Chief Metropolitan Magistrate (CMM)
The Chief Metropolitan Magistrate's courts : The Presidency Magistrate's Courts were established in the year 1810 also known as Police Courts. On coming into force Code of Criminal Procedure Code, 1973 ( 2 of 1974 ) 01st April 1974 , these Courts are known as The Chief Metropolitan Magistrates Courts, Mumbai.
The Magnificent Court building for Chief Metropolitan Magistrate Courts has great Archaeological importance. It was carved out under the superintendence of Khan Bahadur Muncherjee Cowasjee Murzaban Associ.M.Inst. C.E. Executive Engineer Presidency. The work of the building was Commenced on 03rd December 1884 and Completed on 31st December 1888 with estimated Cost of Rs. 3,87,361/- , Actual Cost of Rs. 3,73,694/-.
The Hon'ble Mr. C. P. Cooper (Bar-at-Law) was the first Presidency Magistrate. He presided over as Chief Presidency Magistrate from year 1878 - 1895.
The Hon'ble Shri. M. M. Dhruv. (M.A.,L.L.B.) was the First Chief Metropolitan Magistrate. He presided over for the period of 5 years i.e. from year 1972 - 1977
Presently the sanctioned strength of courts of Metropolitan Magistrates is 75. These courts are housed in 16 Court Complexes (Centre) namely
1) Esplanade,
2) Mazgaon (Presently camped at Sewree),
3) Girgaon,
4) Dadar,
5) Andheri,
6) Bandra,
7) Borivali,
8) Kurla,
9) Vikhroli,
10) Mulund,
11) Ballard Pier,
12) C.S.T.,
13) Mumbai Central Court ( M.C.T. ),
14) Vileparle,
15) Shindewadi, and
16) Juvenile Court-Umarkhadi.
City civil/district court
In 1728, under a Royal Charter, the Court of Oyer and Terminer and Jail (Gaol) delivery, came to be established in Bombay. The Court was composed of the Governor and some members of his Council, who as justices of the Peace, had jurisdiction to try all offences except high treason.
In 1798, the Recorder's Court with powers to exercise Civil and Criminal Jurisdiction, was created. In 1824, the Recorder's Court was replaced by the Supreme Court with jurisdiction confined to the town and island of Bombay. At about the same time, Diwani Adalat and Sudder Fozdari Adalat were established having superior Civil and Criminal Jurisdiction respectively over the other territories in the Presidency of Bombay. In 1861, the Indian High Courts Act passed by the British Parliament, the Supreme Court and Diwani and Fozdari Adalats, were abolished and on 26th June, 1862, letters patent were issued, establishing the High Court at Bombay.
The Old Secretariat Building (In which City Civil And Sessions Court is housed) was designed and built by architect Col.Henry St. Clair Wilkins and planner Sir Henry Bartle Edward Frere during 1865-74 . It is described as a building in the Venetian Gothic style. The Old Secretariat is one of the ancient structures in Mumbai located on the eastern side of the Oval ground. Comprising of a tall tower on a central staircase . The structure has arcaded verandahs and some fine stone carvings. It is designated as a Grade II A heritage structure.
Each year, five Sessions trial were held in the High Court. Some very famous trials including the Lokmanya Tilak trials were held here. The last Criminal Session of the High Court presided over by the Hon'ble Mr. Justice, Late R. A. Jahagirdar, commenced on 30th June, 1948 and was dissolved on 2nd July, 1948.
Simultaneously, with the enactment of the Bombay City Civil Court Act 1948 (XL of 1948), the Court of Session for Greater Bombay, came into existence. The Sessions Court was established under the powers given to the State Government by section 9 of the Criminal Procedure Code. The Sessions Court started functioning from 16th August 1948. The sessions Court for Greater Bombay, exercised the same powers as were exercised by the High Court in Session trials in respect of jury verdict. These provisions conferred on the Court of Sessions by Bombay Act 32 of 1948, were withdrawn by Bombay Act 6 of 1952 and the Sessions Court of Greater Bombay, was brought on par with Sessions Courts in the mofussils.
In a murder-trial, subsequently to the enactment of Act 6 of 1952, where the jury returned a divided verdict of 5 to 4 not quality the Addln. Sessions Judge agreed with the majority verdict of 'not guilty' and acquitted the accused. Prior to the enactment of Act 6 of 1952, the Judge had no option but to order a retrial in case of a divided verdict.
