Petitions filed after curing the defects or filed without defects would be
numbered and forwarded to the bench for hearing.

Hearing of the Case

When a petition is numbered and forwarded to the bench, notice to this
effect will be sent to the opposite party or parties as required along with
a copy of the petition submitted to the court and the person is expected
to appear before the court and contend in the case.

Hearing of case in High court can be put to four stages;

I. Admission
in the admission stage the sustainability of the petition is being
checked. There can be three kinds of petitions admitted in High
Court firstly cases coming under the original jurisdiction of High
Court, secondly cases of appellate jurisdiction, thirdly revision
petitions under the revisional jurisdiction of High Court.

Original Jurisdiction of High Court

The High Court can have Original jurisdiction in matters of writ
petitions. In terms of Article 226 of the Constitution of India, the High
Court shall have power in relation to its territorial jurisdiction to issue
Directions, Orders and Writs including the Writs in the nature of Habeas
Corpus, Mandamus, Prohibition, Quowarranto and Certiorari for
 enforcement of the fundamental rights guaranteed to the citizens under Part
III of the Constitution or for any other purpose.

Appellate Jurisdiction
Sections 100 of the Code of Civil Procedure provides for filing of
second appeals in High Court. An appeal shall lie to the High
court under section 100 from every decree passed in appeal by
any court subordinate to the High Court, if the High court is
satisfied that the case involves a substantial question of law.
The memorandum of appeal should precisely state the substantial
question of law involved in the case.
Revisional Jurisdiction
Section 115 of Civil Procedure Code empowers the High Court to
interfere in revision in any case decided by any subordinate court,
If such subordinate Court appears to have;
a)exercised a jurisdiction not vested in it by law, or
b)failed to exercise a jurisdiction so vested, or
c) acted in the exercise of its jurisdiction illegally or with material
irregularity.
If such conditions are satisfied an aggrieved person can move to
High Court for revision.
The sustainability of the petitions would be checked by the court at
the admission stage of the petition.
II. Counter
 When the petition is found admissible the next stage is for the
counter. At this stage notice would be issued to the respondent parties
to appear before the court and to present their case.
A notice issued from High Court can be by way of an Ordinary
notice, notice by speed post or a notice by special messenger in cases
of special urgency.
The respondent can appear before the court and file counter for the
petition submitted.

III. Hearing

After the counter being filed by the respondent the actual hearing of
the case would begin. The hearing would be upon the questions of
law and not of facts. therefore there won't be any elaborate trial
proceedings such as witness examinations. The questions of law
would be heard and arguments and evidences in this regard would be
examined and a decision thereupon would be formulated.

A special bench was constituted in the High court to hear matters of

offences against women after the Delhi gang rape issue. High Court
consist a bench for hearing service matters but most of the service
matters are dealt by the State Administrative Tribunal and the Central
Administrative Tribunal. A green bench will be constituted in the
High Court of Bombay in the near future. At present the green bench
is constituted at Chennai with Bombay included in its jurisdiction.

IV. Disposal
After hearing the parties, their arguments on various questions of law,
a decision would be formulated and a final judgement will be made.
In writ petitions Orders shall be given in accordance with the petition.
High Court can give final judgements in second appeals, writ orders,
interim orders, execution orders etc.
 Findings.
After completing the visit I record the following facts as my findings;

 High Court of Bombay is the apex court in Bombay and Lakshadweep.

