THE KERALA HIGH COURT ACT, 1958

Act 5 of 1959

6th February, 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:— * Received the assent of the President on 6th February, 1959 and published in the Gazette Extraordinary dated 14th February 1959.

Read full Act

S.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.

S.2 Definition

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

S.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 of 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 an
  

S.4 Powers of a Bench of two Judges

The powers of the High Court in relation to the following matters may be exercised by a Bench of two Judges, provided that if both Judges agree that the decision involves a question of law they may order that the matter or question of law be referred to a Full Bench:—

• (1) Any matter in respect of which the powers of the High Court can be exercised by a Single Judge.
• (2) An appeal—
  • (a) from a decree or order of a civil court, except those coming under section 3;
  • (b) from the judgement 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 Cod
  

S.5 Appeal from judgement or order of Single Judge

An appeal shall lie to a Bench of two Judges from a judgement or order of a Single Judge in the exercise of original jurisdiction. An appeal shall lie to a Bench of two Judges from a judgement of a Single Judge in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of appellate jurisdiction by a subordinate court, where the Judge who passed the judgement declares that the case is a fit one for appeal.

S.6 Cases to be heard by Full Bench under direction by Chief Justice

Notwithstanding anything contained in this Act, the Chief Justice may direct that any matter be heard by a Full Bench.

S.7 Procedure on reference to Full Bench

When a question of law is referred to a Full Bench, the Full Bench, may finally decide the case or return it with an expression of its opinion upon the question referred for final adjudication by the Bench which referred the question or, in the absence of either or both of the referring Judges, by another Bench.

S.8 Powers of vacation Judge

(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.

S.9 Repeal

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High Court Act, 1125, (V of 1125), in so far as they relate to matters provided in this Act, shall stand repealed.