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High Court Act, 1961 Complete Act

Title: High Court Act, 1961

State: Karnataka

Year: 1961

Preamble 1 - KARNATAKA HIGH COURT ACT, 1961 Section 1 - Short title and commencement Section 2 - Definitions Section 3 - Registrar and Deputy Registrars Section 4 - Appeals from decisions of a single Judge of the High Court Section 5 - First appeals Section 6 - Second Appeals Section 7 - Reference to Full Bench Section 8 - Powers of single Judge to dispose of revision cases himself or refer the same to a Bench Section 9 - Other powers of a single Judge Section 10 - Other powers of a bench of two Judges Section 11 - High Court to keep registers Section 12 - Vacation Judge Section 13 - Act to apply to pending proceedings Section 14 - Repeal

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High Court Act, 1961 Preamble 1

Title: Karnataka High Court Act, 1961

State: Karnataka

Year: 1961

THE1[KARNATAKA] HIGH COURT ACT, 19612 [Act, No. 5 of 1962] [25th December, 1961] PREAMBLE An Act to make provision for regulating the business and the exercise of powers of the High Court of the1[State of Karnataka] in relation to the administration of justice and to provide for its jurisdiction. WHEREAS it is expedient to make provision for regulating the business and the exercise of powers of the High Court of the1[State of Karnataka] in relation to the administration of justice and to provide for its jurisdiction and other matters hereinafter appearing; BE it enacted by the1[Karnataka State] Legislature in the Twelfth Year of the Republic of India as follows:- ________________________ 1.Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973. 2.First published in the [Karnataka Gazette] on the First day of February, 1962.

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High Court Act, 1961 Section 4

Title: Appeals from Decisions of a Single Judge of the High Court

State: Karnataka

Year: 1961

An appeal from a judgment, decree, order or sentence passed by a single Judge in the exercise of the original jurisdiction of the High Court under this Act or under any law for the time being in force, shall lie to and be heard by a Bench consisting of two other Judges of the High Court.

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High Court Act, 1961 Section 11

Title: High Court to Keep Registers

State: Karnataka

Year: 1961

The High Court shall keep such registers, books and accounts as may be necessary for the transaction of the business of the Court and shall forward to the State Government such copies of, or extracts from, the said registers, books and accounts, as well as such statement of the work done in the High Court and in the courts subordinate thereto, as may be required by the State Government.

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High Court Act, 1961 Section 2

Title: Definitions

State: Karnataka

Year: 1961

In this Act,- (1) "Chief Justice" means the Chief Justice of the High Court of the1[State of Karnataka]; ( 2) "Criminal Appeal" means an appeal which, under any law for the time being in force, lies to the High Court from an order or sentence passed by a subordinate criminal court in the exercise of its original criminal jurisdiction; (3) " First Appeal" means an appeal which, under any law for the time being in force, lies to the High Court, from a judgment, decree or order, made by a subordinate civil court in the exercise of its original civil jurisdiction; (4) "Full Bench" means a Bench consisting of not less than three Judges of the High Court; (5) "High Court" means the High Court of the1[State of Karnataka]; (6) " Second Appeal" means an appeal which, under any law for the time being in force, lies to the High Court from a judgment, decree or order passed by a subordinate civil court in the exercise of its appellate civil jurisdiction. ________________________ 1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.

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High Court Act, 1961 Section 7

Title: Reference to Full Bench

State: Karnataka

Year: 1961

(1) Where in any proceeding pending before it, any question of law or usage having the force of law arises, a Bench consisting of not less than two Judges of the High Court may, if it thinks fit, and shall, if it differs from the view taken by a similar Bench of the High Court on the said question, refer to a Full Bench of the High Court the question of law or usage having the force of law. (2) The decision of the majority of Judges comprising a Full Bench of the High Court shall be the decision of the High Court.

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High Court Act, 1961 Section 3

Title: Registrar and Deputy Registrars

State: Karnataka

Year: 1961

1 [(1)] The High Court shall have a Registrar and as many Deputy Registrars as may be determined by the Governor in consultation with the High Court. 1 [(2) The High Court may also have as many Additional Registrars, Joint Registrars and Assistant Registrars as may be determined by the Governor in consultation with the High Court.] ________________________ 1. Section 3 renumbered as sub-section (1) and sub-section (2) inserted by Act 20 of 1969 w.e.f. 19.09.69.

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High Court Act, 1961 Section 5

Title: First Appeals

State: Karnataka

Year: 1961

1[5. First appeals Save as otherwise provided in this Act,- (i) all First Appeals against a decree or order passed in a suit or other proceedings, the value of subject matter of which is rupees three lakhs or more shall be heard by a Bench consisting of not less than two Judges of the High Court and other First Appeals shall be heard by a Single Judge of the High Court. (ii) all Criminal Appeals against Judgments in which sentence of death or imprisonment for life is passed and against Judgments of acquittal in cases in which offences are punishable with death or imprisonment for life shall be heard by a Bench consisting of not less than two Judges of the High Court and other Criminal Appeals shall be heard by a Single Judge of the High Court.] ________________________ 1. Substituted by Act 6 of 1994 w.e.f. 8.3.1994.

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High Court Act, 1961 Section 12

Title: Vacation Judge

State: Karnataka

Year: 1961

(1) For the hearing of all matters, which require to be immediately or promptly dealt with during a vacation or adjournment of the High Court, the Chief Justice shall nominate a Judge of the High Court as vacation Judge, and such Judge shall during the vacation, exercise all the jurisdiction vested in the High Court, except in cases in which such jurisdiction must be exercised, under the provision of any law for the time being in force, by more than one Judge. Different single Judges may be appointed for different periods of a vacation or adjournment. (2) It shall be competent for the Chief Justice during any vacation or adjournment of the High Court to constitute a Bench of Judges or a Full Bench for the hearing of any case.

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High Court Act, 1961 Section 8

Title: Powers of Single Judge to Dispose of Revision Cases Himself or Refer the Same to a Bench

State: Karnataka

Year: 1961

(1) Any Judge of the High Court sitting alone, shall have power to hear and dispose of civil and criminal revision cases in exercise of the revisional jurisdiction vested in the High Court under any law for the time being in force, except cases relating to quashing of orders of commitment: Provided that in exercise of such revisional jurisdiction in respect of proceedings of any criminal court such single Judge shall not impose a sentence of death or imprisonment for life or sentence of imprisonment exceeding seven years. (2) The decision or order of a single Judge in cases under sub-section (1) shall be final: Provided that such Judge may, if he thinks fit, instead of disposing of any case as aforesaid refer such case to a Bench of two Judges for hearing and disposal.

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