 High Court of Bombay is the head of the State Judiciary having supervisory
power over all the other subordinate courts in Bombay.
 High Court is a court of record and has all the powers of such court
including the power to punish for contempt of itself.
 Every High Court shall consist of a Chief Justice and such other judges as
the President of India from time to time deem it necessary.
 At present the Bombay High Court consist 26 Permanent Judges including
the Chief Justice and 9 Additional Judges.
 The present chief justice of Bombay high court is The Hon’ble Justice Mrs.
Dr. Manjula Chellur.
 The retirement age for the judges of high court is 62 years.
 The High Court transacts its judicial functions, the Judges sitting in Single,
in Division Bench and in specifically referred cases in Full Bench and also
in Larger Bench. 
 The power of distribution of work in courts vests with the Chief Justice and
the work is distributed depending on the subject matter of the cases.
 There are all together 13 Judicial Sections in the High Court to deal with 50
types of cases filed in the court from filing to issue of Certified Copy of
Judgment / Orders.
 On these 13 judicial sections there are about 30 courts working as required
by the works demanded .
 There are two categories of advocates in High Court the Senior Advocates
and Other advocates.
 Under its original jurisdiction High Court shall have power in relation to its
territorial jurisdiction to issue Directions, Orders and Writs including the
Writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quowarranto
and Certiorari for enforcement of the fundamental rights guaranteed to the
citizens under Part III of the Constitution or for any other purpose.
 The High Court shall also have superintendence over all Courts and
Tribunals throughout the territory in relation to which it exercises
jurisdiction.
 High Court posses revisional jurisdiction over the judgements passed by its
subordinate courts subject to its territorial jurisdiction.
 Second appeals are permissible in High court only if it contains any
substantial question of law.
 The business and exercise of the powers of the High Court of Bombay are
regulated by the provisions contained in the Bombay High Court Act, 1958
and the Rules of the High Court of Bombay, 1971.
 The High Court has Original, Appellate as well as Revisional jurisdiction in
both civil as well as criminal matters apart from the power to answer
reference under certain statutes.

APPENDIX
Writ Petition
 BEFORE THE HON'BLE HIGH COURT OF
BOMBAY AT ERNAKULAM

W.P. (C) No of 2012

PETITIONER:

M.B.Jagalsan, aged 32 years,S/o.Bahuleyan,

Maniyalthazhathu House, Poovathussery PO,
Annamanada, Thrissur Dt., Pin-680741.
Working as Site in Charge & Supervisor,
Candela Engineering Corporation,
Door No.III/246, Maniyattu Building,
Kuruppampady PO., Perumbavoor-683545.
Vs.

RESPONDENTS:

1. State of Bombay Represented by

The Director General of Police, Thiruvananthapuram
2. The Circle Inspector of Police
Njarakkal
 3. Sub Inspector of Police,
Njarakkal Police Station, Njarakkal PO, Ernakulam.
4. Anilkumar, aged about 37 years,S/O.Balan Thaivelikkakathu
House,

WRIT PETITION FILED UNDER ARTICLE

226 OF THE CONSTITUTION OF INDIA
Address for service of notices etc., to the petitioner is that
of his councels, P.S. Anishad, Limna Bhaskaran, & T.N. Kripal
Advocates, M/S EX-LEGE , 3rd floor, Vattolly Complex,
Kombara jn, Market road (north), Ernakulam, 682018. And
Address for service of the summons and all process to the
respondents are as shown above.

STATEMENT OF FACTS

1. Petitioner is a Permanent resident of Poovathussery, Poovathussery

PO, Annamanada, Thrissur district Working as Site in-Charge &

Supervisor. The petitioner is authorized by the Candela

Engineering Corporation,Door No.III/246, Maniyattu Building,

Kuruppampady P.O., Perumbavoor for signing all the legal

 documents, other documents and material pass for the successful

completion of the assigned work of the aforesaid company. The 4th

Respondent is the local leader of trade union of BMS in that

locality. A true photocopy of the Authorisation Letter issued by

Company is produced herewith and marked as Exhibit P1.

2. It is respectfully submitted that, the company of the petitioner

obtained a sub-contract work for Pile foundation and Erection of 3

Nos., 30 Mtr. High Mast and Earthing of High Mast of 4 Nos. at

Bharath Petroleum Corporation Ltd. STF Puthuvypeen from Bajaj

Electrical Limited,CRL House, 42/1107, Tata oil mills road,

Ernakulam as per PO Number: 117643 on 22-08-2012. The

company of the petitioner is a registered private company as Reg.

