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 stay in their favour, file “frivolous” applications to delay the proceedings. The bench slapped a fine of R2 lakh on the petitioner for filing a “frivolous petition” before the Delhi high court to delay the case. “We are imposing the costs not out of anguish but by following the fundamental principle that wrongdoers should not get benefit out of frivolous litigation,” the bench said, adding, “The appellants in the instant case have harassed the respondents to the hilt for four decades in a totally frivolous and dishonest litigation.” The SC said the courts should be cautious in granting interim injunctions or stay in the absence of the opposite party. “Experience reveals that ex-parte interim injunction orders in some cases can create havoc and getting them vacated or modified in our existing judicial system is a nightmare,” the bench added.

Court  trial  interim  guidelines  party  spells  bench  petitioner  petition  sc  courts  stay  court  frivolous

History of this topic

Ex-Parte Orders Can Have Disastrous Consequences, Should Be Passed Only In Case Of Real Emergency: Madras High Court
1 month, 2 weeks ago

Ex-Parte Orders Can Have Disastrous Consequences, Should Be Passed Only In Case Of Real Emergency: Madras High Court

Live Law  

The Madras High Court recently emphasized that courts should refrain from passing ex-parte orders in a routine manner and must only pass such orders when there is a real emergency which was shown through the plaint and averments. Pointing to the Supreme Court's direction in the case of Maria Margarida Sequeira Fernandes v. Erasmo Jack De Sequeira, in which the …

Interim Orders Affecting Substantial Rights Of Parties And Causing Prejudice Are Appealable While Writ Petition Is Pending: Kerala HC
1 month, 3 weeks ago

Interim Orders Affecting Substantial Rights Of Parties And Causing Prejudice Are Appealable While Writ Petition Is Pending: Kerala HC

Live Law  

The Kerala High Court has reiterated that interim orders that affect the substantial rights and liabilities of the parties and cause significant prejudice, are appealable during the pendency of the writ petition under Section 5 of the Kerala High Court Act, 1958. Such an order, touching upon the substantial rights and liabilities of the parties and causing substantial prejudice to …

Ex-parte interim orders cannot be passed in a casual manner, cautions Madras High Court
1 month, 3 weeks ago

Ex-parte interim orders cannot be passed in a casual manner, cautions Madras High Court

The Hindu  

The Madras High Court Chief Justice’s Bench has cautioned all the courts in Tamil Nadu and Puducherry against passing ex-parte interim orders in a casual manner and without due consideration to the loss that an individual/entity suffering such an order would have to undergo until the orders get vacated. “The courts must endeavour to ensure that even-handed justice is given …

Kanwar Yatra: SC extends interim stay on directives issued by UP, U'khand, MP on eateries
7 months, 3 weeks ago

Kanwar Yatra: SC extends interim stay on directives issued by UP, U'khand, MP on eateries

Deccan Chronicle  

New Delhi: The Supreme Court on Friday extended the interim order staying the directives issued by the Uttar Pradesh and Uttarakhand governments, which mandated eateries along the Kanwariya pilgrim route to display the names of their owners and staff. Deputy advocate general for Uttarakhand Jatinder Kumar Sethi clarified that the state had not issued any specific order related to the …

Delhi excise case: Arvind Kejriwal moves SC against HC’s interim stay on bail order in ED case
9 months ago

Delhi excise case: Arvind Kejriwal moves SC against HC’s interim stay on bail order in ED case

The Hindu  

Delhi Chief Minister Arvind Kejriwal urgently approached the Supreme Court on June 23 against the Delhi High Court’s suspension of bail granted to him by a trial court in the excise policy case. BJP alleges hypocrisy Reacting to Mr. Kejriwal moving the SC, Delhi BJP president Virendra Sachdeva said that, just days ago, the Aam Aadmi Party had condemned the …

No Appeal Against Interim Order, says HC
1 year, 2 months ago

No Appeal Against Interim Order, says HC

Deccan Chronicle  

Hyderabad: A two-judge bench of the Telangana High Court refused to interdict an ad interim order of the single judge and ruled that such an appeal is not maintainable. Expedite arms licence hearing: HC Justice C.V. Bhaskar Reddy of the High Court of Telangana directed an expeditious hearing of the pending appeal with regard to the arms licence. HC refuses …

Decide Interim Maintenance/ Custody Applications In 90 Days: Delhi HC Issues Directions To Family Courts For Speedy Disposal Of Matrimonial Cases
1 year, 7 months ago

Decide Interim Maintenance/ Custody Applications In 90 Days: Delhi HC Issues Directions To Family Courts For Speedy Disposal Of Matrimonial Cases

Live Law  

The Delhi High Court has issued a slew of directions to the family courts in the national capital for speedy disposal of cases relating to marriage and family affairs within a time frame, in the absence of any specific Rules regarding the same. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna directed that when a …

