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State of Gujarat - Section

Section 2 in Gujarat High Court Rules, 1993

2. Matters to be disposed of by a Single Judge.

- Save as otherwise expressly provided by any law in force or by these rules; a Single Judge may dispose of the following matters:I. Civil
(1)Appeals from Original Decrees in Suits where the value of the subject matter of the suit does not exceed [Rs.20,00,000/-] [Notification No. C-2002/93 dated 20.04.2012.] or is incapable of valuation.
(2)Appeals under Special or Local Acts where the value of the subject matter before the trial Court or Tribunal or other authority does not exceed [Rs.20,00,000/-] [Notification No. C-2002/93 dated 20.04.2012.] or is incapable of valuation.
(3)Appeals in proceedings under the Guardians and Wards Act, 1890 and the Hindu Minority and Guardianship Act, 1956.
(4)Appeals under Section 144, Civil Procedure Code, 1908.
(5)Appeals under the Hindu Marriage Act and other Matrimonial enactments.
(6)Appeals from Appellate Decrees.
(7)Appeals from orders under Section 104 and Order XLIII, Rule 1 of the Civil Procedure Code, 1908.
(8)Appeals relating exclusively to costs or installments.
(9)Appeals arising out of the Land Acquisition References, the value of the subject matter of which does not exceed [Rs.20,00,000/-] [Notification No. C-2002/93 dated 20.04.2012.] except where the valuation in an allied matter to be heard with the former exceeds [Rs.20,00,000/-] [Notification No. C-2002/93 dated 20.04.2012.].
(10)Applications under Articles 225 of the Constitution of India except:-
(1)those where vires of any provision of a statute are challenged.
(2)those for issue of writs of Habeas Corpus and also those for issue of appropriate directions, order or writs in respect of orders of deportation.
(3)those where awards under the Industrial Disputes Act (India Act (XTV) of 1947) concerning revision of wages or wage structure of a class or classes of an employees in an industry are challenged.
(4)those arising under the Acts specified below :-
(a)The Customs Act (India Act LII of 1962).
(b)The Central Excises & Salt Act (Act I of 1944).
(c)Taxing statutes such as the Income Tax Act (India Act No. XLIII of 1961) The Wealth Tax Act, 1957 (India Act No. 27 of 1957) the Gift Tax Act, 1958 (India Act No. 18 of 1958). The Gujarat Sales Tax Act, 1969 (Act No. 1 of 1970) etc.
(d)The Land Acquisition Act (Act 1 of 1894).
(e)The Import and Export Control Act (Act XVIII of 1947).
(11)[ Matters Pertaining to Preventive Detention Laws.] [Substituted vide Notification No. C-2002/93 dated 5.4.1995, published in Gujarat Government Gazette, Part IV-C, dated 25.5.1995, page 218.]
(12)Applications under Article 227 of the Constitution of India except those arising from the decisions under the Industrial Disputes Act (India Act XLV of 1947), concerning revision of wages or wage structure of a class or classes of the employees in an Industry. The Customs Act (India Act LII of 1962). The Central Excise and Salt Act (Act I of 1944) and Taxing Statutes.
(13)Applications for the exercise of the Court's revisional jurisdiction under section 115 of the Civil Procedure Code, 1908, or under Section 25 of the Provincial Small Causes Courts Act, 1887 or under any Special or Local Law.
(14)Applications under the Companies Act, 1956 and proceedings there under
(15)Applications under any Local or Special Acts not otherwise specifically provided for.
(16)Applications under the Guardians and Wards Act, 1990, the Hindu Minority and Guardianship Act. 1956. and other enactments relating to minors or under Clause 17 of the Letters Patent.
(17)All applications (except applications under Article 228 of the Constitution of India) for transfer of suits, appeals or other proceedings pending for trial or disposal in any Civil Court subordinate to the High Court or over which the High Court has power of superintendence, to the High Court or to another Court subordinate to or under the superintendence of the High Court.
(18)Applications for consent decrees or orders under order XXIII, Civil Procedure Code, 1908 in the matters which can be disposed of by the Single Judge.
(19)All applications or matters incidental to or interlocutory or arising out of or relating to appeals or applications which are pending or proposed to be filled in the High Court, and which can be disposed of by a Single Judge.
