Letter Patent Appeal – A Complete Analysis

A Letter Patent Appeal (LPA) is an appeal made by a petitioner or aggrieved party against a single judge’s decision to a different bench of the same Court. Through the process of appeals, the chance for redemption may present itself to the aggrieved party by way of the case being retried. This solution was proposed when institutions like the High Courts were 1^st introduced in India in 1865. The main reason behind this concept is the verdict of a single judge could go wrong due to manipulated facts and misinterpreted law. Therefore, this solution is made available in Court to the petitioner to appeal against the verdict of a high court’s single judge. Scroll down to check more information regarding Letter Patent Appeal.

Different Provision of Law in Letter Patent Appeal

Before we examine the ruling of the Supreme Court or different other High Courts in relation to the Letter Patent Appeal under Clause 15 of Latter Patent. It is vital to know & should examine the different provisions of law which are involved.

The Article 226 provisions of the Indian Constitution is as follow:

1. Power of High Court to Issue Certain Writs – Article 226: In this Article, every High Court shall have the authority to issue any individual or authority for comprising suitable cases to the Government/for the execution of any of the rights conferred by Part III and for any other purpose. The power is provided to this clause is to issue direction, order or writ to any Government, authority or any individual exercised by the High Court in relation to the cause of action, either they are completely or partly.
2. Superintendence Power over all Courts by the High Court – Article 227: High Court manages all other Court & tribunals in relation to its exercises. Without prejudice to the simplification of the foregoing provisions, the High Court may Call for returns from such courts. Make & issue general rules and recommend forms for regulating proceedings & practice of such courts and prescribe forms in which entries, books, and accounts shall be kept by the officers of any such courts.

Exceptions to Letter Patent Appeal

• Arbitration Act: LPA is not Maintainable

It has been noted that an application under Section 8 of the Arbitration Act^[1] is an application under Part 1 of the Arbitration and Conciliation Act of 1996. It means that an appeal from an order issued under Section 8 would be excluded under Section 37 of the Act. As an outcome, it was determined that the Letter Patent Appeal is not viable in the case of an order released under Section 8.

• Criminal Proceedings: LPA is not maintainable

LPA (Letter Patent Appeal) is not maintainable or viable under Criminal Proceedings. The appeal in the High Court to the division bench is not debatable or maintainable in any order mandated by the single judge in this proceeding.

Can a Letter Patent Appeal be Filed Against Any Judgement?

An appeal may be file against any decree, judgement, or final order in a civil proceeding of a High Court. If the case involves a big question of law which is vital and in the thoughts of the High Court, then only the High Court will confirm to file an appeal. The party who makes an appeal can advise enough questions of law from the grounds and should prove that interpretation of the constitution has been incorrectly decided.

To file an appeal, the petitioner should undertake the court fees as mentioned in the schedule or the related information handbook. The documents for filing an appeal are as follows:

1. Submit a Judgment copy and decree appealed from;
2. Certified copy issued by the High Court;
3. Copy of the certificate of the order granting the proposed certificate.

Note: The filing writs process may differ from state to state; hence, it is suitable to check the letters patent rules of the various High Courts.

What is the Time Duration for an Appeal?

In case an appeal has to be filed in the High Court opposing the order of a single judge, it is recognised as an Intra-Court Appeal. The time limit for such an appeal is a maximum of thirty days. On the other side, if an appeal has to be filed before the Supreme Court of India against the High Court’s order, it is known as an Inter-Court Appeal is a maximum of ninety days.

Important Cases

• Jayaben D. Kania & Others vs Shah Babulal Khimji: The appeal is a unique leave that is regulated against an order of the division bench of the Bombay High Court. This appeal was filed by the petitioner against the order of the trial judge, and it was refused on the ground that the appeal was not maintainable as the order disputed was not a judgement within Clause 15 of the Letter Patent. The Court rejected the Letter Patent Appeal because the petitioner did not file the LPA on time. Generally, the Court rejected the delayed appeal.
• The state of Gujarat vs. Ambalal Manibhai Patel: The petition had filed in the High Court of Gujarat a writ petition under Article 226 of the Indian Constitution to challenging the notification validity which is issued by the Government of Gujarat in the exercise of authority under Section 15(1) of the mines & minerals (Regulation & Development Act). The writ petition of the petitioner was rejected by a single judge of the High Court. Thereupon, the petitioner filed a Letter Patent Appeal against the proposed order of rejection. While the LPA was pending, the Gujarat government issued a notification and where it made the Gujarat miner minerals (amendment) rules, which reduces the rate of royalty concerning all minor minerals to a uniform rate.

Several writ petitions were filed in the High Court, challenging the validity of the proposed notification. The petitioner LPA also like as those writ petitions which were heard & disposed of by the common judgement reported as the State of Gujarat vs. Sonabhai Pethaji case.

Conclusion

The Supreme Court and the High Court both give the option to the petitioner in Letter Patent Appeal. If one cannot obey the order of the courts, then he or she will apply for this appeal. Generally, some opinions of the High Court are against the LPA. Various laws provision has been given by the Constitution of India to deal with LPA. Maintainability of LPA is not given by High Courts in many laws.

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