Arbitration Cases Weekly Round-Up: 10 July To 16 July 2023
1 year, 8 months ago

Arbitration Cases Weekly Round-Up: 10 July To 16 July 2023

Live Law  

Supreme Court: Can Ineligible Person Appoint Arbitrator? High Courts: Delhi High Court: “Counter-Balancing” Not Achieved When 2/3rd Members Of The Arbitral Tribunal To Be Appointed By One Party: Delhi High Court Case Title: Margo Networks Pvt Ltd & Anr vs. Railtel Corporation of India Ltd The Delhi High Court has ruled that where a party is required to appoint an …

SC Adjourns Till Jun 9 Hearing on Delhi Govt Plea Against HC Order Staying Notice to Rapido
1 year, 9 months ago

SC Adjourns Till Jun 9 Hearing on Delhi Govt Plea Against HC Order Staying Notice to Rapido

News 18  

The Supreme Court on Wednesday adjourned till June 9 the hearing on the Delhi government’s plea challenging a high court order staying a notice to bike-taxi aggregator Rapido and allowing it to operate till the final policy has been notified. He said the high court’s decision to stay the government’s notice till the final policy is notified is like virtually …

Appeals Against Ex-Parte Orders Should Not Be Encouraged, Defendant Can Always Approach Single Judge: Bombay High Court
2 years, 5 months ago

Appeals Against Ex-Parte Orders Should Not Be Encouraged, Defendant Can Always Approach Single Judge: Bombay High Court

Live Law  

The Bombay High Court in an order on a commercial appeal deprecated the practice of filing appeal against ex parte orders and stated that there are inbuilt safeguards in such orders which facilitate the defendants to approach the Single Judge, who passed the order, to vacate, modify or limit the same. The burden is on the plaintiff who wants to …

[Senior Citizens Act] What Are The Factors Appellate Authority Needs To Consider While Dealing With Application Seeking Stay On Eviction Order? Delhi High Court Answers
2 years, 5 months ago

[Senior Citizens Act] What Are The Factors Appellate Authority Needs To Consider While Dealing With Application Seeking Stay On Eviction Order? Delhi High Court Answers

Live Law  

The Delhi High Court has set out the various factors that are necessary to be taken into consideration by the appellate authority under the Senior Citizens Act, 2007 while dealing with an application seeking stay in a pending appeal against an eviction order.Justice Yashwant Varma observed that in such cases, the appellate authority would have to consider the nature of …

S.135 Trade Marks Act | Scope Of Granting Interim Injunction Is Limited, Vigil & Caution Must While Granting Ex-Parte Relief: Kerala High Court
2 years, 6 months ago

S.135 Trade Marks Act | Scope Of Granting Interim Injunction Is Limited, Vigil & Caution Must While Granting Ex-Parte Relief: Kerala High Court

Live Law  

Observing that scope of granting ad interim injunction is limited, the Kerala High Court has held that Courts must be vigil and cautious while granting the relief ex parte without notice to the counter petitioner or defendant.Justice P. Somarajan further added that the scope of relief to grant interim injunction should be pertaining to the matters incorporated under Section 135 …

Ex-Parte Orders Passed Without Issuance Of Notice Cannot Be Brought Within Purview Of S.36 CPC For Execution: Kerala High Court
2 years, 6 months ago

Ex-Parte Orders Passed Without Issuance Of Notice Cannot Be Brought Within Purview Of S.36 CPC For Execution: Kerala High Court

Live Law  

The Kerala High Court recently observed that an order passed without issuing notice to the opposite party cannot be brought under the purview of Section 36 CPC and it cannot be executed through court until the same is merged in a subsequent order after notice to the opposite party.Justice P. Somarajan observed that in cases where the ex parte order …

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 …

Kerala High Court Passes Ex-Parte Interim Order Against ReporterTV On Reports Against Dileep's Brother-In-Law
2 years, 11 months ago

Kerala High Court Passes Ex-Parte Interim Order Against ReporterTV On Reports Against Dileep's Brother-In-Law

Live Law  

The Kerala High Court on Tuesday issued an interim ex-parte gag order against Reporter TV restricting it from publishing/broadcasting/telecasting any item concerning or relating to actor Dileep's brother in law, Suraj while reporting about the murder conspiracy case or the 2017 actor sexual assault case for the next three weeks. Finding force in these arguments, Justice Mohammed Nias C.P prohibited …

Delhi High Court Extends Life Of Interim Orders Till October 22
3 years, 5 months ago

Delhi High Court Extends Life Of Interim Orders Till October 22

Live Law  

The Delhi High Court has extended the life of its interim orders till October 22, 2021.The order was passed while dealing with the suo moto petition registered on the extension of interim orders in all matters pending before it and subordinate Courts, in view of the limited functioning of Courts due to the second Covid wave.A full bench comprising of …

IT Rules 2021 : Bombay High Court Asks Centre To File A Short Affidavit On Why Interim Relief Should Not Be Granted
3 years, 7 months ago

