https://www.taxtmi.com/caselaws?id=283768 The maintainability of a Letters Patent Appeal depends on the true nature of the proceeding and the relief sought, not on the label of the writ petition. Where a challenge under Article 226 seeks to annul a recommendation and the consequential FIR, and the direct effect is to prevent or continue criminal investigation or prosecution, the matter falls within criminal jurisdiction. Because Clause 10 of the Letters Patent excludes judgments rendered in exercise of criminal jurisdiction, no intra-court appeal lies in such a case. Authorities concerning civil rights and other writ contexts were distinguished as inapplicable on those facts, and the appeal was held not maintainable. en-us Tue, 21 Mar 2017 00:00:00 +0530 Mon, 11 Jul 2022 10:16:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=283768 The maintainability of a Letters Patent Appeal depends on the true nature of the proceeding and the relief sought, not on the label of the writ petition. Where a challenge under Article 226 seeks to annul a recommendation and the consequential FIR, and the direct effect is to prevent or continue criminal investigation or prosecution, the matter falls within criminal jurisdiction. Because Clause 10 of the Letters Patent excludes judgments rendered in exercise of criminal jurisdiction, no intra-court appeal lies in such a case. Authorities concerning civil rights and other writ contexts were distinguished as inapplicable on those facts, and the appeal was held not maintainable. Case-Laws Indian Laws Tue, 21 Mar 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=283768