(20)All applications or proceedings incidental to or arising out of or relating to applications for leave to appeal to the Supreme Court or appeals to the Supreme Court after the grant of leave to appeal by the High Court or of special leave by the Supreme Court except cancellation of certificate of fitness granted by the High Court.
(21)All matters referred to in rules 12 and 13 of Chapter 11 and the matters referred by the Registrar.
(22)Except as otherwise provided in any law in force all references under the Civil Procedure Code except References under provision to Section 113 and Order XXVII-A of the Civil Procedure Code.
(23)Revision of Orders passed by the Registrar, Joint Registrar, Additional Registrar, Deputy Registrar or Assistant Registrar.
(24)All Civil proceedings transferred or withdrawn to this High Court from subordinate Courts except proceedings withdrawn under Article 228 of the Constitution, which can be tried by a Single Judge.
(25)All matters pending registration where in office objections are not removed within the prescribed time.
(26)[ All the matters as provided under Section-7 of 'The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015'.] [Inserted vide High Court Notification No.C.2002/93, dated 16.06.2016.]II. Criminal
(1)[Appeals against conviction [(except in which a sentence of imprisonment has been imposed for a period exceeding 10 (ten) years or for life or with death)] [Substituted vide Notification No. C-2002/93 dated 20.04.2012..]; appeals against acquittal, where the offence, with which the accused was charged, is one punishable with a sentence of fine only or with a sentence of imprisonment upto 10 (ten) years or both.]
(2)[***] [Deleted vide Notification No. C-2002/93 dated 20.04.2012.]
(3)Appeals against orders relating to disposal of property and orders directing payments of compensation expenses and/or fees.
(4)Appeals against order under Section 360, Criminal Procedure Code, 1973, Section 93 of the Bombay Prohibition Act, 1949, Bombay Probation of Offenders Act, 1938, or any other enactment or provision relating to probation of offenders.
(5)Appeals under Section 94 of the Bombay Children Act, 1948 and under Section 93, of the Saurashtra Act, 1954.
(6)Appeals under Section 341(i) of the Criminal Procedure Code, 1973.
(7)Appeals or Revision Applications against orders passed under Chapter VIII Code of Criminal Procedure, 1973.
(8)Applications for the exercise of the Court's Revisional Jurisdiction under section 401 of the Criminal Procedure Code, 1973 and the disposal of cases of which record is called for an examination of Criminal Returns or otherwise.
(9)Applications for the exercise of the Court's revisional jurisdiction under any other statute.
(10)Applications under Section 482 of the Criminal Procedure Code, 1973.
(11)All applications (except applications under Article 228 of the Constitution of India) for transfer of cases, Appeals or other proceedings pending for trial or disposal in any Criminal Court subordinate to the High Court or over which the High Court has power of superintendence, to the High Court Superintendence of the High Court.(11-A) Applications under Article 227 of the Constitution of India.(11-B) Applications under Article 226 of the Constitution of India except those specified in sub-rule (10) of part 1 Civil of rule 2
(12)Applications for bail or stay not arising out of or relating to any appeal, except appeals referred to in clause (i).
(13)Applications for excuse of delay in or extension of time for making deposit for transcript record in Criminal Appeals to the Supreme Court.
(14)All miscellaneous applications including applications for bail or stay arising in or out of or relating to matters, falling under this rule.
(15)All Criminal proceedings transferred or withdrawn to this High Court from subordinate Courts except proceedings withdrawn under Article 228 of the Constitution.
(16)All applications or proceedings incidental to or arising out of or relating to applications for leave to appeal to the Supreme Court or of appeals to the Supreme Court after the grant of leave to appeal by the High Court or of Special Leave by the Supreme Court except cancellation of certificate of fitness granted by the High Court.
(17)[ Parol, Furlough, Jail Petitions and Experiment Matters.] [Inserted vide Notification No. C-2002/93 dated 5.4.1995, published in Gujarat Government Gazette, Part IV-C. dated 25.5.1995. page 218.]