letter patent appeal in the high court ONLY.
pratik
(Querist) 21 August 2010
This query is : Resolved
1) As i have heard that we can file letter patent appeal in the high court only & not in the supreme court pls clarify me wether i am right or wrong.
2) Pls advice when appeal in perferable to the supreme court is better or letter patent appeal is good because i have heard that if the aggrived party is not satisfied by the order, judgment , decree of the same court than he can file a letter patent appeal to the division bench but the letter patent appeal is allowed in pecuniary cases only is it right that it is allowed in pecuniary cases only or we can file letter patent appeal for any cases pls clarify.
3) If letter patent appeal is filed & then also the decision give by the division bench is perfect accordingly to the aggrevied party than can he file a appeal to the supreme court or not. If the letter patent appeal is filed than before the division bench than it is called as second appeal or only first appeal only.
4) We can file letter patent appeal form divison bench to supreme court or not. (it means it will also include full bench, 5 judge & 7 judge & also the supreme court ).
5) Difference between letter patent appeal & second appeal , writ , writ petition, writ jurisdinction. ( also which ones is more advantages in any case).
Pls provide me the above mention so it will be very much useful to me pls.
Thanks In Advance
GOD BLESS U ALL .
c n vittal rao
(Expert) 26 August 2010
1.a letters patent appeal can be filed only in the high courts and that to only in such high courts that have been established by a letters patent .TO the best of my knolegge such appeals are not fileable any more.
2.if letters patent option is available take recourse to it it does not come in the way of anappeal to the supreme court if you are aggreived by the letters patent appeal.
3.it is asecond appeal.
4. yes
5.letters patent appeal is only courts established by a letters patent in other courts established under the constitution it is called a second appeal.
writs are are established by constitution and can be invoked only if the opposite pary is the state except a writ for HABEAS CORPUS.Writ jurisdiction lies only in high courts and the supreme court.there are no special advantages or disadvantages only what is more appropriate in agiven case