No1318/2012, which is engaged in Engineering and construction

works. A true photocopy of the Agreement in between petitioner’s

company and Bajaj Electrical Ltd., is produced herewith and

marked as Exhibit P2.

3. It is respectfully submitted that, on the basis of Exhibit P2, the

Petitioner has started discussion with trade unions for availing of

 labours for aforesaid works. After many discussions the trade

union leaders agreed to avail labours on the base of existing

memorandum of settlement, which signed in between CINDA

Engineering & Construction Pvt. Ltd. and Trade union leaders. A

true photocopy of the Memorandum of Settlement in between

Cinda Engineering & Construction Pvt. Ltd. and Trade union

leaders is produced herewith and marked as Exhibit P3. After the

settlement of labours problem, labours and company employees,

who is engaged in the work at STF area, Puthuvypeen, attended the

safety class which is compulsory conducted by the safety officers

of BPCL and took the police clearance certificate for the each

labours.

4. It is respectfully submitted that, after the completion of prescribed

rules and regulation, the petitioner has started the Piling work on

19-11-2012. While the progress of the work on 25-11-2012,

Respondent No.4, who is the local leader of trade union of BMS in

that locality and his henchman, approached the Petitioner

obstructed the work and compelled to engage more labours and

demanded much more wages for their labours apart from the

agreed memorandum of settlement. Not only that without any

basis, the Respondents No. 4 and his henchman, who never did any

work in prescribed site or any other place with petitioner’s

company, have demanded same amount of wage of the 4 th

Respondent’s labours per day, for each of them. When the

Petitioner questioned this the reply was that this is the Bombay

Style Trade Unionism. They told the Petitioner that being the

leaders of the workers, they are entitled for that amount, and that it

is better to give them the amount for the smooth functioning of the

works. As a result the petitioner was ready to engage their men in

the construction works without any more wages other than the

memorandum of settlement. But the labours of other trade unions

denied the engagement of BMS trade union labours out of the ratio

of the settlement. By this illegal interference and threatening of the

4th Respondent and his henchman, the work of the petitioner is

blocked.
5. It is respectfully submitted that, this has caused enmity to the

Respondents No. 4 and his henchman’s towards the Petitioner.

From that day onwards, they have started to harass the Petitioner

by way of obstructing the construction activities. The Respondents

No. 4 along with his henchmen came before the Petitioner and his

company staff and told that they shall never permit any one to

work peacefully. When the Petitioner try to compromise the

problem and harassment, the 4th Respondent shouted at the

Petitioner by using nasty abusive language. The henchman of the

Respondent No.4 had even tried to manhandle the Petitioner.

While going from there, the 4th Respondent told that if the

Petitioner ousts his workers, then they shall not spare any one from

his family, to live peacefully in that home. Not only that, the said

Respondents No. 4 had told that their men shall obstruct the

construction work in their site, at any cost. They had also

threatened that if anyone from the locality worked with the

Petitioner, they will finish them off. By fearing of this threat, many
 of the routine workers of other trade union, including skilled

workers, have now stopped to come, to the site.

6. It is respectfully submitted that, by the aforesaid reasons the

petitioner losing more than ten thousand of rupees as wage of

company employees and rent of the machineries. Not only that the

agreement between the company and Bajaj Electricals Ltd. is to

complete the work within a period of 90 days from the date of

agreement. After the specified period of 90 days the petitioner’s

company is losing the money as prescribed in the agreement. By

this time, the Petitioner preferred a complained to the 3rd

Respondent and copy of the petition forwarded to the 2 nd

Respondent and requested the Police Protection. But the 3 rd

Respondent told that they can not provide protection, because it is

a labour dispute. Petitioner has tried his level best for getting the

police protection as there is no matter of right for the Respondents

No.4 or their henchmen to obstruct the construction works of the

Petitioner. But the said officer denied the request and told that the

police cannot interfere in the matter without the direction of this

 Hon'ble Court. A true photocopy of the complaint preferred before

the 3rd Respondent, is produced herewith and marked as Exhibit

P4.

