LETTERS PATENT

INTRODUCTION

Today, we will talk about the concept of ‘Letters Patent’ and what it
means. We hear the term Letters Patent quite often but most of us may not
be familiar with its true purport and meaning. Let us understand the same.

MEANING

‘Letters Patent’ could be defined as “a document granting some right

or privilege, issued under governmental seal but open to public
inspection.” In Latin, it is also called as litrae patentes. Thus, Letters
Patent is a legal instrument that is published by the Government or in older
times, by the King or the Monarch, to establish offices, grant rights,
monopolies or titles to persons or corporations. The opposite of Letters
Patent is Letters Secret that are governmental documents issued to a
private person and are not available for public inspection.

The Letters Patent are documents or instruments that are formal in nature
and are provided to satisfy the minimum requirements of a particular
jurisdiction. Letters Patent are generally prevalent in Commonwealth
jurisdictions as the same are issued by the Monarch for specific purposes.

TYPES OF LETTERS PATENT

Now, let us understand the types of Letters Patent. The pertinent ones are:
-

a. Letters Patent appointing Chancellors, Commissioners, Ministers,

Justices, Counsels etc.

b. Letters Patent conferring various titles such as dukes and duchess, earl
and countess, viscount and viscountess, baron and baroness etc.

c. Letters Patent creating or constituting various Offices, Courts,

Corporations etc.

d. Letters Patent granting various rights, privileges, powers or status to

persons, corporations, offices etc.

e. Letters Patent removing or abolishing rights, titles, privileges, powers,

offices, persons from offices etc.

It is pertinent to note that even the concept of Patents in the domain of

Intellectual Property Rights (IPRs) also stems from the concept of Letters
Patent. Such patents grant exclusive rights in an invention or a design to a
person.

INDIAN PARLANCE

Let us now come to the Indian parlance. In the Indian Legal Context,
Letters Patent were inter alia used as instruments to constitute and create
High Courts by the Britishers in the pre-independence era. Various High
Courts such as the Bombay High Court, the Calcutta High Court, the
Madras High Court etc. were originally established through Letters Patent.

TYPES OF CLAUSES IN LETTERS PATENT ESTABLISHING HIGH

COURTS

In the Indian context, Letters Patent constituting High Courts usually

contained clauses relating to the following matters: -

a. Clauses establishing and constituting the Court and its First Judges.

b. Clauses containing various declarations, seals, appointments etc.

c. Clauses providing power to admit Advocates, Vakeels and Attorney.

d. Clauses specifying the types of jurisdictions that the High Court has such
as civil jurisdiction, criminal jurisdiction, extraordinary jurisdiction, admiralty
jurisdiction, testamentary and intestate jurisdiction, matrimonial jurisdiction
etc.

e. Clauses specifying Powers of judges.

f. Clauses providing the procedure and practice such as Civil Procedure

and Criminal Procedure.

g. Clauses relating to appeals.

h. Clauses providing the rules of evidence to be followed.

i. Clauses providing other powers such as power to call for records,

regulate proceedings, transfer cases, rules of hearing etc.

SUMMARY AND CONCLUSION

Thus, we see that Letters Patent are very comprehensive piece of

documents and serve myriad purposes. In conclusion, following important
points emerge with respect to Letters Patent: -
1. ‘Letters Patent’ is “a document granting some right or privilege,
issued under governmental seal but open to public inspection.”

2. There are various types of Letters Patent for conferring titles, appointing
officers, constituting offices, granting rights or privileges, removing offices
or officers etc.

3. Even the concept of Patents in the IPR regime originates from the
concept of Letters Patent.

4. In Indian context, Letters Patent were used to constitute various High

Courts in the pre-Independence era.

5. Letters Patent constituting High Courts contained various clauses

relating to jurisdiction, appointments, rules of evidence, appeals etc.

Therefore, I hope that the nature and the meaning of Letters Patent in
Indian as well as general context is clear by now.

Letters Patent
An appeal is generally made when a party is unhappy about the verdict that
has been arrived at. Through the appeals process, the chance for
redemption may present itself to the aggrieved party by way of the case
being retried. A Letters Patent Appeal, on the other hand, is an appeal that
is made by the petitioner (aggrieved party) against the decision of a single
judge to another bench in the same court.

