A Complete Guide to the Bombay High Court: History, Important Judgements and Insights

Introduction of Bombay High Court

The Bombay High Court is one of the oldest High Courts in India, established on August 14, 1862. It is the highest judicial authority in the state of Maharashtra and Goa, and it has jurisdiction over the Union Territories of Dadra and Nagar Haveli and Daman and Diu.

1. Key Facts About Bombay High Court:

• Location: Mumbai, Maharashtra

• Bench Jurisdiction: Also has benches in Nagpur, Aurangabad, and Panaji (Goa)

• Chief Justice: Appointed by the President of India

• Language of Proceedings: English

• Authority: Exercises jurisdiction over civil, criminal, and constitutional matters in Maharashtra and Goa.

2. Functions & Powers:

1. Appellate Authority: Hears appeals from lower courts and tribunals.

2. Writ Jurisdiction: Can issue writs (such as habeas corpus, mandamus, certiorari, prohibition, and quo warranto) under Article 226 of the Indian Constitution.

3. Judicial Review: Ensures that laws and executive actions comply with the Constitution.

4. Supervisory Powers: Has authority over subordinate courts in its jurisdiction.

5. Public Interest Litigation (PIL): Accepts cases concerning public welfare and constitutional rights.

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3. History of Bombay High Court

Bombay  High Court was established in 1862 in Bombay(present-day Mumbai) under the Indian High Courts Act of 1861.Some of the landmark judgment of Bombay High court include various domains including fundamental rights, corporate law, and criminal justice. On August 14, 1862, the Supreme Court of Bombay and the Sadar Adalat (Court of Appeal) were superseded by the Bombay High Court. In British India, it was one of the three Chartered High Courts that were founded. The Bombay High Court remained the highest court in Maharashtra and Goa following India's independence in 1947. 

The Bombay High Court expanded its jurisdiction to include Goa in 1961 following the state's independence from Portuguese domination. The court has rendered significant rulings in fields like corporate law, constitutional law, and fundamental rights. 6. Today At the moment, the Bombay High Court has benches in Panaji (Goa), Nagpur, and Aurangabad. With a significant impact on the evolution of Indian law, it continues to be one of the country's busiest and most distinguished High Courts.

4. Landmark Judgments of the Bombay High Court

The Bombay High Court has delivered several historic judgments that have influenced Indian law and judicial precedents. Below are some of the most significant landmark judgments:

1. Bal Gangadhar Tilak Sedition Case (1897 & 1908)

• Bal Gangadhar Tilak, a freedom fighter, was charged with sedition under Section 124A of the IPC for his writings in the newspaper Kesari.

• He was convicted twice, first in 1897 and then in 1908, and sentenced to six years of imprisonment.

• This case set an important precedent for sedition laws in India.

• It highlighted the colonial misuse of laws to suppress freedom of speech, influencing later interpretations of Article 19(1)(a) of the Constitution.

2. Khushboo v. Kanniammal (2010) - Freedom of Expression

• Actress Khushboo made remarks on pre-marital sex, which led to several criminal complaints filed against her.

• The Bombay High Court ruled in favor of her right to free speech, dismissing the cases.

• Strengthened freedom of expression under Article 19(1)(a).

• Highlighted that moral policing cannot curtail individual rights.

3. Godrej & Boyce Manufacturing Co. Ltd. v. The State of Maharashtra (2019) - Environmental Protection

• The Maharashtra government acquired land from Godrej & Boyce for the Mumbai Metro project, affecting mangroves.

• The High Court ruled that mangroves are vital for the environment and cannot be destroyed.

• Established the "public trust doctrine", where natural resources belong to future generations.

• Strengthened environmental protection laws.

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4. Arnab Goswami v. State of Maharashtra (2020) - Personal Liberty & Bail

• Journalist Arnab Goswami was arrested in an abetment to suicide case.

• The Bombay High Court ruled that bail should not be denied as a form of punishment.

• Strengthened personal liberty and bail laws.

• The judgment reinforced the Supreme Court's view that bail should be the rule, and jail should be the exception.

5. Navtej Singh Johar v. Union of India (2018) - LGBTQ+ Rights (Related Case)

• While the Supreme Court decriminalized Section 377 IPC (LGBTQ+ rights), the Bombay High Court had previously ruled in favor of transgender rights.

• It held that discrimination against LGBTQ+ individuals violates Article 14 (Equality).

• Helped shape LGBTQ+ rights and anti-discrimination laws in India.

6. Ratan Tata v. Nira Radia & Others (2017) - Right to Privacy

• Ratan Tata filed a case against unauthorized public release of his private conversations (Radia tapes).

• The court upheld his right to privacy.

• Strengthened privacy laws in India, later influencing the Supreme Court's decision in K.S. Puttaswamy v. Union of India (2017).

The Bombay High Court has played a major role in shaping constitutional law, fundamental rights, environmental protection, and personal liberty in India. Its judgments have often influenced Supreme Court rulings and national legal policies.

List of Chief Justice Post-Independence

1.		Sir Leonard Stone	1947	1948
2.		Mahommedali Currim Chagla	1948	1958
3.		Hashmatrai Khubchand Chainani	1958	1965
4.		Yeshwant Shripad Tambe	1965	4 February 1966
			5 February 1966	31 July 1966
5.		Sohrab Peshotan Kotval	1 August 1966	26 September 1972
6.		K. Kalyandas Desai	27 September 1972	26 October 1972
7.		Ramanlal Maneklal Kantawala	27 October 1972	5 October 1978
8.		B. N. Deshmukh	6 October 1978	18 November 1980
9.		Venkat Shrinivas Deshpande	19 November 1980	11 January 1981
			12 January 1981	11 August 1982
10.		Dinshah Pirosha Madon	12 August 1982	30 August 1982
			31 August 1982	14 March 1983
11.		Madhukar Narhar Chandurkar	15 March 1983	14 March 1984
12.		Konda Madhava Reddy	8 April 1984	21 October 1985
13.		Madhukar Hiralal Kania	23 June 1986	1 May 1987
14.		Chittatosh Mookerjee	2 November 1987	31 December 1990
15.		Prabodh Dinkarrao Desai	7 January 1991	13 December 1992
16.		Prabodh Dinkarrao Desai	9 January 1993	14 December 1993
17.		Sujata Manohar	15 January 1994	7 November 1994
18.		Anandamoy Bhattacharjee	21 April 1994	1 April 1995
19.		Manharlal Bhikhalal Shah	2 August 1995	9 December 1998
20.		Yogesh Kumar Sabharwal	3 February 1999	28 January 2000
21.		Bisheshwar Prasad Singh	31 March 2000	14 December 2001
22.		Chunilal Karsandas Thakker	31 December 2001	7 June 2004
23.		Dalveer Bhandari	25 July 2004	27 October 2005
24.		Kshitij R. Vyas	25 February 2006	18 July 2006
25.		Harjit Singh Bedi	3 October 2006	12 January 2007
26.		Swatanter Kumar	31 March 2007	30 December 2009
27.		Anil Ramesh Dave	11 February 2010	29 April 2010
28.		Mohit Shantilal Shah	26 June 2010	8 September 2015
29.		Dhirendra Hiralal Waghela	15 February 2016	10 August 2016
30.		Manjula Chellur	22 August 2016	4 December 2017
31.		Vijaya Tahilramani	5 December 2017	12 August 2018
32.		Naresh Harishchandra Patil	13 August 2018	28 October 2018
			29 October 2018	6 April 2019
33.		Pradeep Nandrajog	7 April 2019	23 February 2020