Supreme Court Refuses To Apply Automatic Stay Vacation Direction In 'Asian Resurfacing' Judgment To Interim Stay In Writ Proceedings
2 years, 10 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 in a writ petition. 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. By filing a miscellaneous application before the Supreme Court in the case of Asian Resurfacing of Road Agency Private Limited and Another v. Central Bureau of Investigation, the writ petitioner sought clarification that the order passed in the said judgment would apply to the facts of this case. Case details Asian Resurfacing of Road Agency Private Limited vs Central Bureau of Investigation | 2022 LiveLaw 440 | MA 706 OF 2022 | 25 April 2022 Coram: Justice KM Joseph and Hrishikesh Roy Counsel : Adv Sakshi Kakkar for the applicant, ASG Vikramjeet Banerjee for respondent Headnotes Constitution of India, 1950 ; Article 226 - Whether 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 applicable to an interim order of stay passed by High Court in writ proceedings - The order of stay granted by the Division Bench in the High Court cannot be treated as having no force - This Court cannot be understood as having intended to apply the principle to the fact situation which is presented in this case.

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History of this topic

Supreme Court Seeks Responses From 6 States & HCs In Suo Motu Case Over Stay Orders Affecting Trials & Delay In Prosecution Sanctions
3 months, 1 week 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 Initiates Suo Motu Case On Adverse Effects Of Stay Orders On Criminal Trials
3 months, 2 weeks ago

Supreme Court Initiates Suo Motu Case On Adverse Effects Of Stay Orders On Criminal Trials

Live Law  

The Supreme Court has initiated a suo motu case regarding the adverse effect of stay orders passed by appellate courts on criminal trials.A bench of Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar will hear the suo motu case on Monday.The case is titled "In Re : Adverse Effect of Stay Orders Granted By Appellate Courts On …

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

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

Automatic Stay Vacation - Reference Against 'Asian Resurfacing' : Live Updates From Supreme Court Hearing
1 year, 3 months ago

Automatic Stay Vacation - Reference Against 'Asian Resurfacing' : Live Updates From Supreme Court Hearing

Live Law  

A 5-judge bench of the Supreme Court is hearing today the reference against the 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 …

Supreme Court Doubts 'Asian Resurfacing' Judgment On Automatic Stay Vacation; Refers To 5-Judge Bench
1 year, 3 months 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 …

Allahabad High Court Rules SC's Automatic Stay Vacation Direction In 'Asian Resurfacing' Applies At All Stages Including Investigation, Inquiry
1 year, 6 months ago

Allahabad High Court Rules SC's Automatic Stay Vacation Direction In 'Asian Resurfacing' Applies At All Stages Including Investigation, Inquiry

Live Law  

The Allahabad High Court has held that the Supreme Court's dictum of automatic vacation of stay in Asian Resurfacing of Road Agency Private Limited and Another v. Central Bureau of Investigation applies to all civil as well as criminal cases irrespective of the "stage" of the proceeding. A bench comprising of Justice Jyotsna Sharma held, “In my opinion, though in …

‘Must get breathing time’: SC stays order on Gyanvapi survey till July 26, 5pm
1 year, 7 months ago

‘Must get breathing time’: SC stays order on Gyanvapi survey till July 26, 5pm

Hindustan Times  

Holding that the mosque management committee must get “some breathing time” to appeal against the Friday order, a bench, headed by Chief Justice of India Dhananjaya Y Chandrachud, stayed the district court’s order for a little over 48 hours to let the committee approach the Allahabad high court in appeal. But the bench eventually stayed the district court order till …

SC stays further proceedings before HCs in matters involving challenges to IT Rules
2 years, 10 months ago

SC stays further proceedings before HCs in matters involving challenges to IT Rules

India TV News  

SC stays further proceedings before HCs in matters involving challenges to IT Rules A bench of Justices A M Khanwilkar and A S Oka passed the order while hearing a batch of petitions, including those raising the issue of hate speech and seeking regulations for OTT platforms. Highlights SC stayed further proceedings before the high courts in matters involving challenges …

Andhra Pradesh High Court Extends Life Of All Interim Orders Till June 30
3 years, 10 months ago

Andhra Pradesh High Court Extends Life Of All Interim Orders Till June 30

Live Law  

In view of the havoc created by second wave of the Covid-19 pandemic, the Andhra Pradesh High Court has decided to extend all interim orders passed by it and other Subordinate Courts /Tribunals in the State, that were subsisting as on April 21, 2021, till June 30, 2021. "Having regard to the prevailing Situation, it is directed that in all …

Limiting The Operation Of Stay Up To Six Months By Judicial Fiat, An Impermissible Legislative Act
4 years, 5 months ago

Limiting The Operation Of Stay Up To Six Months By Judicial Fiat, An Impermissible Legislative Act

Live Law  

In the last week, the Supreme Court has in Asian Resurfacing of Road Agency v. CBI, by order dated 15 October 2020 reiterated that whatever stay granted by any court, including the High Court, automatically expires within a period of six months, unless extension is granted for good reason, as per the judgment. According to me, the directions issued in …

[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, 5 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 …

[Automatic Vacation Of Interim Orders] Is Article 226(3) Directory or Mandatory? Gauhati HC Refers Issue To Larger Bench [Read Judgment]
4 years, 8 months ago

[Automatic Vacation Of Interim Orders] Is Article 226(3) Directory or Mandatory? Gauhati HC Refers Issue To Larger Bench [Read Judgment]

