Bare Act Search Results

Kerala High Court Act, 1958 Complete Act

Title: Kerala High Court Act, 1958

State: Central

Year: 1958

Preamble1 - KERALA HIGH COURT ACT, 1958 Section1 - Short title and commencement Section2 - Definition Section3 - Powers of single Judge Section4 - Powers of a Bench of two Judges Section5 - Appeal from judgment or order of single Judge Section6 - Cases to be heard by Full Bench under direction by Chief Justice Section7 - Procedure on reference to Full Bench Section8 - Powers of Vacation Judge Section9 - Repeal

Kerala High Court Act, 1958 Preamble 1

Title: Kerala High Court Act, 1958

State: Central

Year: 1958

KERALA HIGH COURT ACT, 1958 [ACT, No. 5 of 1959] [6th February, 1959] PREAMBLE An Act to make provision regulating the business and the exercise of the powers of the High Court of the State of Kerala. 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:--

The Kerala High Court Act, 1958[1] Complete Act

State: Kerala

Year: 1958

.....on the appellant or on a person tried with him. (3) A reference- (a) under section 113 of the Code of Civil Procedure, 1908; (b) under section 307, section 374 or section 432 of the Code of Criminal Procedure, 1898. (4) An application under Rule 2 of order XLV of the First Schedule to the Code of Civil Procedure, 1908. (5) An application for the exercise of the powers conferred by section 491 of the Code of Criminal Procedure, 1898 or by clause (1) of article 226 of the Constitution of India where such power relates to the issue of a writ of the nature of hebeas corpus. (6) An appeal from any original judgement, order or decree passed by a Single Judge. (7) All matters not expressly provide for in this Act or in any other law for the time being in force. [4]["5. Appeal from Judgement or order of Single Judge. An appeal shall lie to a Bench of two judges from-- (i) a judgement or order of a Single Judge in the exercise of original jurisdiction; or (ii) a judgement of a Single Judge in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of original jurisdiction by a subordinate court; [5][**********] .....

Kerala High Court Act, 1958 Section 8

Title: Powers of Vacation Judge

State: Central

Year: 1958

(1) During the adjournment of the High Court the Chief Justice shall nominate a single Judge of the High Court for the hearing of all matters which require to be immediately or promptly dealt with and such Judge shall have all the powers of the High Court, except in cases in which such power must be exercised under the provisions of any law by more than one Judge. (2) It shall be competent for the Chief Justice during any such adjournment of the High Court to constitute a Bench of two Judges or a Full Bench for the hearing of any case.

Kerala High Court Act, 1958 Section 2

Title: Definition

State: Central

Year: 1958

In this Act, "High Court" means the High Court of the State of Kerala.

Kerala High Court Act, 1958 Section 4

Title: Powers of a Bench of Two Judges

State: Central

Year: 1958

.....except those coming under section 3; (b) from the judgment of a Criminal Court in which a sentence of death or imprisonment for life has been passed on the appellant or on a person tried with him. (3) A reference-- (a) under section 113 of the Code of Civil Procedure, 1908-; (b) under section 307, section 374 or section 432 of the Code of Criminal Procedure,1898. (4) An application under Rule 2 of Order XLV of the First Schedule to the Code of Civil Procedure, 1908. (5) An application for the exercise of the powers conferred by section 491 of the Code of Criminal Procedure, 1898 or by clause (1) of article 226 of the Constitution of India where such power relates to the issue of a writ of the nature of habeas corpus. (6) An appeal from any original judgment, order or decree passed by a single Judge (7) All matters not expressly provided for in this Act or in any other law for the time being in force.

Kerala High Court Act, 1958 Section 1

Title: Short Title and Commencement

State: Central

Year: 1958

(1) This Act may be called the Kerala High Court Act, 1958. (2) It shall come into force on such date1as the Government may, by notification in the Gazette, appoint. ________________________ 1. The Act came into force on 09.03.1959 vide Kerala Gazette Extraordinary, dated 27.02.1959.

Kerala High Court Act, 1958 Section 3

Title: Powers of Single Judge

State: Central

Year: 1958

.....a sentence of death or imprisonment for life; 1[(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 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 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 I 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 476B of the Code of Criminal Procedure, 1898. ________________________ 1. Substituted by Act 6 of 1966, w.e.f 01.01.1967.

Kerala High Court Act, 1958 Section 9

Title: Repeal

State: Central

Year: 1958

The provisions of the Travancore Cochin High Court Act, 1125 (5 of 1125) in so far as they relate to matters provided in this Act, shall stand repealed.

Kerala High Court Act, 1958 Section 5

Title: Appeal from Judgment or Order of Single Judge

State: Central

Year: 1958

An appeal shall lie to a Bench of two Judges from-- (i) a judgment or order of a single Judge in exercise of original jurisdiction; or (ii) a judgment of a single Judge in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of original jurisdiction by a subordinate court; or (iii) a judgment of a single Judge in the exercise of appellate jurisdiction in respect of the decree or order made in the exercise of appellate jurisdiction by a subordinate court, if the Judge who passed such judgment certifies that the case is fit case for appeal.