Under these circumstances, left with no other efficacious or

alternative remedy than to approach this Hon'ble court, for the

redressal of grievances, the petitioners most humbly prefer this

writ petition under Art. 226 of the Constitution of India with

following among other

GROUNDS

A. The reluctance of the Respondents No.3 to afford adequate

sufficient Police protection for the construction work by the

petitioner is unjust, unfair, unreasonable, irregular, improper, and

illegal.
B. Petitioner has a legal right to pray for Police protection from the

Respondents No. 4 and their henchmen. In the absence of any

prohibitory orders, nothing is prevented a Policeman to provide

protection for the construction work as per the agreement in the

work site as it is the bounden duty of the Police to provide

protection to the life of an individual.

C. It is the statutory duty of the Police to safe guard the life and

properties of the petitioner. They have a duty to act fairly and

independently. They are sufficiently empowered to exercise their

power for the benefit of those who have that right. If they are not

exercising the powers vested with them, even after repeated

demand, it shall be tantamount to culpable breach of duty.

D. The urgent intervention of this Hon'ble Court by invoking the wide

powers under Art.226 of the Constitution of India is highly

inevitable in this case, unless irreparable injuries and hardship may

be caused to the poor petitioner.

Having regards to the above mentioned grounds mentioned in the

memorandum of Writ Petition and also such other grounds that may be

urged at the time of hearing, this Hon'ble Court may be pleased to

i. Issue a writ of mandamus or any other writ directing the

respondent No2 and 3 to afford sufficient and adequate Police

protection to the Petitioner and his workers in nexus with the

construction work site of the Petitioner at BPCL STF

Puthuvypeen.

ii. Pass such any other order, direction or reliefs as this Hon'ble Court

may deem fit in the interest of justice, equity and good

conscience.

Dated this the 27th day of November, 2012

Petitioner
P.S.ANISHAD
COUNSEL FOR THE PETITIONER.
 INTERIM RELIEF SOUGHT FOR:-

For the reason state in the memorandum of Writ Petition and

accompanying affidavit, it is most respectfully prayed that this
Hon'ble Court may be pleased to grand interim direction to the
Respondents No 2 and 3 to provide police protection for the
completion of the construction work as per the agreement and
maintain the status quo pending final disposal of this Writ Petition, in
the interest of justice, equity and good conscience.

Dated this the 27th day of November, 2012

P.S.ANISHAD
Counsel for the petitioner
 BEFORE THE HON'BLE HIGH COURT OF
BOMBAY AT ERNAKULAM

W.P. (C) No of 2012

Jagalsan.M.B : Petitioner.

Vs.

State of Bombay & Ors : Respondents.

AFFIDAVIT

I, Jagalsan.M.B, aged 32 years, S/o. Bahuleyan, Residing at

Maniyalthazhathu House, Poovathussery PO,Annamanada, Thrissur Dt.,
Pin-680741.Now Working as Site in Charge & Supervisor, Candela
Engineering Corporation, Door No.III/246, Maniyattu
Building,Kuruppampady PO., Perumbavoor-683545, do hereby
solemnly affirm and state as follows:-

1. I am the petitioner in the above writ petition. I know the facts and

circumstances of the case and I am competent to swear this affidavit.

2. The exhibits produced along with the writ petition are the true

copies of the original documents.

3. I have not filed earlier petitions seeking similar reliefs in respect of

the subject matter of this Writ petition.

All the above stated facts are true to the best of my knowledge,

information and belief.

Dated this the 27th day of November, 2012

DEPONENT

Solemnly affirmed and signed by the Deponent before me this the 27 th

day of November, 2012, in my office at Ernakulam.

ADVOCATE