Two Appellants approached the Patna High Court via Letters Patent Appeal challenging the Single Judge order dismissing an initiation of contempt petition against the State of Bihar and others. The Court held such an appeal is not maintainable, citing Supreme Court precedent.
Dismissed the Letters Patent Appeal for being non-maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1952 of 2015 In
Miscellaneous Jurisdiction Case No. 28 of 2013
======================================================
.... .... Appellant/s
Versus
.... .... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Surya Kant Mishra For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI)
2 28-01-2017 Delay of 11 days is condoned. I.A. No.8707 of 2015 is allowed.
Coming to the merits of the matter, the learned Single Judge has dismissed the application for initiation of contempt
Patna High Court LPA No.1952 of 2015 (2) dt.28-01-2017
2/2
against the respondents and it is this order of dismissal passed on 7.5.2015, which has been assailed.
Such an appeal is not maintainable against the order
concerned. LPA is misplaced. It is dismissed.
In this regard reference may be made to the decision of the Hon’ble Supreme Court in the case of D.N.Taneja v. Bhajan Lal, reported in 1988 SCC (Cri) 546.
(Ajay Kumar Tripathi, J)
(Nilu Agrawal, J)
U
1 issue framed by the court
Whether Letters Patent Appeal is maintainable against the Single Judge order dismissing the initiation of contempt proceedings.
Colour shows how this judgement treated each authority
D.N.Taneja v. Bhajan LalReferred¶27
1988 SCC (Cri) 546 · Who else cites this
Muni Kumari
Dharmendra Kumar
The State of Bihar
Ajay Kumar Tripathi
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
