Letters patent

Daljit Singh Mann (Querist) 23 March 2016 This query is : Resolved
Respected Advocates,
Please share your valuable view on the topic whether LPA is maintainable against the order passed by the single Judge in RSA where the single judge ignored the judgment of Apex Court while decided the RSA.
Thanks and have a meaningful day.

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Devajyoti Barman (Expert) 24 March 2016
If the particulate high court is governed by Letters Patent then LPA will lie.
Check the high court rules.
Unless the higher court decision is squarely applicable the lower court is not bound to consider it.

Rajendra K Goyal (Expert) 24 March 2016
Academic query, state facts of the problem if any.

Daljit Singh Mann (Querist) 24 March 2016
Thanks Barman ji and Rajendra ji.

Dr J C Vashista (Expert) 26 March 2016
Of course LPA is maintainable against the judgment of single judge of same High Court as per High Court Rules, which are by and large similar (with few execetions) in all the High Courts.
Read local High Court Rules and discuss with some local senior High Court lawyer.

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