Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Letters Patent (Calcutta High Court) |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Letters Patent (Calcutta High Court):Clause I 5-0rder passed by Single Judge of High Court in appeal uls.299 of Indian Succession Act-Letters Patent Appeal filed before .DivisionBench-Objection as regards maintainability of letters patent appeal overruledby High Court-Held, order passed by Single Judge in appeal u!s.299 wasappealable to Letters Patent Bench and the objection with regard tomaintainability of appeal was rightly overruled by High Court-Clause I 5 ofthe Letters Patent confers a right of appeal on a litigant against any judgementpassed under any Act unless the same is expressly excluded-Clause I 5 maybe subject to an Act but when it is not so subject to the special provision, thepower and jurisdiction of the High Court under Clause I 5 to entertain anyappeal from a judgement would be effective-Clause I 5 of the Letters Patentpermits an appeal against the order passed by a Single Judge of the HighCourt in the second forum-Indian Succession Act, 1925-s.299. |
Judge | N/A |
Neutral Citation | 2003 INSC 79 |
Petitioner | Subal Paul |
Respondent | Malina Paul And Anr. |
SCR | [2003] 1 S.C.R. 1092 |
Judgement Date | 2003-02-13 |
Case Number | 7806 |
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