The KARNATAKA HIGH COURT ACT, 1961

Karnataka · state statute

Open in Lexace · Ask the AI about this act

THE KARNATAKA HIGH COURT ACT, 1961
ARRANGEMENT OF SECTIONS

statement of objects and reasons
Sections:

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

* * * *

STATEMENT OF OBJECTS AND REASONS
I
Act 5 of 1962.- Consequent upon the abolition of the High Court of the former
State of Mysore by section 50 of the States Reorganisation Act, 1956, and the
establishment of a new High Court for the new State, sections 52, 54 and 57 of that
Act govern the jurisdiction, practice and pr ocedure and the powers of judges, of the
new High Court. Under section 52, the High Co urt has, in respect of the different
areas of the State such original, appellate or other jurisdiction, which under the laws
in force before 1st November 1956, t he High Courts of Bombay, Hyderabad,
Madras and Mysore had in the areas conc erned. By virtue of section 54, the
provisions of the Mysore High Court Ac t, 1884, are applicable in respect of the
practice and procedure in relation to the High Court of the new State, and by virtue
of section 57, the provisions of the said Act are applicable in respect of the powers
2
of the Chief Justice, single Judges and Division Courts and matters ancillary to the
exercise of those powers. Under section 69 of the States Reorganisation Act, the
provisions referred to above will have effect subject to any provision that may be
made with respect to the High Court by any Legislature or other authority having
power to make such provision.
The Government of India have suggested the enactment of a law by the State
Legislature so that the State High Cour t can exercise the same powers and
jurisdiction in respect of the whole of the new State. Accordingly the Bill has been
prepared in consultation with the High Court. The recommendations of the Law
Commission have also been considered.
Provision has been made in the Bill specifying the cases to be heard by a Single
Judge and by a Bench of two Judges. In respect of decisions of a Single Judge in
the exercise of original jurisdiction, an appeal to a Bench of two Judges has been
provided for. At present all Criminal Appeals are being heard by a Bench of two
Judges, and this has resulted in considerable delay in

the disposal of such appeals. Provision has therefore been made in Clause 5, for
criminal appeals from judgments in whic h no sentence of death, imprisonment for
life or imprisonment for a period exceeding seven years, is passed against any
accused, being heard by a single Judge. By virtue of Clause 6 all Second Appeals
will be heard by a single Judge. It is co nsidered necessary to make specific
provision relating to disposal of urgent work of the High Court during vacation.
Clause 12 makes provision for this.
(Obtained from File No. LAW 126 LGN 58)
II
Amending Act 20 of 1969. —Section 3 of the Mysore High Court Act, 1961,
provides that the High Court should have a Registrar and as many Deputy
Registrars as may be determined by the Government in consultation with the High
Court. The High Court has recommended that provision may be made for
appointment of Additional Registrars, Join t Registrars and Assistant Registrars.
Since these officers have to exercise stat utory functions that may be assigned to
them by the Hon’ble the Chief Justice under the High Court Rules, it is necessary to
amend the Act suitably.
Hence this Bill.
(Published in the Karnataka Gazette (Ext raordinary) Part IV-2A, dated 23rd
August 1969 as No. 414 at page. 3)
III
Amending Act 12 of 1973. —At present all applications under clause (1) of
article 226 and articles 227 and 228 of the Constitution of India are dealt with by a
Bench of two Judges. In the High Courts of Kerala, Madras, Nagpur, Allahabad,
Delhi, Calcutta, Andhra Pradesh and Bombay, such applications are dealt with by a
single Judge and a right of appeal is given to the aggrieved party and such appeals
are dealt with by a Bench of two Judges. The Law Ministers’ Conference held in
1957 and 1960 was also of the view that such applications should be dealt with by a
3
single Judge with a right of appeal to a Bench of two Judges. The Law Commission
in its Fourteenth Report Vol. II while considering the question has stated with
particular reference to Madras that such a procedure has yielded satisfactory
results. As the principles governing the disposal of Writ Petitions and connected
matters have been now sufficiently clarified by the decisions of different High Courts
and the Supreme Court, it is considered desirable to empower a single Judge to
deal with applications under clause (1) of article 226 (except where the prayer is for
the issue of a writ in the nature of hab eas corpus) and applications under articles
227 and 228 of the Constitution of India wi th a right of appeal to a Bench of two
Judges. It is also considered that this procedure may result in more expeditious
disposal of such applications, and also provide a right of appeal to the aggrieved
party whose right to approach the Supreme Co urt is very much restricted in view of
the Constitution (Thirtieth) Amendment.
Hence the Bill.
(Published in the Karnataka Gazette (E xtraordinary) Part IV-2A dated 2nd May
1973 as No.432 at page. 4)
IV
Amending Act 13 of 1980.—City Civil Courts are functioning in the Metropolitan
Cities of Bombay, Madras, Calcutta, Hyderabad and Ahmedabad. The High Court is
of the opinion that a City Civil Court on the pattern of the City Civil Courts
functioning in the other cities above-nam ed may be constituted for the City of
Bangalore also. When such a City Civil Court is constituted, the Sessions Judge will
deal exclusively with criminal work and the supervision of the work of the

