Letter patent appeal
Definition
A Letter Patent Appeal (LPA) in India is a type of intra-court appeal that is filed within the same High Court from the judgment of a single judge to a division bench.
It is only available in the high courts established by a letter patent, in the High court established by the constitution, it is known as a ‘second appeal’.
Origin
In the Nineteenth century, when the vast territory of India was under British control, . High courts were established in Bombay. Madras and Bengal presidencies by the Indian High Courts Act of 1861, which was enacted by the British Parliament. To establish these courts, a legal instrument known as a Letter patent was issued, which states that these courts are established by the order of the crown . These Letters Patent served as a charter for the courts, defining their structure and functions.[1]
High Courts established in India after independence, either by a Letters Patent Act or through the bifurcation of existing High Courts, often inherit the provision for Letters Patent Appeals. This allows parties to challenge the decisions of a single judge by a larger bench within the same High Court. For instance, the Delhi High Court, established under the Delhi High Court Act, 1966, inherits its Letters Patent Appeal jurisdiction from the Punjab High Court, which itself inherited it from the Lahore High Court established by Letters Patent in 1919.[2]
Utility
Filing an appeal to the Supreme court is a costly and time-consuming process, especially for the litigants who do not reside in the proximity of New Delhi.
There are chances that the single judge bench might miss on some question of fact or law, and LPA provides a remedy to this at the State judiciary level. Otherwise, the remedy would lie to the Supreme court.
Procedures
Not all judgements by a single judge are eligible for LPA. There might be specific exclusions depending on the nature of the case e.g., arbitration awards Section 11 (7) says no appeal lies against the award of arbitrators. [3]
Each High Court has its own set of rules governing LPAs, including time limits for filing the appeal.
LPA is a intra-court appeal, which means as per entry no 116 of the Schedule of The limitation act, 1963. It has to be filed within 30 days of the decree/ Judgement.[4]
Document required for the LPA
- Certified copy of judgment and decree appealed from.
- Certified copy of certificate granted by High Court.
Abolition of Letter Patent Appeal by certain states
State legislature over the years has started abolishing the letter patent appeal from the high courts for example
a) Uttar Pradesh in 1962 abolished the letter patent appeal from the Allahabad High Court.[5]
b) Goa legislature through The Goa high court act in 2013 abolished the letter patent appeal.[6]
c) Maharashtra also abolished letter patent appeal through the Maharashtra high court act,1986.[7]
Databases
National Judicial Data Grid provides information on the numbers of the letter patent appeal at the high courts.
Research Engaging with LPA
a) Law Commission in its 163rd law commission report in its recommendation, advised against the abolition of the LPA, stating that abolition will increase the burden of appeal cases for Supreme court.[9]
References
- ↑ https://www.casemine.com/act/in/5a979dd64a93263ca60b74d6
- ↑ https://highcourtchd.gov.in/sub_pages/top_menu/about/jurisdiction/LPA.pdf
- ↑ https://www.indiacode.nic.in/bitstream/123456789/1978/3/a1996-26.pdf
- ↑ https://www.indiacode.nic.in/bitstream/123456789/1565/1/a1963-36.pdf
- ↑ https://www.indiacode.nic.in/bitstream/123456789/15546/1/1abolition_final.pdf
- ↑ https://www.indiacode.nic.in/bitstream/123456789/6089/1/ocrhigh_court.pdf
- ↑ https://lj.maharashtra.gov.in/site/Upload/Acts/Mah.Act%2017%20%20of%201985,%20High%20Court%20(Hearing%20of%20Writ%20Petitions%20By%20Division%20Bench%20and%20Abolition%20Of%20letters%20Patent%20Appeals)%20Act,%201986.pdf
- ↑ https://njdg.ecourts.gov.in/hcnjdgnew/?p=main/pend_dashboard
- ↑ https://cdnbbsr.s3waas.gov.in/s3ca0daec69b5adc880fb464895726dbdf/uploads/2022/08/2022081040-1.pdf
