Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Letters Patent: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Letters Patent: Maintainability of Letters Patent Appeal (LPA) - Writ petition u/Art. 226 of the Constitution - Seeking quashing of recommendation of Lokayukta for registration of FIR and investigation - Single Judge of High Court allowed the writ petition quashing the recommendation - Letters Patent Appeal - Allowed - Appeal challenging maintainability of the LPA - Held: Till a competent legislature takes away the power of the Letters Patent, the same can be exercised by the High Court under Cl. 10 of the Letters Patent to the High Court - However, exercising such jurisdiction, it is imperative to see what is the nature of jurisdiction that has actually been provided in the Letters Patent· - If the proceedings, nature and relief sought pertain to anything connected E with criminal jurisdiction, LPA would not lie, as the same is not provided in Cl. I 0 of Letters Patent - Conception of 'criminal jurisdiction' as used in Cl. 10 encompasses in its gamut the inception and the consequence - In the present case, the nature of the proceedings was criminal and not civil - Therefore, the LPA was not maintainable - Letters Patent (as applicable to erstwhile Punjab & Lahore High Courts) - Cl. 10. Court Proceedings : Nature/character of court proceedings - Determination of - Held: Character of the proceedings does not depend upon the nature of the tribunal which is invested with the authority to grant relief. but upon the nature of the right violated and the appropriate relief which may be claimed. Civil proceedings and criminal proceedings - Distinction between - Discussed |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2017 INSC 238 |
Petitioner | Ram Kishan Fauji |
Respondent | State Of Haryana And Ors. |
SCR | [2017] 4 S.C.R. 553 |
Judgement Date | 2017-03-21 |
Case Number | 4288 |
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