Magistrates’ Courts. As there will be an appeal only to the High Court against the
decision of the City Civil Court, this would not only minimise the delay in disposal of
cases but also reduce the cost of litigation.
The Government have therefore, considered it necessary to constitute a City
Civil Court for the City of Bangalore. It is also proposed to abolish vacation in civil
courts.
Hence this Bill.
Note: By this Act some amendments consequent ial to the establishment of the
city civil court are made to Act 5 of 1962.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 16th May
1979 as No. 473 at page. 14).
V
Amending Act 6 of 1994.—On the suggestions of t he Arrears Committee of the
High Court, the High Court of Karnataka recommended amendment of section 5 of
the Karnataka High Court Act to facilitate quick disposal of cases at lesser cost.
Hence the Bill.
(Obtained from File No. LAW 47 LGN 93)

4
VI
Amending Act 26 of 2007.— The pecuniary jurisdiction of the Courts of
Civil Judge (Junior Division), Civil Jud ge (Senior Division), Small Causes Courts
and District Courts and of High Court was fi xed long back, at a time when the value
of the properties was far below their pres ent value. In view of the appreciable
increase in the value of properties, liti gants are forced to approach higher courts,
instead of lower courts as before, for getting necessary reliefs.

Keeping in view the increase in the value of properties in rupee value and
increase in banking and business activities, it is proposed to increase the pecuniary
jurisdiction of courts.

Hence the Bill.
[L.A Bill No. 34 of 2007]
[Entry 65 of List II of the Seventh Schedule to the Constitution of India.]

* * * *
5
1[KARNATAKA ACT]1 No. 5 OF 1962
(First published in the 1[Karnataka Gazette]1 on the First day of February, 1962.)
THE 1[KARNATAKA]1 HIGH COURT ACT, 1961
(Received the assent of the President on the Twenty-fifth day of December, 1961.)
(As Amended by Karnataka Acts 20 of 1969, 12 of 1973, 13 of 1980, 6 of 1994 and
26 of 2007.)
An Act to make provision for regulating the business and the exercise of
powers of the High Court of the 1[State of Karnataka] 1 in relation to the
administration of justice and to provide for its jurisdiction.
WHEREAS it is expedient to make provis ion for regulating the business and the
exercise of powers of the High Court of t he 1[State of Karnataka]1 in relation to the
administration of justice and to provide for its jurisdiction and other matters
hereinafter appearing;
BE it enacted by the 1[Karnataka State]1 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. 01.11.1973
1. Short title and commencement. —(1) This Act may be called the
1[Karnataka]1 High Court Act, 1961.
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973
(2) It shall come into force at once.
2. Definitions.—In this Act,—
(1) “Chief Justice” means the Chief Just ice of the High Court of the 1[State of
Karnataka]1;
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973
(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 the 1[State of Karnataka]1;
1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 01.11.1973
(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.
3. Registrar and Deputy Registrars. —1[(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. Section 3 renumbered as sub-section (1 ) and sub-section (2) inserted by Act
20 of 1969 w.e.f. 19.09.1969 01.11.1973
6