Though the Court of Sessions for Greater Bombay was shorn of the pomp and splendor of Sessions Trials held in the Majestic Sessions Hall of the High Court, the practice and procedure followed by the Sessions Court was not any different from that followed in High Court Sessions Trial. Trial by jury which was in vogue since long in the High Court and continued till the year 1948, was thereafter continued in the Court of Sessions for Greater Bombay.
In 1956, after the enactment of the Criminal Procedure Amendment Act, it was open to the High Court to dispense with jury trial if the case was likely to take up a very long time before the Sessions Court.
One of the first cases tried without jury, at the directions of the High Court, was sometime in the beginning of 1957. The case which went on for nearly three and a half months before the then Addl. Sessions Judge, B. J. Diwan (later chief Justice of Gujarat), Several important cases attracting wide media publicity, were tried in the Court of Sessions. The Lloyds Bank Dacoity case, the Kasab Case, Telgi case, the Nadkarni Murder Case or the Kishori Trial, the Chunawalla Murder Case and Comm. Nanavati case, are some of the notable ones. The trial of Comm. Nanavati probably was the last trial by jury. The Nanavati case had all the ingredients of a thriller-sex, murder, intrigue and revenge. The case generated tremendous publicity and heat and Comm. Nanavati received a lot of sympathy. The verdict was melodramatic. The jury's verdict 'not guilty' was greeted with a loud roar of approval.
However, the Trial Judge declared the verdict perverse and referred the matter to the High Court. The High Court sentenced the accused. This led to a louder roar of protest, The Learned Trial Judge had to be taken home that night under police escort. Shortly, thereafter, trial by jury came to be discontinued in the court of Sessions.
During the time, Criminal Cases were tried by the High Court at Bombay, the High Court every year held five sessions. Under the Rules for the Court of Sessions framed by the Hon'ble High Court, the Court was required to hold Sessions every year, commencing on the dates on which the Court reopened for the X' mas holidays, the Summer Vacation and the October Vacation. However, under the present procedure, the Sessions courts continue to function even during the X' mas holidays, the Summer Vacation and the October Vacation. This has become necessary in view of the large backlog of Sessions Cases and the fact that a large number of accused persons are kept in judicial custody pending trial. During the Vacations, the Sessions Court only try cases where the accused are in custody.
Today the Sessions Court is not merely concerned with the trial of Criminal Cases. With effect from 1st April 1974 ( the date on which the Criminal Procedure Code of 1973 came into forece), appeals from orders of the Presidency Magistrates ( now Metropolitan Magistrates) which lay with the High Court, now lie with the Sessions Court for Greater Bombay, except appeals against conviction and sentence of imprisonment for a period of 7 years and above. Initially, the Courts numbering 4 were located in the High Court Annexe Building and in 1967, the courts were shifted to the Old Secretariat Building where the same are presently housed. In 1972, new annexe building was constructed. In or about the year, 1985, the major part of the Old Secretariat Building was made available to this Court by removing the Office of Inspector General of Police. Fast track Court was established at Sewree in 2003. Considering the increase in number of cases from the suburbs of Mumbai, the Dindoshi branch of Bombay City Civil and Sessions Court commenced in 2007.
The earlier precuniary jurisdiction of City Civil Court granted was Rs.10,000/- In 1950, it was raised to Rs. 25,000/- , In 1977, it was raised to Rs. 50,000/-. In September 2012, it was enhanced to Rs. 1,00,00,000/-.
The current territorial jurisdiction of Bombay City Civil & Sessions Court, Fort is from Colaba to Mahim, Colaba to Mulund and Dindoshi Branch is from Bandra to Dahisar. Cases under various special acts such as MCOCA, TADA, NDPS, CBI, SUSCA, POCSOA, SARFESI MPID, SC/ST are tried in Bombay City Civil & Sessions Court.
Small causes court
HISTORY AND INFORMATION OF COURT OF SMALL CAUSES, MUMBAI
1) Court of Small Causes, Mumbai :- The Court of Small Causes, Mumbai has been established under the provisions of the Presidency Small Causes Courts Act, 1882. The procedure of this Court is governed by the provisions of the Presidency Small Causes Courts Act, 1882, Civil Manual, 1986 and the Code of Civil Procedure, 1908, as it is applicable to this Court by the rules framed by the Hon'ble High Court under the said Act.
