The letter patent appeal is a remedy available to an aggrieved party if they are dissatisfied with the decision of the High Court. However, the Letter Patent Appeal Rules may vary from state to state.
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 proffered when institutions like the High Courts were first introduced in India in 1865.
The whole idea behind this remedy is the verdict of a single judge could go wrong due to manipulated facts as well as misinterpreted law. Hence this solution is made 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, such a remedy would lie only in the Supreme Court.
Letter Patent Appeal is an option available to the petitioner before going to the Supreme Court. They have the choice to approach another bench constituted with more than one judge. It can either be an intra-court appeal in the High Court or an inter-court appeal in the 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 be filed 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 is a maximum of 90 days.
Documents Required for Letter Patent Appeal
To file an appeal, the petitioner must undertake 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
- Certificate copy granted by the High Court
- Certificate copy of the order granting the said certificate
Can an Appeal Can be Filed Against Any Judgment?
Generally, an appeal can be filed against any judgment, decree, or final order in a civil proceeding of a high court. Here are the key points to note:
Grounds for Appeal:
An appeal may be filed if the case involves a substantial question of law, and the high court certifies it as important. The appellant must prove that the interpretation of the constitution has been wrongly decided.
Certification by High Court:
The high court must certify the appeal for it to be filed. The certification is granted if the case involves a significant legal question.
Payment of Court Fees:
The appellant is required to pay court fees as per the schedule table or rule book.
Documents Required for Filing an Appeal:
The appeal should be accompanied by essential documents, including:
- Certified copy of the judgment and decree appealed from.
- Certified copy of the certificate granted by the High Court.
- Certified copy of the order granting the said certificate.
Certificate of Appeal:
While traditionally a certificate of appeal is required, in certain situations, a letter patent appeal against the judgment of the court can be filed without the certificate.
Time Limit for Filing an Appeal:
The filing of an appeal usually has a time limit, typically 90 or 30 days, depending on the court. It’s essential to check the specific rules and procedures in the Letters Patent Rules of the concerned High Court or the Supreme Court.
Check State-Specific Procedures:
The procedure for writs and appeals can be unique to each state. It is advisable to refer to the Letters Patent Rules for accurate and state-specific information.
Legal Provisions Involved in Letters Patent Appeal
The provisions of law relevant to Letter Patent Appeals (LPA) include Article 226 and Article 227 of the Indian Constitution. These articles empower the High Courts with specific powers for issuing writs and exercising superintendence over all other courts and tribunals.
Here are the key provisions:
Article 226 – Power of High Court to issue certain writs:
Article 226 grants every High Court the power to issue writs, orders, or directions to any person or authority, including the government, for the enforcement of fundamental rights (conferred by Part III of the Constitution) and for any other purpose.
Scope of Article 226:
The power vested in Article 226 allows the High Court to issue writs not only for the enforcement of fundamental rights but also for various other purposes as deemed fit by the court.
Article 227 – Power of Superintendence over all courts by the High Court:
Article 227 confers upon the High Court the power of superintendence over all other courts and tribunals within its jurisdiction.
High Court’s Authority under Article 227:
The High Court, under Article 227, has the authority to:
- Call for returns from other courts.
- Make and issue general rules.
- Prescribe forms for regulating the practice and proceedings of other courts.
- Prescribe forms for keeping books, entries, and accounts by the officers of other courts.
Cases Where Letters Patent Appeal is not Maintainable
Arbitration Act Cases
In cases involving the Arbitration and Conciliation Act, Letters Patent Appeals are not maintainable. For instance, in the case of Conros Steel Co Ltd vs. Lu Qin (Hong Kong) Co Ltd, the Bombay High Court clarified this. The court stated that an application under Section 8 of the Act is part of the Arbitration and Conciliation Act. Because of this, the bar under Section 37 applies, meaning no appeal can be made for an order passed under Section 8. So, a Letters Patent Appeal isn’t valid for such arbitration matters.
Criminal Proceedings
Letters Patent Appeals are also not allowed in criminal proceedings. Clause XV of the Letters Patent specifies that appeals to the High Court cannot be made against sentences or orders made in the exercise of criminal jurisdiction. Simply put, if a case falls under criminal law, you cannot file a Letters Patent Appeal.
Understanding Letters Patent Appeal
A Letters Patent Appeal allows a party to challenge a High Court decision if they are unsatisfied with it. However, the rules governing Letters Patent Appeals can vary from state to state.
