Stay orders of High Courts will not automatically lapse after six months: SC
9 months, 3 weeks ago

Stay orders of High Courts will not automatically lapse after six months: SC

The Hindu  

The Supreme Court on February 29 said it could not unnecessarily fiddle with well-thought-out interim orders of High Courts staying criminal and civil proceedings. Chandrachud said the apex court had no power whatsoever to declare that a stay order passed by a High Court after due application of mind would automatically expire within six months. “Putting such constraints on the power of the High Court will also amount to making a dent on the jurisdiction of the High Courts under Article 226 of the Constitution, which is an essential feature that forms part of the basic structure of the Constitution,” Justice A.S. Oka, who authored the lead opinion, held. The five-judge Bench, in its verdict, further clarified that the apex court cannot “normally” fix time bound schedules for High Courts or trial courts to dispose of pending cases. The Bench highlighted that the top court’s seemingly invincible power under Article 142 of the Constitution to do “complete justice” did not extend to excessive interference in orders passed by High Courts after due consideration.

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History of this topic

25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest
1 day, 13 hours ago

25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest

Live Law  

The Supreme Court delivered several notable judgments in 2024 on the parameters for bail and powers of arrest. PMLA| ED Cannot Arrest On Grave Suspicion Alone; There Must Be Written Reasons To Believe That Accused Is Guilty : Supreme Court Case Title : Arvind Kejriwal v. Directorate of Enforcement | 2024 LiveLaw 463 Coram : Justice Sanjiv Khanna and Justice …

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court
1 week, 3 days ago

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court

Live Law  

The Bombay High Court bench of Justices Shailesh P. Brahme and S.G. Mehare has held that the jurisdiction of the High Court under Article 226/227 of the Constitution is not excluded from examining the validity of the interlocutory orders passed by the Arbitrator. S.B.P and Co. the Supreme Court has held that “the object of minimizing judicial intervention while the …

Supreme Court Seeks Responses From 6 States & HCs In Suo Motu Case Over Stay Orders Affecting Trials & Delay In Prosecution Sanctions
2 weeks ago

Supreme Court Seeks Responses From 6 States & HCs In Suo Motu Case Over Stay Orders Affecting Trials & Delay In Prosecution Sanctions

Live Law  

The Supreme Court today sought the response of 6 State Governments and their High Courts on the issue of adverse effects of stay orders in criminal trials and the delay in granting sanctions for criminal prosecution. A bench of Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar was hearing the Suo motu case regarding the adverse effect …

Supreme Court Stays Criminal Trial In Case Where Allahabad HC Failed To Pronounce Decision After 14 Months Since Reserving Orders
2 weeks, 4 days ago

Supreme Court Stays Criminal Trial In Case Where Allahabad HC Failed To Pronounce Decision After 14 Months Since Reserving Orders

Live Law  

The Supreme Court recently stayed criminal trial against an accused, taking into account his grievance that the High Court reserved judgment on his plea for quashing but did not deliver the same despite lapse of 14 months since the orders were reserved. "We do not know the exact reason as to why the learned Judge of the High Court, despite …

Supreme Court stays Himachal Pradesh High Court’s order on parliamentary secretary appointments
Trending News
1 month ago

Supreme Court stays Himachal Pradesh High Court’s order on parliamentary secretary appointments

India TV News  

In a significant legal development, the Supreme Court has partially stayed the Himachal Pradesh High Court’s order, which had annulled the appointment of six parliamentary secretaries in the state. The Himachal Pradesh government had filed an appeal against the High Court's order, which had declared the appointments of the six parliamentary secretaries as illegal, ruling that these positions violated constitutional …

In a special hearing, Supreme Court Bench expunges Punjab and Haryana High Court judge’s remarks against top court
4 months, 2 weeks ago

In a special hearing, Supreme Court Bench expunges Punjab and Haryana High Court judge’s remarks against top court

The Hindu  

A Bench led by Chief Justice of India D.Y. A video capturing the comments by Justice Rajbir Sehrawat of the Punjab and Haryana High Court, in court, was widely circulated on social media, compelling the Chief Justice of India to urge judges to exercise restraint and responsibility while making observations in the course of court proceedings. Although Attorney General R. …

