Active Stocks
Thu Apr 18 2024 14:45:29
  1. Tata Steel share price
  2. 160.80 0.47%
  1. Power Grid Corporation Of India share price
  2. 279.95 2.04%
  1. Infosys share price
  2. 1,423.90 0.65%
  1. NTPC share price
  2. 354.55 -1.31%
  1. Wipro share price
  2. 447.50 -0.25%
Business News/ News / India/  Supreme Court rules against automatic vacation of stay orders of trial courts after six months
BackBack

Supreme Court rules against automatic vacation of stay orders of trial courts after six months

A five-judge Constitution Bench headed by Chief Justice D Y Chandrachud overturned the 2018 judgment on the automatic vacation of stay orders on Thursday and emphasised that timeline for case disposal can only be fixed in exceptional circumstances

Supreme Court of India (HT File) (HT_PRINT)Premium
Supreme Court of India (HT File) (HT_PRINT)

The Supreme Court of India ruled against automatic vacation of stay orders granted by a lower court or high court after six months in civil and criminal cases.

A five-judge Constitution Bench headed by Chief Justice D Y Chandrachud overturned the 2018 judgment on the automatic vacation of stay orders on Thursday and emphasised that timeline for case disposal can only be fixed in exceptional circumstances.

The bench pronounced two separate but concurring judgments.

Patanjali pulled up by the SC: Truth matters in advertising

"The constitutional courts should not lay down a timeline to decide cases since grassroots issues are known to concerned courts only and such orders can be passed in exceptional circumstances only," said Justice A S Oka.

"There cannot be an automatic vacation of stay," said Justice Oka, who wrote the judgment for himself, the CJI, and justices J B Pardiwala and Manoj Misra.

Justice Pankaj Mithal wrote a separate but concurring judgment in the case.

The top court had on December 13, 2023, reserved its judgment in the case after hearing senior advocate Rakesh Dwivedi, who appeared for the High Court Bar Association of Allahabad, Solicitor General Tushar Mehta, and other lawyers on the issue.

The top court had on December 1 last year referred to a five-judge bench its 2018 judgment for reconsideration.

The previous judgment said the stay granted by a lower court or high court in civil and criminal cases will automatically expire after six months unless extended specifically.

In its 2018 verdict in the case of Asian Resurfacing of Road Agency P Ltd Director Vs CBI, a three-judge bench had held that the interim order of stay granted by courts, including high courts, will stand vacated automatically unless they are specifically extended.

Consequently, no trial or proceedings can remain stayed after six months. However, the top court later clarified that the judgment would not be applicable if the stay order was passed by it.

(PTI inputs)

Unlock a world of Benefits! From insightful newsletters to real-time stock tracking, breaking news and a personalized newsfeed – it's all here, just a click away! Login Now!

Catch all the Business News, Market News, Breaking News Events and Latest News Updates on Live Mint. Download The Mint News App to get Daily Market Updates.
More Less
Published: 29 Feb 2024, 11:54 AM IST
Next Story footLogo
Recommended For You
Switch to the Mint app for fast and personalized news - Get App