decision of a single.
pratik
(Querist) 01 August 2010
This query is : Resolved
When there is a decision of a single bench or division bench of High Court in writ petition then appeal that lie against the decision it is called Letters Patent Appeal. For admission of the L.P.A. the matter is kept before the higher division bench of High Court. But as of today the issue of maintainability of L.P.A. is pending before the Hon'ble Bombay High Court Mumbai.
Query : So as per the abovementioed defination what do u mean by Single Bench or Division Bench & in general sense also if the decree or judgment is passed by the Single Bench or Division Bench or 5 Bench Judges Or 7 Bench Judges than which one is more effect in any court all over the india. also when Division Bench or 5 Bench Judges Or 7 Bench Judges are required to hear the case & give the decision. pls example me with the help of a example.
& A brief note of letter patent appeal everything in detail sir pls if possible with the help of a example(S).
Thanks In Advance.
s.subramanian
(Expert) 01 August 2010
when a judge sits alone it it caled single bench. when two judges sit,it is called a division bench. when three or more judges sit,it is called a full bench. these benhces are constituted on the basis of the complicated and intricate questions of law arise for decision. depnding upon the importance of those questions of law,the number of judges in the bench are decided and constituted.
