AI Overview...
Is LPA Allowed against Interim Orders?
- LPA Permissibility and Outcomes:
- Letters Patent Appeals (LPA) are allowed against interim orders in certain cases, with courts sometimes setting aside interim relief or modifying orders based on the merits of the appeal. For example, in MAXIMUS ARC LIMITED VS SRI DEVI KARUMARIAMMAN EDUCATIONAL TRUST - Supreme Court, the LPA was partly allowed, and the interim order was set aside.
-
Similarly, in Bimlendu Kumar Chatterjee VS Dipa Chatterjee - Supreme Court, the court allowed the appeal and set aside an earlier interim order, indicating courts can review and modify interim relief through LPA.
-
Legal Framework and Judicial Practice:
- Courts have upheld the maintainability of LPAs against interim orders, especially when the appeal involves the correctness or legality of the interim relief granted or withheld (Smt. Pallavi VS Shri Raj Kamal - Jharkhand, Dr. Meera Sood VS University Of Delhi - Delhi).
-
In IN THE MATTER OF : M/S KAVERI INFRASTRUCTURE PVT. LTD. VS DELHI JAL BOARD - Delhi, the court dismissed the petition, reaffirming that interim orders can be challenged and reviewed via LPA.
-
Interim Relief and Final Orders:
- Courts often grant interim relief during the pendency of an appeal and may vacate or modify such relief upon hearing the LPA (Punjab State Electricity Board VS Thana Singh - Supreme Court, Surinder Kumar VS Union of India - Jammu and Kashmir).
-
The courts maintain that interim orders are subject to appellate scrutiny, and LPAs serve as a proper remedy to contest such orders.
-
Analysis and Conclusion:
- Main Point: LPAs are permissible against interim orders, and courts have exercised this right to either uphold, modify, or set aside such orders based on the circumstances.
- Insight: The courts’ approach emphasizes the importance of judicial review of interim relief to ensure justice and correctness in the final outcome.
- References: Multiple cases (MAXIMUS ARC LIMITED VS SRI DEVI KARUMARIAMMAN EDUCATIONAL TRUST - Supreme Court, Bimlendu Kumar Chatterjee VS Dipa Chatterjee - Supreme Court, Smt. Pallavi VS Shri Raj Kamal - Jharkhand, Dr. Meera Sood VS University Of Delhi - Delhi, IN THE MATTER OF : M/S KAVERI INFRASTRUCTURE PVT. LTD. VS DELHI JAL BOARD - Delhi) demonstrate the acceptability and practice of challenging interim orders via LPAs.
Summary: LPAs are allowed against interim orders, and courts routinely entertain such appeals to review, modify, or set aside interim relief, ensuring judicial oversight and fairness in ongoing proceedings.
Search Results for "Is Lpa Allowed against Interim Order"
2019 6 Supreme 101 • India - Supreme Court
DEEPAK GUPTA, SURYA KANT
The 1st respondent filed Letters Patent Appeal (LPA), which has been allowed, the interim order has been set aside and the matter ... ... The Single Judge passed an order of interim injunction restraining ... ... Result : Appeal partly allowed. ... Aggrieved by the said order, the 1st respondent filed Letters Patent Appeal (LPA), wh....
2009 0 Supreme(Del) 872 • India - Delhi
HIMA KOHLI
Constitution of India, 1950 Articles 14 & 226 - Quashing of the order debarring and blacklisting - Investigations carried out by ... the other - petitioner company was afforded an opportunity to . show cause and was granted a hearing before passing the impugned order ... Aggrieved by the aforesaid interim order, the DJB preferred an intra-court appeal, registered as LPA No.524/2008, which was al....
2001 7 Supreme 83 • India - Supreme Court
D.P.MOHAPATRA, SHIVARAJ V.PATIL
In the result, the appeal is allowed. The order dated 6th November, 2000 in LPA No. 358/97(R) is set aside. ... by High Court reviving interim order in ignorance that LPA has been disposed of-Whether proper? ... (No)- What will be appropriate order-Stated based on humanitarian approach-Appeal allowed accordingly. ... In the result, the appeal is #HL_ST....
2019 1 Supreme 114 • India - Supreme Court
R.BANUMATHI, INDIRA BANERJEE
... Result: Appeal allowed. ... ... The Single Judge allowed the writ petition. ... Subsequently, by an order dated 03.10.1990, the pay scale of Head Clerks was revised from Rs.1640-2925 to Rs.2000-3500. ... Pursuant to the interim order of the Supreme Court, if any amount over and above the salary payable has been paid, the same may not ... of 2010 is set aside and this appeal is allowed#HL_E....
2007 0 Supreme(Jhk) 901 • India - Jharkhand
M.KARPAGAVINAYAGAM
of incorrect statement made by husband – such order is not permissible either u/A 226 or 227 – LPA maintainable – appeal allowed ... Hindu Marriage Act, 1955 – Section 24 – Order for maintenance pendente lite and cost of litigation – interim order passed on basis ... Therefore, appeal is allowed. Consequently, order dated 24.07.2007 passed by learned S....
2001 6 Supreme 496 • India - Supreme Court
BRIJESH KUMAR, M.B.SHAH
(No)-Effect-Impugned order of High Court in LPA set aside with certain directions-Appeal allowed accordingly. ... staying operation of interim relief and in setting aside status quo order? ... The appeal stands allowed with no order as to costs. ... The appeal stands allowed with no order as to costs. ... (N.K.R.) Appeal #HL_....
2018 0 Supreme(J&K) 786 • India - Jammu and Kashmir
Final Decision: The court dismissed one appeal and allowed another, directing the official respondents to complete the selection ... In view thereof, LPA No. 160/2018 is dismissed and LPA No. 174/2018 is allowed. ... The interim order dated 17th April 2013 is hereby vacated. ... 39. ... The interim order dated 9th January 2014, the respondents directe....
2021 0 Supreme(Del) 1489 • India - Delhi
V. KAMESWAR RAO
The Division Bench in LPA No. 491/2019 vide order dated July 30, 2019, allowed interim relief while recording that the issue raised ... The Division Bench vide order dated May 31, 2019, disposed of the LPA No. 411/2019 by granting interim protection in as much as the ... University of Delhi and Ors.) against the order dated May 22, 2019, of this Court ....
2009 0 Supreme(Del) 875 • India - Delhi
HIMA KOHLI
order—Petitioner not entitled to any relief—Petition dismissed. ... against petitioner—Non-observance of time frame stipulated in the judgment cannot lead to striking down of impugned order—Accusation ... of discrimination made by petitioner already taken care of by DJB—No ambiguity in impugned order—No interference called for in impugned ... Aggrieved by the aforesaid interim order, the DJB preferred an ....
2011 0 Supreme(Pat) 1817 • India - Patna
KISHORE K.MANDAL
No. 83 of 2007 challenging the order allowed–S.L.P. before the Supreme Court dismissed–Corporation resisting the claim applying the ... petitioners on the ground of the corporation being under financial crunch is also not tenable–Writ petitions allowed–respondent–Corporation ... principle of 'no work no pay'–the respondent-corporation was required to implement the order passed in L.P.A. 83/07–it could have ... It is thus c....
Filter by Legal Phrase
