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Kerala Kaumudi Online
Sunday, 21 April 2024 9.17 PM IST

Interim stay orders will remain even after six months; SC overturns 2018 judgement

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NEW DELHI: A five-judge constitution bench of the Supreme Court ruled that interim stay orders issued by high courts and trial courts will remain in effect even after six months. The directive of the bench chaired by Chief Justice DY Chandrachud is to reverse the 2018 judgment. This will also avoid the situation of having to extend the stay order after six months. The judgment was on the petitions filed by the Bar Association of Allahabad court.

The Constitution Bench also objected to the practice of the Supreme Court and the High Court instructing the lower courts to complete the trial within the stipulated time in certain cases. the bench discerned that such direction should be given only in exceptional circumstances as the circumstances of the cases are known only to the respective court.

It was also clarified that it is preferable to leave matters such as whether to give special consideration to any case to the judge of that court. The other members of the bench are Justices Abhay S. Oka, JB Pardiwala, Pankaj Mittal and Manoj Mishra.

  • The 2018 order of the three-judge bench of the Supreme Court was that if the interim strike period is not specifically mentioned in cases including civil and criminal, it will automatically be cancelled after six months.

  • The verdict was in the case given by Asian Resurfacing of Road Agency Pvt Ltd against CBI.
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TAGS: INTERIM STAY ORDERS, KERALA, SUPREME COURT, JUDGE, HIGHCOURT, TRIAL COURT
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