Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Letters Patent Appeal: Maintainability of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Letters Patent Appeal: Maintainability of - Held: Whether aletters patent appeal would lie against the order passed bythe Single Judge that has travelled to him from the othertribunals or authorities, would depend upon many a facet -The order passed by the civil court is only amenable to bescrutinized by the High Court in exercise of jurisdiction u/Article 227 which is different from Article 226 and no.writcan be issued against the order passed by the civil courtand, therefore, no letters patent appeal would bemaintainable - Tribunal being or not being party is notdeterminative of maintainability of a letters patent appeal -Constitution of India, 1950- Arts.226 and 227.Necessary party: Court or tribunal whose order is sought tobe quashed, if not arrayed as party in writ petition - Held:Writ petition can be held not maintainable if a tribunal orauthority that is required to defend the impugned order hasnot been arrayed as a party, as it is a necessary party -Constitution of India, 1950 - Arts. 226 and 227.Constitution of India, 1950: Arts.226 and 227 - Scope of-Held: Judicial orders of civil court are not amenable to writjurisdiction u/Art. 226 - An order passed by a civil court canonly be assailed u/Art.227 - Once it is exclusively assailableu/Article 227, no intra-court appeal is maintainable. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2015 INSC 485 |
Petitioner | Sh Jogendrasinhji Vijaysinghji |
Respondent | State Of Gujarat & Ors. |
SCR | [2015] 6 S.C.R. 504 |
Judgement Date | 2015-07-06 |
Case Number | 2374 |
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