Why is a Letters Patent Appeal called so? In High Courts in India, one can file an appeal called Letters Patent Appeal (LPA in short). LPAs are filed against a judgment of a single judge of the High Court and are decided by a bench of two/more judges of the same High Court. My question is: Why is Letters Patent Appeal called so? Where does it get the name?
Letters patent are instruments issued by the monarch to publicly grant some specific rights to some person(s) with the backing of the royal power. It is also where the word patent (in its intellectual property sense) comes from, since the monopoly of invention was only granted by the authority of the monarch via a letter patent. Another use of the letters patent is to constituting certain offices, particular those exercising the royal power, for example, the Governor General of Canada. Under the British system, the courts are thought to be the monarch exercising their power over the bench. Many High Courts of India were constituted by the British monarch during the colonial rul. The British Parliament allows the monarch to issue letters patent for such purposes in the 1861 High Courts Act. Their jurisdictions were specified by letters patent. One of such jurisdiction is the power for a High Court to hear appeals from the decisions of one of its justices. For example, in the letters patent establishing the High Court in Calcutta: Appeal from the Court a of original jurisdiction to the High Court in its appellate jurisdiction.- And We do further ordain that an appeal shall lie to the said High Court of Judicature at Fort William in Bengal from the judgment, in all cases of original Civil jurisdiction, of one or more Judges of the said High Court, or of any Division Court, pursuant to Section 13 of the said recited Act: Provided always that no such appeal shall lie to the High Court as aforesaid from any such decision made by a majority of the full number of Judges of the said High Court, but that the right of appeal in such case shall be to Us, Our heirs or successors, in Our or their Privy Council, in manner hereinafter provided. This clause grants appellate jurisdiction to the High Court over the High Court itself when the court makes a decision in its original jurisdiction (unless the decision was already made by the majority of the court's judges). Of course, India can establish its own courts now and the power comes from the Constitution (in particular arts. 226 and 227) instead of the monarch personally, although some letters patent remain legally in force. The Indian Parliament now regulates the High Courts according to the Constitution. But the term letters patent appeal remained, because the appellate jurisdiction came from the letters patent.
united-kingdom Yes. The landmark case in the UK is Pepper (Inspector of Taxes) v Hart, where the House of Lords*: established the principle that when primary legislation is ambiguous then, in certain circumstances, the court may refer to statements made in the House of Commons or House of Lords in an attempt to interpret the meaning of the legislation. Before this ruling, such an action would have been seen as a breach of parliamentary privilege *Strictly speaking, the Appellate Committee of the House of Lords, which functioned as the UK's highest court before the creation of the Supreme Court.
A judge can ask any question of anyone in their courtroom. A judge can make any comments they like in their courtroom. They're a judge! What they can't do is exhibit bias or the apprehension of bias or take irrelevant matters into account in making judicial decisions. The judge may have a wide and deep knowledge of driving conditions in India, however, that is irrelevant to an alleged speeding offence in the United States. If it appears that the judge took this into account in their decision then there are grounds for an appeal. Similarly, if it appears that the fact that you are Indian and the judge displays bias against (or towards) Indians then that is also grounds for an appeal. An appeal court will look at the entire circumstances of the case to determine if the decision should be overturned including what was said, what the judge decided and the reasons for the decision in the written judgement (if any).
Indian Constitution provides for a Federal government in which power of states and centres are clearly enunciated. If there is a dispute over any issue Supreme Court can decide whether State government is correct, or whether Central government is correct. Any law of Parliament affects the entire population of India, and so all states are affected by that law. If any state government considers that the law is not as per constitutional norms, it can easily go to the Supreme Court for decision. So, the observation of the Supreme Court that a state is bound by the law of Parliament, is incorrect. If an individual can file such a case, a state is also entitled to file it. The Supreme Court should decide it on the basis of merit. So I think the observation of Supreme Court in this case is not correct.
If you win a family court appeal in MS can you request another judge? You can always file a motion to recuse, perhaps with a rehearing with the chief judge afterwards. Without knowing the details of the reversal on appeal, though, it is impossible to identify whether the appellate opinion or the record of the case endorses/supports a finding of bias or other grounds for disqualification. These motions are hardly ever granted. See Pearl River Co. Board v. Mississippi, 289 So.3d 301, 308-309 (2020): In the absence of a judge expressing a bias or prejudice toward a party or proof in the record of such bias or prejudice, a judge should not recuse himself. [...] The burden [...] is a heavy one The bar for granting these motions is overly high not just on paper, but in reality there is also an element of judicial arrogance insofar as these motions are a form of firing a judge. Recusal can be meritorious in your case, yet be denied even by the chief judge and the appellate panel.
Usually a Supreme Court opnion has a single author, although often multiple Justices &quot;sign&quot; or &quot;join&quot; the opinion, meaning that those Justices agree with both the reasoning and the result. It is very common for ma Justice who is not the author to suggest specific wording for an opnion, anywhere from a single word to several paragrahs or even pages of writing. Such suggestions are not usually formally credited. However, in some cases an opinion is drafted by a committee of justices, with each taking one or more sections of the opinion. This may be done to speed up the drafting, or to make sure that the opinion will be acceptable to a wider ranger of the Justices, or for other reasons. The book The Brethren by Woodward and Armstrong describes several occasions when the Burger court used committee opinions, usually drafted by three Justices.
Is a response to a N5B section 21 accelerated claim required to be given on the dedicated form N11B? YES. Assuming this refers to an accelerated possession claim on property let on an assured shorthold tenancy in England then Rule 55.14 Civil Procedure Rules applies: A defendant who wishes to – (a) oppose the claim; or (b) seek a postponement of possession in accordance with rule 55.18, must file his defence within 14 days after service of the claim form. (2) The defence should be in the form set out in Practice Direction 55A. Practice Direction 55A, at Rule 1.5, states: [...) The defence must be in form N11, N11B, N11M or N11R, as appropriate. The use of must is well established in British law as meaning a non-optional obligation (unlike should). It is not, as far as I can see, defined by statute so the courts' convention is to use the normal meaning of the word by reference to the Oxford English Dictionary. The recently revised free online version has limited availability but the previous version merged with Dictionary.com which offers these examples: 1 to be obliged or bound to by an imperative requirement 2 to be under the necessity to; need to The use of must in Rule 1.5, by my reading, trumps the use of should in Rule 55.14 but Alice might be able to argue this apparent contradictory terminology as to why her case for her defence is submitted by letter rather than the prescribed form. What happens with this letter when it is received by the court...what happens with the case more generally? Does it get listed for a hearing? Do the contents of her letter reach or get considered by the judge? All that would be a matter for the court to decide and could go either way: a judge has the inherent power to deal with matters in his own court as he sees fit (within the limits of the law etc).
Because HRA1998 says so, but it's not an absolute limit and is subject to discretion by the court: (1)A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section 6(1) may— (a)bring proceedings against the authority under this Act in the appropriate court or tribunal, or (b)rely on the Convention right or rights concerned in any legal proceedings,but only if he is (or would be) a victim of the unlawful act. (5)Proceedings under subsection (1)(a) must be brought before the end of— (a)the period of one year beginning with the date on which the act complained of took place; or (b)such longer period as the court or tribunal considers equitable having regard to all the circumstances,but that is subject to any rule imposing a stricter time limit in relation to the procedure in question.