Skip to main content

Courts, Tribunals and Judiciary — High Courts — Letters Patent Appeal — When maintainable


When the order of Single Judge of High Court is not in exercise of ordinary original jurisdiction, but in exercise of writ jurisdiction, the principal question to be decided is whether the order of Single Judge is in substance one under Art. 226 of Constitution and not under Art. 227 of Constitution. If order of Single Judge is in substance one under Art. 226 of Constitution, regardless of nomenclature used by parties in the writ petition or by Single Judge in his order, then LPA to Division Bench is maintainable. What is important is to ascertain the true nature of order passed by the Single Judge. If order of Single Judge in substance is not under Art. 226, or cannot be one under Art. 226, but is one under Art. 227 of Constitution, again regardless of nomenclature, LPA to Division Bench is not maintainable. When order of Single Judge is under both Art. 226 and Art. 227 of Constitution, again regardless of nomenclature, LPA to Division Bench is maintainable. LPA not maintainable in writ petitions against judicial orders of civil court. LPA not maintainable in such cases, as Single Judge’s order in such cases can only be under Art. 227 of Constitution. Judicial order of civil court is only assailable under Art. 227 and is not amenable to writ jurisdiction under Art. 226 of the Constitution. Thus, LPA maintainable in writ petitions against orders of tribunals/authorities (other than civil courts) when Single Judge’s order is in substance under Art. 226. LPA is maintainable in such cases so long as Single Judge’s order in substance falls under Art. 226, either wholly or partially. Division Bench to which LPA is made, is required to ascertain whether facts justify assertions made in writ petition to invoke jurisdiction under Art. 227 or Art. 226 or under both/whether Single Judge exercised jurisdiction under Art. 227 or Art. 226 or under both having regard to nature, contour and character of his order. [Jogendrasinhji Vijaysinghji v. State of Gujarat, (2015) 9 SCC 1]
Labels:

Comments

Post a Comment

Popular posts from this blog

MACT - Permanent disability - calculate - compensation - Supreme Court - Part 2

1) C. K. Subramonia Iyer vs. T. Kunhikuttan Nair - AIR 1970 SC 376 2) R. D. Hattangadi vs. Pest Control (India) Ltd. - 1995 (1) SCC 551 3) Baker vs. Willoughby - 1970 AC 467 4) Arvind Kumar Mishra v. New India Assurance Co.Ltd. - 2010(10) SCALE 298 5) Yadava Kumar v. D.M., National Insurance Co. Ltd. - 2010 (8) SCALE 567) 5. The heads under which compensation is awarded in personal injury cases are the following : Pecuniary damages (Special Damages) (i) Expenses relating to treatment, hospitalization, medicines, transportation, nourishing food, and miscellaneous expenditure. (ii) Loss of earnings (and other gains) which the injured would have made had he not been injured, comprising : (a) Loss of earning during the period of treatment; (b) Loss of future earnings on account of permanent disability. (iii) Future medical expenses. Non-pecuniary damages (General Damages) (iv) Damages for pain, suffering and trauma as a consequence of the injuries. (v) Loss of ...
21 comments
Read more

Distinction between “Loss to the Estate” and “Loss of Estate”

A subtle but fundamental distinction between “Loss of Estate” and “Loss to the Estate” was discussed in Omana P.K. and others v. Francis Edwin and others (2011 (4) KLT 952). This Judgment was challenged before the Apex Court, which has now dismissed the Appeal. The question raised in this case, was whether a certain sum which the dependants received as compensation for untimely death of Judgment debtor in a motor accident is attachable in Execution Proceedings. In this case, Justice Thomas P. Joseph speaking for the Kerala High Court had held the following (relying on The Chairman, A.P.S.R.T.C, Hyderabad vs. Smt. Shafiya Khatoon and Others) Capitalized value of the income spent on the dependents, subject to relevant deductions, is the pecuniary loss sustained by the members of his family through his death. The capitalized value of his income, subject to relevant deductions, would be the loss caused to the estate by his death. In other words, what amount the dependents would have got le...
1 comment
Read more

Full & Final payment - No dues certificate - end of contract

Whether after the contract comes to an end by completion of the contract work and acceptance of the final bill in full and final satisfaction and after issuance a `No Due Certificate' by the contractor Supreme Court of India Supreme Court of India R.L. Kalathia & Co. vs State Of Gujarat on 14 January, 2011 Author: P Sathasivam Bench: P. Sathasivam, B.S. Chauhan IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3245 OF 2003 R.L. Kalathia & Co Appellant(s) Versus State of Gujarat .... Respondent(s) JUDGMENT P. Sathasivam, J. 1) This appeal is directed against the judgment and final order dated 07.10.2002 passed by the Division Bench of the High Court of Gujarat whereby the High Court set aside the judgment and decree dated 14.12.1982 passed by the Civil Judge, (S.D.), Jamnagar directing the State Government to pay a sum of Rs.2,27,758/- with costs and interest and dismissed the Civil Suit as well as cross objections filed by the a...
10 comments
Read more