section 3
Powers of Single Judge
The Kerala High Court Act, 1958Civil19589 sections
Statutory text
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 the 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) 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 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; 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 [²forty 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.
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