They were unwarranted, scandalous: SC expunges HC judge's remarks against apex court
4 months, 2 weeks ago

They were unwarranted, scandalous: SC expunges HC judge's remarks against apex court

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday expunged the observations made by a single judge bench of the Punjab and Haryana High Court against the apex court in a contempt case, saying they were "scandalous" and "unwarranted".A five-judge bench headed by Chief Justice of India D Y Chandrachud, however, refused to initiate proceedings against Punjab and Haryana High Court Judge …

SC bench to hear Punjab HC’s criticism of its order
4 months, 2 weeks ago

SC bench to hear Punjab HC’s criticism of its order

Hindustan Times  

The Supreme Court on Tuesday took suo motu cognisance of an unusual order issued by a Punjab and Haryana high court judge, who criticised a stay order previously passed by the apex court while commenting that the Supreme Court tends to perceive itself as more “supreme” than it actually is and views high courts as being less “high” than they …

Punjab and Haryana HC criticises SC stay order, forcing top court to take suo motu cognisance
4 months, 2 weeks ago

Punjab and Haryana HC criticises SC stay order, forcing top court to take suo motu cognisance

New Indian Express  

NEW DELHI: In an unusual move, the Punjab and Haryana High Court has criticised a stay order issued by the Supreme Court, leading the top court to take suo motu cognisance of the matter. The case titled 'In Re: Order of Punjab and Haryana High Court Order of July 17, 2024 and Ancillary Issues' will be heard by a bench …

Supreme Court refuses to reverse High Court order staying Arvind Kejriwal’s bail
5 months, 4 weeks ago

Supreme Court refuses to reverse High Court order staying Arvind Kejriwal’s bail

Op India  

On Monday, the Supreme Court refused to grant immediate relief to Delhi Chief Minister Arvind Kejriwal in his bid to reverse the High Court’s interim stay on a bail order given by a lower court last week. In place of issuing an order on Kejriwal’s plea today, the Supreme Court chose to defer it till June 26 to await the …

Supreme Court stays High Court order to consider premature release of gangster-turned-politician Arun Gawli
6 months, 2 weeks ago

Supreme Court stays High Court order to consider premature release of gangster-turned-politician Arun Gawli

The Hindu  

The Supreme Court on June 4 stayed a Bombay High Court judgment directing the State of Maharashtra to grant gangster-turned-politician Arun Gulab Gawli, who is serving life imprisonment in a murder case, the benefit of a premature release policy. The Supreme Court issued notice to Gawli, who had successfully approached the Nagpur Bench of the High Court to get the …

Concerned With Trend Of HC Judges Keeping Judgment Reserved For Several Months After Hearing: CJI DY Chandrachud
8 months, 2 weeks ago

Concerned With Trend Of HC Judges Keeping Judgment Reserved For Several Months After Hearing: CJI DY Chandrachud

Live Law  

Chief Justice Of India, DY Chandrachud today expressed serious concerns about High Court judges reserving judgments on matters for long periods after completing the hearing.CJI said that after he wrote to High Court Chief Justices seeking information about the details of cases where judgments have been reserved for over three months, several High Court judges released those matters. Chief Justice …

No Automatic Vacation Of Stay Orders Of HCs On Civil & Criminal Trials : Supreme Court Overturns 'Asian Resurfacing' Judgment
9 months, 3 weeks ago

No Automatic Vacation Of Stay Orders Of HCs On Civil & Criminal Trials : Supreme Court Overturns 'Asian Resurfacing' Judgment

Live Law  

In a significant ruling, the Supreme Court on Thursday overturned its 2018 Asian Resurfacing judgment which mandated the interim orders passed by High Courts staying trials in civil and criminal cases will automatically expire after six months from the date of the order, unless expressly extended by the High Courts.The latest verdict, setting aside the earlier ruling, was handed. In …

Supreme Court Stays Allahabad HC Order Mandating Court Approval For Setting Up Educational Tribunals in UP
10 months, 3 weeks ago

Supreme Court Stays Allahabad HC Order Mandating Court Approval For Setting Up Educational Tribunals in UP