2) The sanctioned strength of the Judicial Officers of the Court of Small Causes, Mumbai is 44, which includes the Chief Judge, 10 Additional Chief Judges and 33 Judges. However, the working strength as on 01st January, 2014 is 39, which includes 6 Additional Chief Judges and 33 Judges.
3) The “Head of the Administration” of this Court is the “Chief Judge”. As per the provisions of Section 13 of the Presidency of Small Causes Courts, Act, 1882, the “Registrar” is the “Chief Ministerial Officer” of this Court. Besides, there are 4 Additional Registrars on the establishment of this Court. The Registrar and Additional Registrars to look after the Administrative Side. The Registrar is also empowered to hear and dispose off undefended suits and interlocutory applications and matters under section 9(i) (aa) of the Presidency Small Causes Court Act, 1882. He also exercise Judicial Powers like Judge under Sections 14, 33, 34, 35, 53, and 61 of the Presidency Small Causes Court Act, 1882. The Registrar also dealt with Rent Act matters up to the stage of filing of Written Statement by the Defendant/s. The Chief Judge of this Court is Controlling Officer, whereas, Registrar is Drawing and Disbursing Officer of this Court. The Registrar, Court of Small Causes, Mumbai is the Public Information Officer and the Additional Chief Judge, Court of Small Causes, Mumbai is the First Appellate Authority, as per the provisions of The Maharashtra District Court Right to Information (Revised Rules), 2009 framed by the Hon'ble High Court under Right to Information Act, 2005.
4) Powers exercised by the Judges of the Small Causes Court at Mumbai : The Judges are empowered to hear and dispose off the money suits, wherein, the claims does not exceed Rs. 10,000 subject to exception laid down under Section 19 of the Presidency Small Causes Courts Act, 1882. The said Pecuniary Jurisdiction of Rs. 10,000/- has been enhanced to Rs. 25,000/- by the Government of Maharashtra, vide Maharashtra Act. No. XV of 1987. However, the said Act of enhancement of Pecuniary Jurisdiction of Bombay City Civil Court and Court of Small Causes, Bombay has not been implemented till today. They are also empowered to hear and dispose off suits under Section 41 of the said Act. As per the provision of Section 38 of the Presidency Small Causes Court Act, 1882, the Full Court Applications are heard by a Bench consisting of two Judges of this Court. The Bench consisting of two Judges also hears the Appeals and Revision Applications under Section 42 of the Presidency Small Causes Courts, Act, 1882.
5) The Court of Small Causes, Mumbai has exclusive Jurisdiction under Section 28 of the Bombay Rents, Hotel and Lodgings House Rates Control Act, 1947 irrespective of value of the subject matter and as such, hears all the suits under the said Act in Greater Mumbai. An Appeal/Revision from a decision of a Judge under the Bombay Rent Control Act, 1947 is heard by a Bench consisting of the two Judges under Section 29 of the Mumbai Rents, Hotel and Lodgings House Rates Control Act, 1947. The Court of Small Causes, Mumbai hears all applications under Section 11 of Bombay Rent Control Act for the fixation of the Standard Rent and all application under Section 24 for restoration of Essential Service or supply. This Court has also exclusive jurisdiction in the matters under the Maharashtra Rent Control Act-1999 which came into force with effect from 31 March, 2000.
6) (a) Appeals and proceedings under Sections 217,218_A, 218_B, 218_C and 394(5) of the Bombay Municipal Corporation Act, 1888 are heard by the Chief Judge or any of the Additional Chief Judge. The applications under Sections 503, 504 and 507 are also heard by the Chief Judge or any of the Additional Chief Judge. Similarly, the Election Petitions under Section 33 of the said Act are heard and disposed off by the Chief Judge or any of the Additional Chief Judge. The Government, vide its Notification, Law and Judiciary Department, No.SSC-2964/2175-H, dated 3rd January, 1968 has empowered the Additional Chief Judge to exercise the powers and performed the duties of the Chief Judge.
(b) The Chief Judge is empowered to hear and dispose of applications, Anti Corruption matters under the provisions of Section 3 read with Section 4 of the Criminal Law (Amendment) Ordinance, 1944.
