Kerala High Court Act, 1958
No: 5 Dated: Feb, 14 1959
Kerala High Court Act, 1958
(Act No. 5 of 1959)
An Act to make provision regulating the business and the exercise of the powers of the High Court of the State of Kerala
Preamble :-Whereas it is expedient to make provision regulating the business and the exercise of the powers of the High Court of the State of Kerala.
Be it enacted in the Ninth Year of the Republic of India as follows:--
1. Short title and commencement. - (1) This Act may be called the Kerala High Court Act, 1958.
(2) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.
2. Definition. - In this Act, "High Court" means the High Court of the State of Kerala.
3. Powers of Single Judge. - The powers of the High Court in relation to the following matters may be exercised by a Single Judge, provided that the Judge before whom the matter is posted for hearing may adjourn it for being heard and determined by a Bench of two judges:-
(1) Determining in which of several courts having jurisdiction a suit shall be heard.
(2) Admission of an appeal in forma pauperis
(3) Exercise or original jurisdiction under any law for the time being in force.
(4) Exercise of the powers under section 115 of the Code of Civil Procedure, 1908 and under section 22 of the Kerala Small Cause Courts Act, 1957.
(5) Any matter of an interlocutory character in appeals and other proceedings.
(6) Admission of an appeal presented after the expiry of the period allowed by the law of limitation.
(7) Admission of an appeal from the judgement or order of any criminal court.
(8) Exercise of the power to revise the proceedings of any criminal court;
Provided that in the exercise of such power a Single Judge shall not impose a sentence of death or imprisonment for life.
(9) Exercise of the powers conferred by sections 426 and 498 of the Code of Criminal Procedure, 1898.
(10) Exercise of powers under -
(i) section 24 of the Code of Civil Procedure, 1908;
(ii) section 526 and section 526A of the Code of Criminal procedure, 1898;
(iii) clause (1) of article 226 of the Constitution of India except where such power relates to the issue of a writ of the nature of habeas corpus; and
(iv) article 227 and 228 of the Constitution of India.
(11) Exercise of the power under sub-section (2) of section 19 of the Kerala Civil Courts Act, 1957.
(12) A report under section 438 of the Code of Criminal Procedure, 1898.
(13) An appeal -
(a) from a judgement or order of a criminal court, except in cases in which the appellant or a person tried with him has been sentenced to death or imprisonment for life; Provided that in the exercise of such power a Single Judge shall not impose a sentence of death or imprisonment for life;
(b) from an original decree or order in any suit or other proceeding, where the amount or value of the subject-matter of the suit or other proceeding does not exceed forty lakh rupees.
(c) from an original decree when such appeal relates to costs only;
(d) from an order under section 104 of the Code of Civil Procedure, 1908, except an order of the kind mentioned in clause (h) of sub-section (1) of the said section or in clauses(c) , (d) or (j) of Rule 1 of Order XLIII of the First Schedule to the said Code;
(e) from an appellate decree or order;
(f) under section 79 (3) of the Insolvency Act, 1955; and
(g) under section 476 B of the Code of Criminal Procedure, 1898.
(h) from an award passed by the Motor Accidents Claims Tribunal.