Live Law  

The Supreme Court on Tuesday stayed an Allahabad High Court order stipulating that the Uttar Pradesh Educational Service Tribunals should be established only after the permission of the High Court.“We find that the direction issued by the High Court, in effect requiring the State to establish Tribunal after taking leave of the Court, could not have been passed. The Supreme …

Supreme Court Doubts 'Asian Resurfacing' Judgment On Automatic Stay Vacation; Refers To 5-Judge Bench
1 year ago

Supreme Court Doubts 'Asian Resurfacing' Judgment On Automatic Stay Vacation; Refers To 5-Judge Bench

Live Law  

In a significant development, the Supreme Court on Friday expressed reservations about its 2018 judgment in Asian Resurfacing of Road Agency P. Ltd. Director V. Central Bureau of Investigation as per which interim orders of stay granted by High Courts and other courts in civil and criminal cases will automatically expire after a period of six months unless the orders …

Don’t hold up trials without stay order: HC to lower courts
1 year, 1 month ago

Don’t hold up trials without stay order: HC to lower courts

Hindustan Times  

The Punjab and Haryana high court has directed the lower courts in Punjab, Haryana and Chandigarh to continue with trial court proceedings unless there is a specific order of stay in the matter in question. The Punjab and Haryana high court has issued “specific directions” to the trial courts to continue with their proceedings unless a stay was granted on …

Supreme Court Deprecates High Courts Allowing Admission To Educational Institutions Through Interim Orders
1 year, 3 months ago

Supreme Court Deprecates High Courts Allowing Admission To Educational Institutions Through Interim Orders

Live Law  

The Supreme Court recently deprecated the practice of directing admission to educational institutions by way of interim orders, while considering a Special Leave Petition against an interim order of the Gujarat High Court that had directed the National Commission For Homeopathy to admit students in vacant seats of the Swanirbhar Homeopathic Medical College Sanchalak Mahamandal, an association. The Supreme Court …

Supreme Court Monthly Round-Up: July 2023
1 year, 4 months ago

Supreme Court Monthly Round-Up: July 2023

Live Law  

Judgment/Orders Supreme Court Grants Interim Protection To Teesta Setalvad For 7 Days ; Stays HC Order After Special Night Sitting Case title- Teesta Atul Setalvad v. State of Gujarat Citation-SLP Diary No. Order 41 Rule 22 CPC - Cross Objections Have All Trappings Of Regular Appeal ; Must Be Considered In Full : Supreme Court Case title: Dheeraj Singh vs …

Supreme Court orders immediate release of two Uttar Pradesh IAS officers from judicial custody
1 year, 8 months ago

Supreme Court orders immediate release of two Uttar Pradesh IAS officers from judicial custody

The Hindu  

The Supreme Court on April 20 directed the forthwith release of two senior IAS officers with the Uttar Pradesh administration, Shahid Manzar Abbas Rizvi and Sarayu Prasad Mishra, from judicial custody in a contempt of court case. A Bench headed by Chief Justice of India D. Y. Chandrachud, on an urgent mentioning by the Uttar Pradesh government, immediately stayed the …

Supreme Court Weekly Round Up (3rd April-9th April 2023)
1 year, 8 months ago

Supreme Court Weekly Round Up (3rd April-9th April 2023)

Live Law  

Judgements/Orders Case Title: Balu Sudam Khalde And Another Versus The State Of Maharashtra | Criminal Appeal No. IBC | Section 9 Petition Not To Be Dismissed If Few Invoices Are Time Barred But Remaining Invoices Are Not ; Supreme Court Case Title: M/S Next Education India Pvt. Case Title: Union of India v. All India Judges Association Citation: 2023 LiveLaw …

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer
1 year, 8 months ago

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer

Live Law  

In a significant order, a division bench of the Patna High Court has quashed and set-aside a decision of the Standing Committee of the High Court wherein the committee had imposed a punishment of permanent withdrawal of the entire pension of a retired Additional District and Sessions Judge after finding that he had passed judicial orders for extraneous considerations. In …