7) Appeals under the Payment of Wages Act, 1936 are heard by single Judge of this court.
8) The Court of Small Causes, Mumbai has also following Jurisdictions :-
(a) Section 12-A of the Maharashtra Ownership Flats (Regulations of the Promotion or Construction, Sale, Management and Transfer) Act, 1963.
(b) Section 23 of the Maharashtra Debt Relief Act 1975.
(c) Appeals under Section 42 of the Mumbai Rents, Hotel and Lodging House Rates Control Act, 1947, from an order passed by the Controller.
(d) The Judges of this Court have also exercised the powers to entertain and try the Applications under the Displaced Persons Act, 1954.
9) Head Office and Branch Office :
A) HEAD OFFICE : Head Office of this Court is situate in Old and New Annex Building, at Dhobi Talao, Lokmanya Tilak Marg, Mumbai – 400 002. The Territorial Jurisdiction of Head Office is from Colaba to Mulund on Central Suburban Railway Side and upto Mankhurd on Harbour Railway Side and upto Mahim on Western Suburban Railway Side. There are 31 Court Halls, which includes 5 Appellate Benches, 26 Trial Courts including 1 Registrar's Court. Appellate Bench, Court Room No.2 is a Special Court for Matters of Bonafied Requirements. Court Room Nos. 10 and 16 are designated as “Special Courts” for Matters of Bonafied Requirement. Court Room Nos. 11 and 12 are special Courts for fixation of Standard Rent and these Courts are designated as “Standard Rent Court”. Court Room No. 18 and 30 are Special Courts for matter filed under the provisions of Bombay Municipal Corporation Act, 1888 and the said Courts are designated as “B.M.C. Courts”. Court Room Nos. 19 and 23 are designated as “Special Court” for matter filed U/s.41 of P.S.C.C., Act, where there is no
protection under the Rent Acts i.e. T.E. & T.E.R. Suits. Court Room No. 21 is designated as Special Court for trying Money Suits i.e. Summary Suit and Regular Suit etc. Court Room No. 24 is designated as “B.P.T.Court” for matter filed by or against the Bombay Port Trust. At present, Appellate Bench, Court Room No.5 and Trial Courts i.e. Court Room Nos. 24, 27, 28 and 29 are presently vacant.
B) BRANCH OFFICE : The Branch office of this Court is situate in Bhaskar Building, Anant Kanekar Marg, Bandra (East), Mumbai-400051. In the Bhaskar Building, 3rd floor to 8th floor are in use occupation and possession of this Court. The said Branch has been started functioning with effect from 6th August, 1990. The Territorial Jurisdiction of Bandra Branch is from Mahim to Dashisar on the Western Suburban Railway Side. There are 11 Courts at Bandra, out of which 2 Appellate Benches and remaining 9 Trial Courts including 1 Registrar's Court. Court Room No. 32 is designated as “Special Court” for trying matters filed under Bonafied Requirement under the provisions of the Rent Act and T.E. & T.E. & R Suits under the provisions of Section 41 of the Presidency Small Causes Court Act, 1882.
Family Court
The need to establish the Family Courts was first emphasized by late Smt Durga Bai Deshmukh after her visit to China in the year 1953, where she had the opportunity to study the working of Family Courts. She discussed the subject with Hon’ble Mr Justice M.C. Chagla of Bombay High Court and also Hon’ble Mr Justice P.B. Gajendragadkar, then the Judge, Bombay High Court. She also discussed the matter of setting up of the Family Courts with the then Prime Minister Pandit Jawahar Lal Nehru. Several women associations, welfare organizations and individuals also mounted pressure for setting-up of the Family Courts to provide a forum for speedy settlement of family relates disputes. The emphasis was on a non- adversarial method of resolving family disputes and promoting conciliation and securing speedy settlement of dispute relating to marriage and family affairs.
The Law Commission in its 59th report (1974) also recommended for setting-up of special courts where rules of procedure would be simpler. The Law Commission also emphasized that such courts may adopt and approach radical steps distinguished from the existing civil courts and that such courts should make reasonable efforts for settlement before commencement of the trial. In 1975, the ‘Committee on the Status of Women’ recommended that all matters concerning the ‘family’ be dealt with separately.
