Role & Power of Single Judge of The High Court

 

Role & Powers of Single Judge of The High Court

Chapter II, Rule I of Delhi High Court Rules, 1967 provides that every suit coming before the Court in its Original Civil Jurisdiction shall be tried and heard by a Single Judge.

Section 5(2) of the Delhi High Court Act, 1966 provides as follows:

Notwithstanding anything contained in any law for the time being in force, the High Court of Delhi shall also have in respect of the said territories ordinary original civil jurisdiction in every suit the value of which exceeds rupees two crore.

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Section 5(2) therefore provides that the of Court District Judge, Delhi will be the principal Civil Court of original jurisdiction in every suit the value of which does not exceed two crore, but in other suits the value of which exceeds the above amount, this High Court will the principal civil court of original jurisdiction.

The following matters may be heard and determined by a Single Judge in Chambers:

1.     Appeal from the order of the Registrar or a reference made by him or directed to be made by the Judge in Chambers;

2.     Application for arrest before judgment, for attachment before judgment and for appointment of a receiver;

3.     Applications by defendant where he pleads a set-off under Rule 6 of Order VIII of the Code;

4.     Applications by defendant for setting up a counterclaim and applications in relation thereto,

5.     Applications by receivers, guardians and other relating to the management and disposal of the property;

6.     Applications for leave under sub-rule (3) of Rule 2 of Order II of the Code;

7.     Applications under Rule 4, Order II to join causes of action in a suit for the recovery of immovable property;

8.     Applications for stay of execution under Rule 26(1) and (2) of Order XXI of the Code;

9.      Application for separate trials of different causes of action joined in one suit;

10.  Applications for setting down for judgment in default of written statement;

11.  Applications for amendment of pleadings and for enlargement of time to amend pleadings;

12.  Applications to tax bills returned by the Taxing Officer:

13.  Applications for review of taxation;

14.  Applications for leave to defend under Chapter XV of these Rules:

15.  Application for executions of a decree or order, or for arrest of a judgment-debtor when such judgment-debtor does not appear on the day of hearing fixed under the notice issued or on such day as the hearing thereof may be postponed to, or by attachment or sale with power to order issue of notice under Sections 74 and 145 and under Rules 2, 16, 22, 34(2), 37 or 66(2) of Order XXI of the Code.

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Powers of High Court

Apart from the above, the High Courts have several functions and powers which are described below.

As a Court of Record

• High Courts are also Courts of Record (like the Supreme Court).
• The records of the judgements of the High Courts can be used by subordinate courts for deciding cases.
• All High Courts have the power to punish all cases of contempt by any person or institution.

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Administrative Powers

1. It superintends and controls all the subordinate courts.
2. It can ask for details of proceedings from subordinate courts.
3. It issues rules regarding the working of the subordinate courts.
4. It can transfer any case from one court to another and can also transfer the case to itself and decide the same.
5. It can enquire into the records or other connected documents of any subordinate court.
6. It can appoint its administration staff and determine their salaries and allowances, and conditions of service.

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Power of Judicial Review

High Courts have the power of judicial review. They have the power to declare any law or ordinance unconstitutional if it is found to be against the Indian Constitution.

Power of Certification

A High Court alone can certify the cases fit for appeal before the Supreme Court.

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