Supreme Court Half Yearly Round-Up -[January To June]
2 years, 2 months ago

Supreme Court Half Yearly Round-Up -[January To June]

Live Law  

Employee Who Refuses Promotion Offer Not Entitled To Financial Upgradation Merely Because She Suffered Stagnation : Supreme Court Case Title: Union of India v. Manju Arora Citation: 2022 LiveLaw 1 The Supreme Court observed that if a regular promotion is offered but is refused by the employee before becoming entitled to a financial upgradation, she/he shall not be entitled to …

Supreme Court Weekly Round Up: July 17 To July 23, 2022
2 years, 4 months ago

Supreme Court Weekly Round Up: July 17 To July 23, 2022

Live Law  

Supreme Court Judgements Opportunity Of Hearing Not Required To Be Afforded To Army Officers Before Suspending Them Pending Court Of Inquiry : Supreme Court Case Stat: Col. Vineet Raman Sharda vs Union of India | 2022 LiveLaw 606 The Supreme Court observed that opportunity of hearing is not required to be afforded to army officers before suspending them pending the …

SC Stays Proceedings Before HCs in Matters Involving Challenges to IT Rules
2 years, 7 months ago

SC Stays Proceedings Before HCs in Matters Involving Challenges to IT Rules

News 18  

The Supreme Court Monday stayed further proceedings before the high courts in matters involving challenges to the Information Technology Rules 2021 or Cable TV Networks Rules 2021. We direct stay of further proceedings pending before the high courts in the respective cases or to be filed hereafter until the next date of hearing involving a challenge to the IT Rules …

Supreme Court Refuses To Apply Automatic Stay Vacation Direction In 'Asian Resurfacing' Judgment To Interim Stay In Writ Proceedings
2 years, 7 months ago

Supreme Court Refuses To Apply Automatic Stay Vacation Direction In 'Asian Resurfacing' Judgment To Interim Stay In Writ Proceedings

Live Law  

The Supreme Court refused to apply the dictum of automatic vacation of stay in Asian Resurfacing of Road Agency Private Limited and Another v. Central Bureau of Investigation 16 SCC 299 to an order passed by High Court in writ proceedings.In this case, a division bench of a High Court stayed operation of the order passed by the Single Judge …

Why appointing Supreme Court, high court judges through closed-door collegiums is flawed | OPINION
2 years, 10 months ago

Why appointing Supreme Court, high court judges through closed-door collegiums is flawed | OPINION

India Today  

Independence of judiciary is an essential feature not only for the Constitution of India, but for every country governed by the rule of law. According to constitutional provision, the President appoints judges of the Supreme Court and high courts “after consultation” with the members of judiciary. In the First Judges case of 1981, the Supreme Court held that the ‘consultation’ …

Entire Service Record To Be Considered For Order Of Premature Retirement, Though Recent ACRs Carry Weight : Supreme Court
2 years, 10 months ago

Entire Service Record To Be Considered For Order Of Premature Retirement, Though Recent ACRs Carry Weight : Supreme Court

Live Law  

The Supreme Court has held that an order of premature retirement is required to be passed on the basis of entire service records.The recent reports would carry their own weight, the bench comprising Justices Hemant Gupta and V. Ramasubramanian added. The Supreme Court has held that an order of premature retirement is required to be passed on the basis of …

Supreme Court Disapproves Rajasthan High Court's Restrictions On Power Of Arrest & Listing Of Bail Applications During Lockdown
3 years, 2 months ago

Supreme Court Disapproves Rajasthan High Court's Restrictions On Power Of Arrest & Listing Of Bail Applications During Lockdown

Live Law  

The Supreme Court on Wednesday expressed disapproval of the order of the Rajasthan High Court which had restrained the police from arresting accused persons if they are accused only of offences with maximum sentence up to three years imprisonment till July 17, 2021 in view of the pandemic and lockdown situations. The impugned High Court order passed by a single …

Supreme Court Expresses Concerns Of Judicial Propriety, Discipline Over P&H High Court Entertaining Fresh Plea When Proceedings Before It Pending
3 years, 3 months ago

Supreme Court Expresses Concerns Of Judicial Propriety, Discipline Over P&H High Court Entertaining Fresh Plea When Proceedings Before It Pending

