What is Letter Patents Appeal?

Last Updated at: Sep 27, 2020
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Letter Patents Appeal
  1. Introduction

  2. Time Limit for appeal

  3. Documents/Certificates Required

  4. Provision of Law

  5. Exceptions

  6. Conclusion

Letter Patent Appeal

An appeal by a petitioner against a decision of a single judge to a different bench of the same court is known as Letter Patents Appeal (LPA). It was a solution prepared when institutions like the High Courts were introduced in India in 1865. The whole idea behind this remedy is the verdict of a judge would also go wrong due to manipulated facts as well as by law. The solution is available in court to the petitioner to appeal against the verdict of the single judge of a high court. However, if this is not the choice of the petitioner a remedy would lie with only in the Supreme Court.

Letter Patent Appeal is an option available to the petitioner before going to the Supreme Court. He has the choice to approach another bench constituted with more than one judge. It is an intra-court appeal in High Court and inter-court in Supreme Court but both have different rules in the context of LPA. 

The Time Limit for Appeal

If an appeal has to be filed in the High Court against the order of a single judge, it is known as an intra-court appeal. The time limit for such an appeal in an intra-court is a maximum of 30 days. On the other hand, if an appeal has to file before the Supreme Court against the order of the High Court, it is known as an inter-court appeal. The time limit for such an appeal in inter-court is a maximum of 90 days.

Documents Required

To file an appeal, the petitioner must make the court fees payment as stated in the schedule or the related information handbook. The paperwork for filing an appeal are as follows:

  • Copy of judgment and decree appealed from
  • Further, certificate copy granted by the High Court
  • Certificate copy of the order granting the said certificate

NOTE: The process of writs may differ from state to state, therefore, it is advisable to check the Letters Patent Rules of the concerned High Courts and Supreme Court.

Provision of Law (Letter of Patent Appeal)

The various provisions of law that involves the Letter of Patent Appeal are as follows:

Provision of Article 226, Constitution of India:

Article 226 states that every High Court shall have the power, to order any authority and any person for integrating appropriate cases, to the government, or for the enforcement of any of the rights conferred by Part III or for any other situation. 

Similarly, in simple words, the power to issue orders, direction, or writ to any government, authority, or any third person by the High Court in the context that associates with the cause of action either they completely or partly involves.

Provision of Article 227, Constitution of India:

  • The High Court deals with all other courts and councils comparable to its activities. Without bias to the over-simplification of the foregoing provisions. 
  • Make and issue general standards and endorse structures for directing the training and procedures for other courts. 
  • Further, prescribe structures in which books, sections, and records will be kept by the officials of any other courts.

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Exceptions to the Appeal

Arbitration Act: LPA is not maintainable

The Letter Patent Appeal is not applicable from an order passed under Section 8 of the arbitration. Section 37 of the arbitration act implies such an appeal. Additionally, provisions and Judgements under the Arbitration Act of 1940 depends upon in the case of interpretation of the provisions of the Arbitration Act of 1996.

Criminal Proceedings: LPA is not maintainable

An appeal in the High Court to the division bench is not arguable or maintainable in any order dictated by the single bench judge in the criminal proceedings. However, Article 226 of the Indian Constitution or Section 482 of the Criminal Procedure Code refers to the order.

Conclusion

The High Courts and the Supreme Court both give the choice to the litigant in letter patent appeal. On the off chance that one cannot comply with the request for courts, therefore, he/she will apply for this appeal. Essentially, in some High Court’s point of view is against the letter patent appeal. Moreover, different laws’ provision provides the Indian Constitution to manage letter patent appeal. Additionally, the practicality of letter patent appeal does not provide the high courts in numerous laws.

Get in touch with experts at Vakilsearch to understand how Letter Patents Appeal can help you.