Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Amit Kumar Das   28 July 2020


can I file LPA in high court double bench?


 3 Replies

Dr J C Vashista (Advocate)     29 July 2020

Nothing can be opined in the absence of facts of the case.

P. Venu (Advocate)     29 July 2020

What are the facts? Which High Court?

Nihal Thareja   29 July 2020


Yes, an LPA can be filed in the High Court keeping in mind the following:-

  1. Letter patent appeal can be filed in the high court and only in such high courts that have been established by the letter patent.
  2. Division bench can file a letter patent appeal to Supreme Court. It means it will also include a full bench of 5 judges, 7 judges and also the Supreme Court.
  3. Letter patent appeal is the only court established by a letter patent in other court established under the constitution and it is called the second appeal. Writs are also established by the Indian constitution and it can be raised only if the opposite party accepts a writ of the habeas corpus. Writ jurisdiction lies only in the high court and Supreme Court and there is no advantages and disadvantages in the letter patent appeal.
  4. LPA is inapplicable in a case under Arbitration Act as well as in criminal matters

Hope this helps

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