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Is Abolition of Letters Patent Appeal Ultra Vires?

By R. K. Pandey

Published In

Air 1981

Our State Legislature has brought on the Statute Book recently an Act, abolishing the Letters Patent Appeals, so far available under Clause 10 of the Nagpur High Court Letters Patent. It is Act No. 29 of 1981 first published in M. P. Raj Patra Extraordinary dated 1-7-1981 at page 1152. It recites that it has been assented to by the Preident of India. This has come into force from 1-7-1981 itself and purports to abolish appeal from judgment or order made in exercise of original or first appellate jurisdiction, by one judge of the High Court, whether arising from a suit or other civil proceeding including a writ petition, instituted or commended whether prior or subsequent to the commencement of this Act, notwithstanding anything contained in Clause 10 of the Letters Patent of His Majesty dated 2nd day of January, 1936. It may be recalled that the Letters Patent constituting the High Court of Judicature at Nagpur in the Central Provinces was issued on the above date, by His Ma ....

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