Live Law  

A division bench of the Gauhati High Court has opined that the Clause of Article 226 which deals with automatic vacation of interim orders, is directory. Assailing this order of the single bench, and Article 226 Article 226 provides that when a party makes an application to the High Court for the vacation of an interim order and furnishes a …

Interim Orders In Writ Petitions Involving Contractual Matters Should Be Passed Only After Carefully Weighing Public Interest: SC [Read Judgment]
4 years, 8 months ago

Interim Orders In Writ Petitions Involving Contractual Matters Should Be Passed Only After Carefully Weighing Public Interest: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that passing any interim orders in writ petitions involving contractual matters, the courts must carefully weigh conflicting public interests. In a writ petition filed in a matter relating to tender of warehouses, the Rajasthan High Court passed an interim order of status quo with a further direction that other formalities may proceed but the contract. …

National Lockdown: Allahabad HC Extends Interim Orders, Including Those Passed By Subordinate Courts, Till April 26 [Read Order]
4 years, 11 months ago

National Lockdown: Allahabad HC Extends Interim Orders, Including Those Passed By Subordinate Courts, Till April 26 [Read Order]

Live Law  

In view of the national lockdown imposed by the Central government and in exercise of its powers under Articles 226 and 227 of the Constitution, a division bench of Chief Justice Govind Mathur and Justice Samit Gopal has extended all interim orders passed by it and by the courts subordinate to it, that expired subsequent to March 19, till April …

COVID-19 : Delhi HC Automatically Extends All Interim Orders, Including Those Passed By Subordinate Courts, Till May 15 [Read Order]
4 years, 11 months ago

COVID-19 : Delhi HC Automatically Extends All Interim Orders, Including Those Passed By Subordinate Courts, Till May 15 [Read Order]

Live Law  

In light of the nationwide lockdown declared by the Central Government, the Delhi High Court has directed that the interim orders passed by it and also the subordinate courts, that were subsisting as on March 16 and expired, or will expire thereafter will stand automatically extended till May 15.While taking the suo moto cognizance of the issues, a Full Bench …

Six Months Cap On Interim Stay Orders Not Applicable To Supreme Court Orders: SC [Read Order]
5 years, 7 months ago

Six Months Cap On Interim Stay Orders Not Applicable To Supreme Court Orders: SC [Read Order]

Live Law  

Is the Supreme Court's direction in Asian Resurfacing of Road Agency Private Limited. vs. Central Bureau of Investigation that the interim stay on civil/criminal proceedings would end on expiry of six months from the date of such order unless extension is granted by a speaking order, applicable to Supreme Court orders?According to the bench comprising Justice Sanjay Kishan Kaul and …

Despite Several Judgments Of This Court, HCs Keep Granting Interim Orders In Favour Of Persons Who Are NPAs, Says SC [Read Order]
6 years, 5 months ago

Despite Several Judgments Of This Court, HCs Keep Granting Interim Orders In Favour Of Persons Who Are NPAs, Says SC [Read Order]

Live Law  

The Supreme Court recently set aside a high court order that had granted an interim order in writ petitions filed in SARFAESI matters.The bench comprising Justice Rohinton Fali Nariman and Justice Navin Sinha said: “Despite several judgments of this Court, including a judgment by Hon’ble Mr. Justice Navin Sinha, as recently as on 30.01.2018, in Authorized Officer, State Bank of …

Despite Several Judgments Of This Court, HCs Keep Granting Interim Orders In Favour Of Persons Who Are NPAs, Says SC [Read Order]
6 years, 5 months ago

Despite Several Judgments Of This Court, HCs Keep Granting Interim Orders In Favour Of Persons Who Are NPAs, Says SC [Read Order]

Live Law  

The Supreme Court recently set aside a high court order that had granted an interim order in writ petitions filed in SARFAESI matters.The bench comprising Justice Rohinton Fali Nariman and Justice Navin Sinha said: “Despite several judgments of this Court, including a judgment by Hon’ble Mr. Justice Navin Sinha, as recently as on 30.01.2018, in Authorized Officer, State Bank of …

No stay of trial in civil or criminal cases to last beyond six months: SC
6 years, 11 months ago

No stay of trial in civil or criminal cases to last beyond six months: SC

Hindustan Times  

The Supreme Court on Wednesday said that the stay of trial court proceedings, both in civil and criminal cases, would come to an end after the expiry of six months from the date of grant of stay, unless extended in exceptional circumstances. direct that in all pending cases where stay against proceedings of a civil or criminal trial is operating, …

Exceptional Circumstances Allow Extending Stay Beyond Six Months in Crucial Cases
6 years, 11 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 …

Breaking: Stay In Civil/Criminal Proceedings Not To Be Granted Beyond Six Months; Further Extension Only By Speaking Order: SC [Read Judgment]
6 years, 11 months ago

Breaking: Stay In Civil/Criminal Proceedings Not To Be Granted Beyond Six Months; Further Extension Only By Speaking Order: SC [Read Judgment]

Live Law  

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. The trial Court where order of stay of civil or criminal proceedings is produced may fix a date not beyond six months of the order of stay so that on expiry of period of stay, …

SC spells guidelines on interim stay
13 years, 8 months ago

SC spells guidelines on interim stay

Hindustan Times  

In an attempt to prevent protracted litigation in civil disputes, the Supreme Court has laid down guidelines, directing the trial courts not to grant interim stay without hearing the second party and impose heavy costs to control “unnecessary adjournments.” HT Image A bench headed by justice Dalveer Bhandari issued the guidelines in wake of growing instances where parties, who obtain …

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