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Section 4: Powers of a Bench of two Judges

The Kerala High Court Act, 1958State Act of Kerala · Act 5 of 1959

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.

4

(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.

Where this provision sits

ActThe Kerala High Court Act, 1958
Section4
Marginal notePowers of a Bench of two Judges
JurisdictionState of Kerala
StatusIn force as published by the source

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