In 1984, the Family Courts Act was passed and it came into force on September 14, 1984. The objective was to take family and marital disputes away from the overcrowded intimidating and congested environment of traditional courts of law and bring them to congenial and sympathetic surroundings. The aim was ‘conciliation’ between the estranged family members and not ‘confrontation’.
Family Court Mumbai was established with effect from 7th October 1989.it began with 5 Courts initially and during May 1995 6th and 7th Court operations started.
Jurisdiction.
(1) Subject to the other provisions of this Act, a Family Court shall-
a. have and exercise all the jurisdiction exercisable by any district Court or any subordinate
Civil Court under any law for the time being in force in respect of suits and proceedings of
the nature referred to in the Explanation; and
b. be deemed, for the purposes of exercising such jurisdiction under such law, to be a
district Court or, as the case may be. such subordinate Civil Court for the area to which
the jurisdiction of the Family Court extends.
Explanation -The suits and proceedings referred to in this subsection are suits and proceedings
of the following nature, namely:
a. a suit or proceeding between the parties to a marriage for decree of a nullity marriage
(declaring the marriage to be null and void or, as the case may be, annulling the
marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage;
b. a suit or proceeding for a declaration as to the validity of a marriage or as to the
matrimonial status of any person;
c. a suit or proceeding between the parties to a marriage with respect to the property of the
parties or of either of them;
d. a suit or proceeding for an order or injunction in circumstances arising out of a marital
relationship;
e. a suit or proceeding for a declaration as to the legitimacy of any person;
f. a suit or proceeding for maintenance;
g. a suit or proceeding in relation to the guardianship of the person or the custody of, or
access to, any minor.
(2) Subject to the other provisions of this Act a Family Court shall also have and exercise;
a. the jurisdiction exercisable by a Magistrate of the first class under Chapter IX (relating to
order for maintenance of wife, children and parents) of the Code of Criminal Procedure,
1973 (2 of 1974); and
b. such other jurisdiction as may be conferred on it by any other enactment
Jurisdiction of Family Court
(1) Subject to the other provisions of this Act, a Family Court shall -
(a) Have and exercise all the jurisdictions exercisable by any district court of any subordinate civil court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the Explanation; and
(b) Be deemed, for the purposes of exercising such jurisdiction under such law, to be a district or, as the case may be, such subordinate civil court for the area to which the jurisdiction of the Family Courts extends.
Explanation. – The suits and proceedings referred to in this sub-section are suits and proceedings of the following nature, namely-
A suit or proceeding between the parties to a marriage for a decree of nullity of marriage ( declaring the marriage to be null and void or, as the case may be, annulling the marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage;
A suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person;
A suit or proceeding between the parties to a marriage with respect to the property to the parties or of either of them;
A suit or proceeding for an order or injunction in circumstances arising out of a marital relationship;
A suit or proceeding for a declaration as to the legitimacy of any person;
A suit or proceeding for maintenance;
A suit or proceeding in relation to the guardianship of the person or the custody or, or access to, any minor.
(2) Subject to the other provisions of this Act, a Family Court shall also have and exercise-
The jurisdiction exercisable by a Magistrate of the first class under Chapter IX (relating to an order for maintenance of wife, children and parents) of the code of Criminal Procedure, 1973 (2 of 1974); and
Such other jurisdiction as may be conferred on it by any other enactment.
Exclusion of jurisdiction and pending proceedings.-
Where a Family Court has been established for any area -
(a) No district court or any subordinate civil court referred to in sub-section (1) of Section 7 shall, in relation to such area, have or exercise jurisdiction in respect of any suit or proceeding of nature referred to in the Explanation to that sub-section;
(b) No Magistrate shall, in relation to such area, have or exercise any jurisdiction or powers under Chapter IX or the of the Code of Criminal Procedure, 1973 (2 of 1974);
(c) Every suit or proceeding of nature referred to in the Explanation to sub-section (1) of Section 7 and every proceeding under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974),-
(i) Which is pending immediately before the establishment of such Family Court before any district court of the subordinate court referred to in that subsection or, as the case may be, before any Magistrate under the said Code; and
(ii) Which would have been required to be instituted or taken before or by such Family court if, before the date on which such suit or proceeding was instituted or taken, this Act had come into force and such Family Court had been established, Shall stand transferred to such Family Court on the date on which it is established.
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