The idea behind the Letters Patent Appeal is that judges could get their
verdicts wrong due to either a mistake of fact or a mistake of interpretation
of the law. The Letters Patent Appeal is the only remedy available to the
petitioner against the decision of a single judge in the High Court. In all
other respects, the remedy would lie with the Supreme Court.
Letters Patent Appeal and
Documents Required
The Contempt of Courts Act, 1971 tells us that an intra-court appeal is an
appeal filed before the High Court against the order of that particular High
Court itself. An inter-court order, on the other hand, is where an appeal is
filed in the Supreme Court against the order of the High Court. The time
limit for an intra-court appeal is 30 days, whereas the limit for an inter-court
appeal is 90 days.

Letters Patent Appeal is an intra-court appeal. In 1965, when the High

Courts in India were first created, the provision was made for this remedy.
While making the appeal, the requisite fee has to be submitted to the court
along with the following documents:-

 Certified copy of the judgement and decree appealed from.

 Certified copy of the certificate granted by the High Court.

 Certified copy of the order granting the aforesaid certificate.

However, it is to be noted that since the procedure for writs is likely to differ
from state to state, it is recommended to familiarise oneself with the Letters
Patent Rules applicable to the High Courts of that particular state.

Basis on which Appeal is made

Question of Law
In a situation where the case involves a substantial question of law, that is
to say, it affects the rights and duties of the parties involved, either directly
or indirectly, an appeal may be preferred.

Wrong Interpretation

Where there arises a situation wherein the Constitution has been

interpreted wrongly or where any legal provision has been wrongly inferred,
an appeal may be preferred.

Legal Provisions Involved in Letters

Patent Appeal

The legal provisions that involve the Letter Patents Appeal are the
provisions of Article 226 and 227 of the Indian Constitution.

Writs have been a form of security and armour in order to uphold the rights
and liberties of the people. Article 226 has bestowed upon the High Court
the power to issue directions, orders or writs in order to enforce
fundamental rights or any other purposes.

The party may enforce his legal right under Article 226 provided that he/she
is able to show sufficient interest in the subject matter at hand. The
principle for the same has been established by the Supreme Court in S. P.
Gupta vs. President of India where it held that –

“The traditional rule in regard to locus standi is that judicial redress is

available only to a person who has suffered a legal injury by reason of
violation of his legal right or legal protected interest by the impugned action
of the State or a public authority or any other person or who is likely to
suffer a legal injury by reason of threatened violation of his legal right or
legally protected interest by any such action. The basis of entitlement to
judicial redress is personal injury to property, body, mind or reputation
arising from violation, actual or threatened, of the legal right or legally
protected interest of the person seeking such redress.”

Article 227 lays down the power of superintendence of the High Court over
all other courts of law that are within its jurisdiction. In other words, the High
Court may –

 Call for returns from other courts.

 Issue general rules and prescribe the necessary forms.

 Prescribes the manner in which books and records are to be

maintained by those courts.

 Fees to be allowed to all the officers and other members of the court.

Cases Where Letters Patent

Appeal is not Maintainable

The Arbitration Act

Case → Conros Steel Co Ltd vs. Lu Qin (Hong Kong) Co Ltd

A three judge bench of the Bombay High Court noticed that an application
under Section 8 of the Act is an application under part I of the Arbitration &
Conciliation Act. This means that the bar under Section 37 of the Arbitration
& Conciliation Act would apply to an appeal from an order passed under
Section 8 of the Act. Thus, it was held that for an order passed under
Section 8 of the Act, the Letters Patent Appeal is not maintainable.

Criminal Proceedings

Clause XV of the Letters Patent lays down that any appeal can be made to
the High Court provided it is not a sentence or order passed or made in the
exercise of criminal jurisdiction. In other words, the Letter Patent Appeal is
not maintainable under criminal proceedings.

The letter patent appeal is a remedy that is provided to the party in the
instance where he/she is not satisfied with the decision of the High Court.
The Letter Patent Rules, however, may differ on a state to state basis.