LETTERS OF PATENT-HIGH COURTS OF INDIA

A Letter of PATENT is the charter under which the concerned High Court is established in India. The powers given to a High Court under the Letters of Patent are akin to constitutional power of a High Court. Thus, when a Letter of patent grants powers to the High Court a power of appeal, against a judgment of a single judge, the right to entertain the appeal would not get excluded unless the statutory enactment concerned excludes an APPEAL under the Letters Patent.

Letters of Patent lies before a division bench from a judgment of a single bench judge in a civil writ petition under ARTICLE 226 of Indian Constitution.

The decision of the Division Bench rendered in a Letter of Patent Appeal will then be subject to appeal to the Supreme Court.

When the SPECIAL ACT sets out self –contained code, the applicability of the General Law procedure would be impliedly excluded, and the relevant provisions are:- Sec 104 (2) of Civil Procedure Code, 1908 and Clause 15 of the Letters of Patent , of the concerned High Court. An applicable case law is: - Upadhaya Hargovind Devshanker V. Dhirendrasinh Virdhadrasinhji Solanki (1988) 2 SCC 1.