appeals under Letters Patent.
There is nothing to show that Letters Patent in any way
excludes or overrides the application of section 104 read
with ... judgment' as used in clause 15 of
the Letters Patent because the Letters Patent has advisedly
not used the terms 'order
institution designated by such Court is final and no appeal including Letters Patent Appeal shall lie against such decision
Patna High Court whereby a Division Bench of that Court dismissed letters patent
appeals preferred by the appellants herein against that part of the judgment ... valid. By the same judgment, the Division Bench allowed letters
patent appeals preferred by the State of Bihar and set aside that part of judgment
Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.500 of 2016
IN
Civil Writ Jurisdiction Case ... Road, Patna,
District - Patna.
.... Respondent no. 4 .... Respondent 2nd set.
with
=========================================================
Letters Patent Appeal No. 1237 of 2015
IN
Civil Writ Jurisdiction Case
Tripathi , Nilu Agrawal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.535 of 2017
In
Civil Writ Jurisdiction Case No.11550 ... Versus
The State Of Bihar & Ors
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 111 of 2018
In
Civil Writ Jurisdiction Case No.14313
appellants
filed an appeal under clause 15 of the Letters Patent. When the
Letters Patent Appeal came up for hearing before the Division Bench ... Letters Patent Bench considered the various decisions of the
Supreme Court as well as of this High Court including Clause 15 of
the Letters Patent
Letters Patent
1929 (Bombay).
HEADNOTE:
Clause 15 of the Letters Patent, Bombay, in its finally
amended and operative form (January 1929) provided that an
appeal ... Letters Patent issued in 1862 were revoked and
replaced by Letters Patent dated December 28, 1865. Clause
15 of the new Letters Patent
Letters Patent to the High
Court. It follows that, if the Act had not taken away the Letters Patent
appeal, an appeal shall certainly ... ambit and sweep
of the Letters Patent.
(b) The power conferred on the High Court by the Letters Patent can be
abolished or curtailed
under the Letters Patent. On the other hand, the Allahabad High Court took a
different view and held that a letters patent appeal was barred ... clause of the Letters
Patent of the High Court.
5. Since section 104(1) CPC specifically saves the letters
patent appeal it could only
learned
Single Judge on 25th April, 1991. Respondent thereafter
preferred Letters Patent Appeal No. 24 of 1991 before the
Division Bench of the High Court ... India and hence was not
maintainable under Clause 15 of the Letters Patent Appeal.
In order to support this contention, he took