Live Law  

Noting that where the proceedings are pending before it and instead of pursuing them to the logical conclusion, the party chose to institute a fresh writ petition before the Punjab and Haryana High Court, which the High Court has entertained, the Supreme Court expressed concerns of judicial propriety and discipline. "Despite the fact that this court is seized of the …

Extension of Interim Orders Shall Not Continue Beyond July 15: Madras High Court
3 years, 5 months ago

Extension of Interim Orders Shall Not Continue Beyond July 15: Madras High Court

Live Law  

The Madras High Court on Monday clarified that its earlier orders extending the life of interim orders due to the ongoing Covid-19 pandemic shall not continue beyond July 15. The orders were passed pursuant to the initiation of suo moto proceedings by the Court in Re: Extension of Remand and Interim Orders. A Division Bench comprising Chief Justice Sanjib Banerjee …

COVID Lockdown : Kerala High Court Extends Interim Orders Till June 15; Stays Enforcement Of Cheque Case Judgments
3 years, 6 months ago

COVID Lockdown : Kerala High Court Extends Interim Orders Till June 15; Stays Enforcement Of Cheque Case Judgments

Live Law  

Taking note of the extension of the lockdown in the State of Kerala till June 9, the Kerala High Court has extended the life of interim orders till June 15. A 3-judge bench comprising Chief Justice S Manikumar, Justices CT Ravikumar and Shaji P Chaly passed the order.Earlier, on May 19, the Court had extended interim orders till May 31. …

Doctrine Of Impossibility Applicable To Court Orders; Possibility Of Implementation Should Be Considered : Supreme Court
3 years, 7 months ago

Doctrine Of Impossibility Applicable To Court Orders; Possibility Of Implementation Should Be Considered : Supreme Court

Live Law  

"Doctrine of impossibility is applicable to Court orders as well", said the Supreme Court on Friday stayed the directions issued by Allahabad High Court on May 17 for upgradation of medical facilities in the State of Uttar Pradesh on a war-scale footing. "Doctrine of impossibility is applicable to Court orders as well", said the Supreme Court on Friday said the …

'You Can't Tell Us Supreme Court Has Passed An Order, SC Alone Will Deal With It' : Delhi High Court Tells Centre's Counsel On Oxygen Issue
3 years, 7 months ago

'You Can't Tell Us Supreme Court Has Passed An Order, SC Alone Will Deal With It' : Delhi High Court Tells Centre's Counsel On Oxygen Issue

Live Law  

The Delhi High Court on Monday refused to accept an argument made by the Centre that the High Court cannot deal with the issue of shortage of medical oxygen as Supreme Court has taken congiznace of the same. The bench also said that the High Court was duty bound to follow the Supreme Court directions. During the hearing, Senior Advocate …

'We Never Stalled High Courts From Proceeding' : Supreme Court Expresses Displeasure Over Criticism Against Suo Moto Case On COVID
3 years, 8 months ago

'We Never Stalled High Courts From Proceeding' : Supreme Court Expresses Displeasure Over Criticism Against Suo Moto Case On COVID

Live Law  

On the last working day of the outgoing Chief Justice of India SA Bobde, a bench led by him expressed displeasure at the criticism levelled by the senior lawyers against the suo moto case taken by the Supreme Court on COVID19 related issues.The bench, also comprising Justices L Nageswara Rao and S Ravindra Bhat, said that there was no intention …

SC stays court order on lockdown in 5 UP districts
3 years, 8 months ago

SC stays court order on lockdown in 5 UP districts

Hindustan Times  

The Supreme Court on Tuesday stayed the Allahabad high court order on virtually imposing a lockdown in the five worst Covid-19 hit districts of the state for at least two to three weeks. A bench, headed by Chief Justice of India SA Bobde, ordered an interim stay after the state government moved an appeal against the high court order passed …

Supreme Court Stays Order Sentencing Major General of Indian Army And Defence Estates Officer To Civil Imprisonment
3 years, 9 months ago

Supreme Court Stays Order Sentencing Major General of Indian Army And Defence Estates Officer To Civil Imprisonment