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
1. Section 3 renumbered as sub-section (1 ) and sub-section (2) inserted by Act
20 of 1969 w.e.f. 19.09.1969.
4. Appeals from decisions of a single Judge of the High Court. —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.
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 2[which exceeds fifteen lakh rupees ]2 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 Judgements in which sentence of death or
imprisonment for life is passed and against Judgements 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
1. Substituted by Act 6 of 1994 w.e.f. 08.03.1994.
2. Substituted by Act 26 of 2007 w.e.f. 28.08.2007
6. Second Appeals.—All Second Appeals shall be heard and disposed of by a
single Judge of the High Court:
Provided that, if such Judge is satisfie d that a substantial question of law is
involved in the case, or that in the interest of justice, the case is to be heard and
disposed of by a Bench of Judges, he may refer the Second Appeal for hearing and
disposal to such Bench.
7. Reference to Full Bench. —(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.
8. Powers of single Judge to dispose of revision cases himself or refer the
same to a Bench.—(1) Any Judge of the High Court sitting alone, shall have power
to hear and dispose of civil and criminal revi sion 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:
7
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 Ju dge 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.
9. Other powers of a single Judge. —The powers of the High Court in relation
to the following matters shall be exercis ed 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:—
(i) determining in which of several courts having jurisdiction a suit shall be heard;
(ii) admission of an appeal in forma pauperis;
(iii) exercise of original jurisdiction under any law for the time being in force;
(iv) appeals under rule 1 of Order XLIII of the First Schedule to the Code of Civil
Procedure, 1908;
(v) appeals in which the subject matter is as to costs only;
(vi) any matter of an interlocutory character in appeals and other proceedings;
(vii) admission of an appeal presented afte r the expiry of the period allowed by
the law of limitation;
1[(viii) exercise of powers conferred by section 389, section 439 and section 440
of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974);]1
1. Substituted by Act 13 of 1980 w.e.f. 17.11.1980 by notification
(ix) exercise of powers under section 24 of the Code of Civil Procedure, 1908, or
1[under section 407 of the Code of Crim inal Procedure 1973 (Central Act 2 of
1974)]1;
1. Substituted by Act 13 of 1980 w.e.f. 17.11.1980 by notification
1[(x) x x x]1
1. Omitted by Act 13 of 1980 w.e.f. 17.11.1980
(xi) appeals from interlocutory orders, where such appeals are allowed by law.
1[(xii) exercise of powers under,-
(a) clause (1) of article 226 of the Consti tution of India except where such power
relates to the issue of a writ in the nature of habeas corpus; and
(b) articles 227 and 228 of the Constitution of India.]1
1. Inserted by Act 12 of 1980 w.e.f. 17.11.1980 by notification
1[(xiii) x x x]1
1. Inserted by Act 13 of 1980 and Omitted by Act 6 of 1994 w.e.f. 08.03.1994
10. Other powers of a bench of two Judges.—The powers of the High Court in
relation to the following matters shall be exercised by a Bench of two Judges:—
(i) a reference,-
8
(a) under section 113 of the Code of Civil Procedure, 1908;
1[(b) under section 395 of the Code of Criminal Procedure 1973 (Central Act 2 of
1974).]1
1. Substituted by Act 13 of 1980 w.e.f. 17.11.1980 by notification
(ii) an application under rule 2 of Order XLV of the First Schedule to the Code of
Civil Procedure, 1908;
1[(iii) x x x]1
1. Omitted by Act 13 of 1980 w.e.f. 17.11.1980

1[(iv) exercise of powers under clause (1 ) of article 226 of the Constitution of
India where such power relates to the issue of a writ in the nature of habeas corpus;
(iva) an appeal from any original judgment, order or decree passed by a single
Judge in exercise of the powers under cl ause (1) of article 226, article 227 and
article 228 of the Constitution of India.]1
1. Substituted by Act 12 of 1973 w.e.f. 16.07.1973
(v) all other matters not expressly provided for in this Act, or any other law for the
time being in force.
11. High Court to keep registers. —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 Governm ent 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 subor dinate thereto, as may be required by the
State Government.
12. Vacation Judge. —(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 whic h 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.
13. Act to apply to pending proceedings. —Notwithstanding anything
contained in any law, all appeals, applications and other proceedings pending in the
High Court on the date of commencement of this Act, shall be disposed of in
accordance with the provisions of this Act.
14. Repeal. —Sections 11, 12, 13, 14, 15, 16, 16-A, 16-B, 20 and 22 of the
Mysore High Court Act, 1884 (Mysore Act I of 1884) are hereby repealed.
* * * *
9
NOTIFICATIONS
I
Bangalore, dated 10th July, 1973 [ No. GAD 60 SHC 73]
S.O. 1116.- In exercise of the powers conferr ed by sub-section (2) of Section 1
of the Mysore High Court (Amendment) Act, 1973 (Mysore Act No. 12 of 1973), the
Government of Mysore hereby appoints t he 16th day of July 1973 as the date on
which the said Act shall come into force.
By Order and in the name of the Governor of Mysore,
( R.J. REBELLO)
Chief Secretary to Government.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2C(ii), dated 11th
July 1973 as No. 582).

II
Bangalore, dated 10th November, 1980 [No. LAW 247 LCE 80]
In exercise of the powers conferred by sub-section (2) of Section 1 of the
Bangalore City Civil Court Act, 1979 (Karnataka Act 13 of 1980), the government of
Karnataka hereby appoints the seventeenth day of November, 1980 for the purpose
of the said sub-section.
By Order and in the name of the Governor of Karnataka,

(B. NAGESHA RAO)
Deputy Secretary to Government,
Department of Law and Parliamentary Affairs,
(Administration)
(Published in the Karnataka Gazette (Extraordinary) Part IV-2C (ii), dated 10th
November, 1980 as No. 819.)
* * * *

‹ Prev All Karnataka acts Next ›