Bare ActsThe Kerala High Court Act, 1958 (No.5 of 1959)

Section 3

Amendment status not verified — confirm the current text below against the official source.

Powers of Smglc Judge:-The powers of the High Court in re· lation 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 JUris- A__ diction a suit shall be heard. (2) Admission of an appeal w for m,l paupe' t·. (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, 195'7. (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: • Rece1ved the assent of the President on 6th February, 1959 and published in the Gaz~:tte Extraordinary dated 14th February 1959. 41 Provided that in the exercise of s\.!ch power a Single jud!!;e shall not impose a sentence of death or imprisonment for hfe. (9) Exerci~e of the powers conferred by sections 426 and 498 of the Code of Criminal Proc~dure, 1893. (10) Exercise of the powers under-- (i) section 24 of the Code of C1vil Procedure, 1908; (11) section 526 and sectivn 526A of the Code of Criminal Procedure, 1898; (iii) clau~e (1) of article 226 of the Constitution of India except where such power relates to the issue of a writ of the nature of habl'as co1 P:ts, and (iv) articles 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 Pro- cedure, 18~8 (13) An appeal- (a) from a JUdgement or order of a cnamnal 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, where the amount or value of the subject-matter of the suit does not exceed ten thousand 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 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 XLill 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 Prose. dure, I8gs.

Section 3 – The Kerala High Court Act, 1958 (No.5 of 1959) | DailyLaw.ai