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Judgment
In this Letters Patent Appeal, the questions raised are as follows:
In view of the scheme for administration of justice under the North East Frontier (Administration and Justice) Regulations, 1945 (in short, ''the Regulations''), whether the High Court can entertain Letters Patent Appeal if the decree is passed by a Single Judge of the High Court in a suit or a proceeding instituted within the territorial limits of the outlying Bench of Itanagar, Arunachal Pradesh?
Whether the High Court had, at any point of time, jurisdiction under Clause 15 of the Letters Patent of 1865, read with the Assam High Court Orders, 1948, to exercise powers of Letters Patent in respect of any matter arising within an area, where the Regulations have been in force?
In the absence of jurisdiction under the Letters Patent, whether the High Court, by virtue of Article 225 of the Constitution of India, can itself create the remedy of writ appeal if the cause of action arises within the territory of the State of Arunachal Pradesh, where the Regulations have been in force?
In view of the fact that the decision on the issues raised, in this case, may have far reaching consequences, this Bench is of the considered view that this appeal needs to be laid before the Hon''ble Chief Justice for consideration if the matter needs to be referred to a larger Bench.
The Registry is, therefore, directed to lay the matter before the Hon''ble Chief Justice for further necessary order.