Letters Patent Appeal Archives

‘Adjudication beyond jurisdiction is void’; Supreme Court sets aside Calcutta HC order for lack of jurisdiction; Stalls appointments pending disposal of WP

Supreme Court, without delving into the merits of the rival claims, set aside the impugned order on the limited ground of lack of jurisdiction and ordered a remand. Consequently, the writ petition was revived and placed back on the file of the High Court.

Case Briefs High Courts

Letters Patent Appeal will not lie against judgment passed by Single Judge in appellate jurisdiction or against order by Court subject to superintendence of this Court: Delhi HC

The jurisdiction available to this Court under Article 227 of the Constitution is primarily in the nature of superintendence and accordingly the Letters Patent Appeal will not lie in the instant matter.

Case Briefs High Courts

‘Reformative theory takes back seat in heinous crimes like terrorism’; J&K High Court dismisses Kashmiri separatist Ashiq Hussain Faktoo’s Remission plea

“The conditions in the Union Territory of J&K are entirely different … this part of the Country has been reeling under militancy for the last more than three decades, as such, the State is justified in dealing with the crimes relating to terrorism in a manner that is different from dealing with similar crimes in Delhi.”

Op Eds OP. ED.

Maintainability of a Letters Patent Appeal Against an Order of the Single Judge Concerning a Rectification Application Filed under Section 57, Trade Marks Act, 1999

by Aditya Rajagopal†

Case Briefs High Courts

Bereft senior citizen in-laws have the right to maintain peaceful possession of self-acquired property; Delhi High Court affirms eviction order of daughter-in-law

While interpreting the provisions of Senior Citizens Act, 2007, the Courts must bear the objectives and purposes for which the statute was enacted.

Case Briefs High Courts

[RSS Route-March] Madras High Court: Single Judge cannot modify order passed in writ petition, while exercising jurisdiction under a contempt petition

Madras High Court held that that the order passed in writ petition had been fundamentally modified by the order passed in the contempt petition, the effect of which resulted in a veiled attempt to sit in judgment/appeal over the order passed in the writ petition, which is not permissible in law.

Case Briefs High Courts

Punjab and Haryana High Court upholds appointment of candidate holding Master’s Degree in Public Administration as a Political Science Lecturer

Punjab and Haryana High Court: In a Letters Patent Appeal, filed against the order which set aside the appointment of

Case Briefs High Courts

Jhar HC | Principles of natural justice required to be followed and cannot be waived out depending upon quantum of punishment; Reiterated mandate of natural justice in blacklisting cases

Jharkhand High Court: A Division Bench of Ravi Ranjan, CJ and Sujit Narayan Prasad, J. allowed the appeal and quashed the impugned

Case Briefs High Courts

Guj HC | Division Bench upholds Single Bench’s order to allow a student to convert from full-time M.Tech course to part-time course

Gujarat High Court: A Division Bench of S.R. Brahmbhatt and Dr A.P. Thaker, JJ. did not interfere with the order passed by

Case Briefs High Courts

HP HC | Limitation of appeal to be kept in view while moulding the relief

Himachal Pradesh High Court: A Division Bench of Surya Kant, C.J. and Sandeep Sharma, J. dismissed a letters patent appeal finding no

Case Briefs Supreme Court

Principles for applicability “res judicata among co-defendants” re-iterated: SC

Supreme Court: A Bench comprising of N.V. Ramana and M.M. Shantanagoudar, JJ., dismissed an appeal filed against the judgment of a Division