Disclaimer
The information provided here is for informational purposes only. Accessing or using this content does not create an attorney-client relationship. The content is not legal or professional advice and should not replace consultation with a licensed attorney in your state.
What Are the Various Provisions of Law in (LPA)?
A Letters Patent Appeal (LPA) is a legal remedy that allows a party to appeal a decision made by a single judge of a High Court. This appeal is made to a larger bench of the same High Court. The purpose of an LPA is to ensure that a second review is available within the High Court, providing an additional layer of scrutiny to the judicial decision.
Legal Provisions Governing LPAs
Letters Patent of High Courts
The basis for LPAs lies in the Letters Patent, which are the charters establishing the High Courts. Each High Court in India may have its own Letters Patent, which outlines the powers and jurisdiction of the court, including the provision for LPAs. These charters were originally issued during the British colonial period and have been adapted over time.
Civil Procedure Code (CPC), 1908
The Civil Procedure Code plays a significant role in LPAs. Specifically, Section 100 of the CPC deals with second appeals in civil cases, which can overlap with the provisions of LPAs. However, the Letters Patent often provide a more specific remedy than the general provisions of the CPC.
High Court Rules
Each High Court in India has its own set of rules governing the procedure for filing an LPA. These rules provide detailed guidance on the format, time limits, and documentation required for an LPA. It’s essential to refer to the specific rules of the relevant High Court to ensure compliance.
Statutory Limitations
Certain statutes specifically limit or bar the filing of an LPA. For example, the Arbitration and Conciliation Act, 1996, restricts appeals against certain orders, and these restrictions can override the general provision for LPAs. Similarly, criminal proceedings are generally excluded from the scope of LPAs under Clause XV of the Letters Patent.
Judicial Precedents
Over time, various judgments by the Supreme Court and High Courts have shaped the understanding and application of LPAs. These precedents clarify when an LPA is maintainable and the extent of the appellate court’s powers. It is crucial to consider these judicial interpretations when dealing with LPAs.
Scope and Limitations
While LPAs provide an additional avenue for appeal, they are not universally applicable. The maintainability of an LPA can depend on the nature of the case, the specific provisions of the Letters Patent, and any statutory limitations. Understanding the precise legal framework governing LPAs is essential for effectively utilizing this legal remedy.
Exceptions to Letter Patent Appeal
Arbitration Act: LPA is not maintainable
It has been observed that an application under Section 8 of the Act is an application under Part I of the Arbitration & Conciliation Act of 1996. This means that an appeal from an order issued under Section 8 of the Act would be barred under Section 37 of the Arbitration & Conciliation Act. As a result, it was determined that the Letters Patent Appeal is not maintainable in the case of an order issued under Section 8 of the Act.
Criminal Proceedings: LPA is not maintainable
Letter Patent Appeal is not maintainable under criminal proceedings. 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.
Conclusion
The High Courts and the Supreme Court both give a choice of appeal to the litigant in a letter patent appeal. On the off chance that one cannot comply with the request of the courts, they can apply for this appeal. Moreover, different law provisions manage letter patent appeals differently.
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FAQs
What types of decisions are ineligible for Letters Patent Appeals?
Decisions ineligible for Letters Patent Appeals typically include those made under criminal jurisdiction, arbitration orders, and cases where specific statutes explicitly bar such appeals.
Can a Letters Patent Appeal be expedited under certain circumstances?
Yes, a Letters Patent Appeal can be expedited in urgent cases, such as those involving significant public interest or irreparable harm if not addressed promptly.
How does the process of a Letters Patent Appeal differ from regular appeals?
The process of a Letters Patent Appeal involves appealing to a larger bench within the same High Court, while regular appeals typically go to a higher court.
Are there any recent changes to the regulations governing Letters Patent Appeals?
Recent changes to regulations governing Letters Patent Appeals are usually jurisdiction-specific and vary by High Court, often influenced by new judicial interpretations or statutory amendments.
What are the financial implications of filing a Letters Patent Appeal?
Filing a Letters Patent Appeal involves court fees, legal representation costs, and potential additional expenses, which can vary depending on the complexity and duration of the case.
How do different High Courts in India interpret the provisions for Letters Patent Appeals?
Different High Courts in India interpret the provisions for Letters Patent Appeals based on their own Letters Patent, judicial precedents, and specific rules, leading to variations in application.
What are the common reasons for the dismissal of a Letters Patent Appeal?
Common reasons for the dismissal of a Letters Patent Appeal include lack of jurisdiction, procedural errors, non-maintainability under specific statutes, and insufficient grounds for appeal.
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