SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2013 Supreme(Guj) 8

BHASKAR BHATTACHARYA, J.B.PARDIWALA
REVABEN WD/O AMBALAL MOTIBHAI – Appellant
Versus
VINUBHAI PURSHOTTAMBHAI PATEL – Respondent


Advocates:
Advocate Appeared:
MRS KETTY MEHTA, ADVOCATE with MS ARCHANA R ACHARYA, for appellant
MR AJ PATEL with MR SHITAL PATEL for respondent No.9
MR MIHIR THAKORE, SR. COUNSEL withMR PARTHIV B SHAH, ADVOCATE for the Respondent No. 10
MS KRINA CALLA, ASST. GOVT. PLEADER for the Respondents No. 11 - 12
RULE SERVED BY DS for the Respondents No. 1 8
MR MIHIR THAKORE, SR. COUNSEL with MR. PARTHIV B SHAH, ADVOCATE for the appellant
MS KRINA CALLA, ASST. GOVT. PLEADER for the Respondents No. 1, 19
MRS KETTY MEHTA, ADVOCATE with MS ARCHANA R ACHARYA for respondents No.9 to 16
MR AJ PATEL with MR SHITAL PATEL for respondent No.18
RULE SERVED by DS respondents No. 2 to 8 and 17
MR ANSHIN H DESAI for appellant
MR U I VYAS for respondent No.1
NOTICE NOT RECEIVED BACK FOR respondent No.2
NOTICE served for respondent No.3

JUDGEMNT

(PER : HONOURABLE THE CHIEF JUSTICE MR.BHASKAR BHATTACHARYA)

1. All these Letters Patent Appeals were heard analogously for the purpose of deciding a preliminary objection raised by the respondents that these appeals are not maintainable under Clause 15 of the Letters Patent in view of the fact that the learned Single Judge really exercised jurisdiction under Article 227 of the Constitution of India. According to the learned counsel appearing on behalf of the respondents, if a learned Single Judge of this Court, in substance, exercises jurisdiction under Article 227 of the Constitution of India, the same is not appealable under Clause-15 of the Letters Patent. According to those learned counsel, only if, the learned Single Judge exercises original jurisdiction under Article 226 of the Constitution of India, in that event, a Letters Patent Appeal under Clause-15 of the Letters Patent is maintainable and not otherwise.

2. Before we proceed to decide the aforesaid question, it will be profitable to refer to the facts in which these four Letters Patent Appeals have been preferred.

2.1 LETTERS PATENT APPEAL NO. 1220 OF 2012:

This Letters Patent Appeal is at the instance of the unsu































































































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top