THE KARNATAKA HIGH COURT (AMENDMENT) ACT, 2023
KARNATAKA ACT NO. 32 OF 2024
(First Published in the Karnataka Gazette Extra-ordinary on the 19th Day of June, 2024)
(Received the assent of the Governor on the 20th Day of March, 2024)
An Act further to amend the Karnataka High Court Act, 1961.
Whereas, it is expedient further to amend the Karnataka High Court Act, 1961 (Karnataka Act 05 of 1962) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the seventy fourth year of the Republic of India as follows.-
1. Short title and commencement.- (1) This Act may be called the Karnataka High Court (Amendment) Act, 2023.
(2) It shall come into force at once.
2. Amendment to section 2.- In section 2 of the Karnataka High Court Act, 1961 (Karnataka Act 05 of 1962) (herein after referred to as the Principal Act),-
(i) for sub-section (3), the following shall be substituted, namely,-
“(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 an Order made by a City Civil Judge in the exercise of Original Jurisdiction including any orders appealable under Section 104 of the Code of Civil Procedure (CPC) by a subordinate Civil Court.”
(ii) for sub-section (6), the following shall be substituted, namely,-
“(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 an Order made by a Senior Civil Judge or District Judge in the exercise of Appellate Jurisdiction.”
3. Amendment to section 5.- In section 5 of the Principal Act, for clause (i), the following shall be substituted, namely,-
“(i) All First Appeals shall be heard by a Single Judge of the High Court.”
4. Power to Remove Difficulty.- If any difficulty arises in giving effect to the provisions of the Karnataka High Court Act, 1961, as amended by this Act, the State Government may, as occasion arises, by an order published in the Official Gazette, do anything, not inconsistent with the provisions of the Karnataka High Court Act, 1961, amended by this Act, which appears to it to be necessary or expedient for the purpose of removing the difficulty:
Provided that, no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
|