Live Law  

The Supreme Court on Thursday stayed the execution of an order sentencing a Major General of Indian Army and Defence Estates officers to civil imprisonment for 2 months for alleged violation of a decree in a civil suit.A three-judge Bench of CJI Bobde, Justice Bopanna and Justice Ramasubramanian passed the order after a mentioning was made by Solicitor General Tushar …

HC's Power To Grant Interim Relief, Stay On Coercive Steps To Protect Personal Liberty Must Be Preserved Subject To Guidelines: Supreme Court
3 years, 9 months ago

HC's Power To Grant Interim Relief, Stay On Coercive Steps To Protect Personal Liberty Must Be Preserved Subject To Guidelines: Supreme Court

Live Law  

"When the Bombay High Court closed the door, we opened it and we said that it cannot be shut completely. In the Arnab Goswami decision, penned by Justice Chandrachud, the top court had noted that the Bombay High Court's reliance on Jeelani was misplaced as the ruling in Jeelani arose in a situation where the High Court had declined to …

'Liberty Is So Precious; But We Must Give A Sense Of Responsibility To High Courts' : SC On 'Routine' Stay Orders Under Section 482 CrPC
3 years, 9 months ago

'Liberty Is So Precious; But We Must Give A Sense Of Responsibility To High Courts' : SC On 'Routine' Stay Orders Under Section 482 CrPC

Live Law  

The Supreme Court on Tuesday expressed concern regarding the rising trend among High Courts across the country to routinely grant interim relief by way of a stay on any coercive action pending a writ petition or a plea under section 482, CrPC for quashing of criminal proceedings. While granting time for the filing of a reply affidavit with additional documents, …

Supreme Court Stays Disciplinary Proceedings Against Labour Judge, Issues Notice To Madras High Court
3 years, 9 months ago

Supreme Court Stays Disciplinary Proceedings Against Labour Judge, Issues Notice To Madras High Court

Live Law  

Supreme Court has on Tuesday issued notice in plea filed by a Labour Court Judge against disciplinary proceedings against him ordered by the Madras High Court. A three Judge Bench of CJI Bobde, Justice Bopanna and Justice Ramasubramanian has also ordered a stay on impugned order of the High Court dated 25th Aug 2020 whereby HC had refused to quash …

[Breaking] All Stay Orders On Civil/Criminal Proceedings Passed By Courts, Including HCs, To Automatically Expire Within 6 Months Unless Extended For Good Reasons: SC [Read Order]
4 years, 2 months ago

[Breaking] All Stay Orders On Civil/Criminal Proceedings Passed By Courts, Including HCs, To Automatically Expire Within 6 Months Unless Extended For Good Reasons: SC [Read Order]

Live Law  

The Supreme Court has reiterated that whatever stay has been granted by any court including the High Court on civil or criminal proceedings will automatically expire within a period of six months, unless an extension is granted for good reason within the next six months.The bench headed by Justice RF Nariman, said that the High Courts are subordinate judicially to …

SC Sets Aside HC's Interim Bail on Medical Grounds to Ex-UP Minister Gayatri Prasad Prajapati in Gang-rape Case
4 years, 2 months ago

SC Sets Aside HC's Interim Bail on Medical Grounds to Ex-UP Minister Gayatri Prasad Prajapati in Gang-rape Case

News 18  

The Supreme Court on Thursday set aside Allahabad High Court's order which granted interim bail for two months on medical grounds to former Uttar Pradesh minister Gayatri Prasad Prajapati — accused in a gang rape case. A bench headed by Justice Ashok Bhushan allowed the appeal filed by the UP government and said that the September 3 order of high …

Exceptional Circumstances Allow Extending Stay Beyond Six Months in Crucial Cases
6 years, 8 months ago

Exceptional Circumstances Allow Extending Stay Beyond Six Months in Crucial Cases

Live Law  

The Supreme Court has issued a judgment that will affect all pending cases where stay against proceedings of a civil or criminal trial is operating. The court has ruled that the same will end on expiry of six months from today unless in an exceptional case by a speaking order such stay is extended. The speaking order must show that …

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