The KERALA HIGH COURT ACT, 1958

THE KERALA HIGH COURT ACT, 1958
(Act 5 of 1959)
CONTENTS
Sections:
1. Short title and commencement.
2. Definition.
3. Powers of Single Judge.
4. Powers of a Bench of two Judges.
5.  Appeal from judgment or order of Single Judge.
6. Cases to be heard by Full Bench under direction by Chief Justice.
7. Procedure on reference to Full Bench.
8. Powers of vacation Judge.
9. Repeal.
ACT 5 OF 1959*
THE KERALA HIGH COURT ACT, 1958
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:—
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.
2. Definition:—In this Act, "High Court" means the High Court of the State of Kerala.
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 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.
* Received the assent of the President on 6th February, 1959 and published in the Gazette Extraordinary dated 
14th February 1959.
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(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 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.
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. Substituted by Act 6 of 1966.
2. Substituted by Act 15 of 2018, w.e.f. 15.12.2017.
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(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 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 judgement, 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.
1[5. Appeal from judgment or order of Single Judge:—An appeal shall lie to a Bench of
two Judges from—
(i) a judgment or order of a Single Judge in the 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; 2[xxxx]
3[xxxx]]
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.
1. Substituted by Act 6 of 1966.
2. Omitted by Act 20 of 1987, w.e.f. 28.08.1987.
3. Omitted by Act 20 of 1987, w.e.f. 28.08.1987.
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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 which 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.
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.
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.
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