Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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Civil Law
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Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
Judgement Subject Index/Important Decision/Topic

ILC-2015-SC-CIVIL-Jul-4

Jogendrasinhji Vijaysinghji Vs. State of Gujrat & Ors.

Head Note

Constitution of India, 1950  - Article 226 , Article 227 , Civil Law  - Letters Patent

Letters Patent, Clause 15 - Letters Patent Appeal - Maintainability - Held that:- (A) Whether a letters patent appeal would lie against the order passed by the learned Single Judge that has travelled to him from the other tribunals or authorities would depend upon many a facet. The Court fee payable on a petition to make it under Article 226 or Article 227 or both would depend upon the rules framed by the High Court. (B) The order passed by the civil court is only amenable to be scrutinized by the High Court in exercise of jurisdiction under Article 227 of the Constitution of India which is different from Article 226 of the Constitution - No writ can be issued against the order passed by the civil court and, therefore, no letters patent appeal would be maintainable. (C) The writ petition can be held to be not maintainable if a tribunal or authority that is required to defend the impugned order has not been arrayed as a party, as it is a necessary party. (D) Tribunal being or not being party in a writ petition is not determinative of the maintainability of a letters patent appeal.

Topic(s)-Letters Patent Appeal - Maintainability - Law clarified







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