What Exactly Is a Letter Patent Appeal?
If an aggrieved party is unsatisfied with the High Court’s judgment, they can file a letter patent appeal. The Letter Patent Appeal Rules, on the other hand, may differ from state to state.
Letter Patent Appeal
Letter Patents Appeal refers to a petitioner’s appeal of a single judge’s judgment to a different bench of the same court (LPA). When institutions like the High Courts were initially created in India in 1865, it was a solution proposed.
The fundamental concept behind this remedy is that a single judge’s decision might be skewed owing to falsified facts and misunderstood legislation. As a result, this option is made accessible in court to the petitioner for him to appeal the judgment of a single judge of a high court. However, if this is not the petitioner’s preferred option, such a remedy would be limited to the Supreme Court.
Before proceeding to the Supreme Court, the petitioner might file a Letter Patent Appeal. They have the option of appealing to a different bench comprised of more than one judge. It can be either an intra-court appeal in the High Court or an inter-court appeal in the Supreme Court, although the rules for both are different in the context of LPA.
The Time Limit for Appeal
An intra-court appeal must be filed at the High Court against the order of a single judge. The maximum time restriction for such an intra-court appeal is 30 days. An inter-court appeal, on the other hand, is required if an appeal must be made before the Supreme Court against the order of the High Court. Such an appeal has a maximum time restriction of 90 days.
Documentation Required
To submit an appeal, the petitioner must pay the court fees as specified in the schedule or the associated information booklet. The following forms must be completed to file an appeal:
- A copy of judgment and decree
- A copy of the High Court’s certificate; and
- A copy of the order issuing the said certificate.
NOTE: Because the method of filing writs varies from state to state, it is best to consult the letters patent regulations of the individual High Courts.
Legal Provision
The following are the different legal provisions that govern the Letter of Patent Appeal:
Article 226 of the Indian Constitution states:
- It says that every High Court has the jurisdiction to order any authority and any individual to integrate suitable cases, to the government, or to enforce any of the rights given by Part III, or in any other scenario.
Article 227 of the Indian Constitution states that:
- The High Court must deal with all other courts and bodies that are equivalent to its operations. Without a propensity toward oversimplification of the preceding clauses.
- Develops and sets broad standards, as well as mechanisms for guiding training procedures in other courts.
- In addition, establish standards for how other courts’ officers will keep their books, sections, and records.
LPA Arbitration Act Exceptions:
LPA is not maintainable: An application under Section 8 of the Act is an application under Part I of the Arbitration & Conciliation Act of 1996. This implies that an appeal against an order granted under Section 8 of the Act is precluded by Section 37 of the Arbitration and Conciliation Act. As a result, it was ruled that in the case of an order issued under Section 8 of the Act, the Letters Patent Appeal is not maintainable.
Criminal Proceedings: Under criminal proceedings, a Letter Patent Appeal is not maintainable. In any order dictated by the single bench judge in the criminal proceedings, an appeal to the division bench in the High Court is neither arguable nor maintainable.
Conclusion
In a letter patent appeal, the petitioner has a choice of appeal to the High Courts and the Supreme Court. If a person is unable to comply with the request of the courts, they might file an appeal. Furthermore, various legal regulations handle letter patent appeals in different ways.
Contact the professionals at Corproots to learn more about how Letter Patents Appeal can assist you.
Suggested Reading: What is a Patent and How to apply for it?