Any stay: Valid only for 6 months

#GS2 Judiciary #Laws

 

Any stay on civil or criminal proceedings is valid for a period of six months, beyond which the trial will resume, the Supreme Court held in order.

 

Verdict

  • “Whatever stay has been granted by any court, including the High Court, automatically expires within a period of six months,”
  • "An extension of the stay has to be granted only for a “good reason.”

 

2013 Judgement

  • The Bench was reiterating a 2013 judgment in the Asian Resurfacing of Road Agency Pvt. Ltd case.
  • “The speaking order must show that the case was of such exceptional nature that continuing the stay was more important than having the trial finalized,”.

 

Call to Magistrates

  • We must remind the magistrates all over the country that in our pyramidical structure under the Constitution of India, the Supreme Court is at the apex and the High Courts.
  •  Though not subordinate administratively, High Courts are certainly subordinate judicially.
  • We expect that the magistrates all over the country will follow our order in letter and spirit,” – Supreme Court observed.

 

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