IT Rules 2021 : Bombay High Court Asks Centre To File A Short Affidavit On Why Interim Relief Should Not Be Granted

Live Law  

The Bombay High Court on Tuesday asked the Union of India to file a short affidavit stating why interim relief shouldn't be granted in two petitions seeking a stay on the recently notified Information Technology Rules, 2021 A bench of Chief Justice Dipankar Datta and Justice GS Kulkarni was hearing a petition by AGIJ Ltd, which owns legal news website …

[Breaking] Bombay High Court Refuses Interim Relief In Arnab Goswami's Habeas Corpus Petition, Will Consider Tomorrow
4 years, 4 months ago

[Breaking] Bombay High Court Refuses Interim Relief In Arnab Goswami's Habeas Corpus Petition, Will Consider Tomorrow

Live Law  

The Bombay High Court on Friday refused to grant interim relief to allow the release of Arnab Goswami, Editor-in-Chief of Republic TV, who has been remanded to 14-days judicial custody till November 18 in a 2018 abetment to suicide case. "Can't pass interim order without hearing Complainant and State", observed a bench comprising Justices S S Shinde and M S …

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. …

[Breaking] Delhi HC Extends The Operation Of Interim Orders Subsisting On June 15 For One More Month In Light Of Continuing Lockdown [Read Order]
4 years, 9 months ago

[Breaking] Delhi HC Extends The Operation Of Interim Orders Subsisting On June 15 For One More Month In Light Of Continuing Lockdown [Read Order]

Live Law  

In light of the nationwide lockdown declared by the Central Government, the Delhi High Court has extended the operation of all the interim orders that were subsisting on 15/06/20 and expired or will expire thereafter. While taking the suo moto cognizance of the issues, the Division Bench of Chief Justice DN Patel, Justice Siddharth Mridul and Justice Talwant Singh have …

Interim Orders, Bail Orders, Etc. Of All Courts In Tripura Extended Till April 30 [Read Order]
4 years, 11 months ago

Interim Orders, Bail Orders, Etc. Of All Courts In Tripura Extended Till April 30 [Read Order]

Live Law  

The Tripura High Court on Friday extended the life all the interim orders, orders granting bail, parole, etc., passed by it and all the courts subordinate to it, that were subsisting as of March 20, up to April 30. While extending the subsistence of all the interim orders by a general direction, the bench observed, "In number of cases the …

Interim Orders Of Bombay HC And Courts Subordinate To It Extended Till April 30[Read Order]
4 years, 11 months ago

Interim Orders Of Bombay HC And Courts Subordinate To It Extended Till April 30[Read Order]

Live Law  

Taking note of the national lockdown, the Bombay High Court has extended the operation of all interim orders passed by it, and the Courts/Tribunals subordinate to it until April 30.A bench comprising Chief Justice B P Dharmadhikari, Justices A A Sayed, Shinde and K K Tated passed the order in a suo moto action as follows :"we find it appropriate …

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 …

Supreme Court warns Maharashtra govt of contempt
5 years, 9 months ago

Supreme Court warns Maharashtra govt of contempt

Deccan Chronicle  

New Delhi: The Supreme Court on Friday gave Maharashtra government time till June 4 to complete the admission to the post-graduate medical and dental courses as it pulled up the state government for issuing notice nullifying the consequences of court’s May 30, 2019, interim order knocking out 10 per cent economically weaker section quota for the current academic year. Directing …

Application Seeking Interim Relief Can Be Entertained Even If Contract Containing Arbitration Clause Is Insufficiently Stamped: Bombay HC (FB) [Read Judgment]
5 years, 11 months ago

Application Seeking Interim Relief Can Be Entertained Even If Contract Containing Arbitration Clause Is Insufficiently Stamped: Bombay HC (FB) [Read Judgment]

Live Law  

The Bombay High Court has held that a court, under the Arbitration and Conciliation Act, 1996, can entertain and grant any interim or ad-interim relief in an application under Section 9 of the said Act when a document containing arbitration clause is unstamped or insufficiently stamped. The full bench of the High Court also held that, in view of Section …

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 …

SC Refuses Urgent Hearing On Pleas Seeking Expeditious Appointment Of Judges In Calcutta HC
6 years, 11 months ago

SC Refuses Urgent Hearing On Pleas Seeking Expeditious Appointment Of Judges In Calcutta HC

Live Law  

The Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar on Friday adjourned the hearing in two writ petitions seeking the expeditious appointment of judges to the Calcutta High Court to the first week of July.One of the petitions, on behalf of the Youth Bar Association of India, prays for the writ …

Grant Of Ex-parte Interim Orders In Financial Matters Can Have A Deleterious Effect: SC [Read Judgment]
7 years, 1 month ago

Grant Of Ex-parte Interim Orders In Financial Matters Can Have A Deleterious Effect: SC [Read Judgment]

Live Law  

The Supreme Court observed that in financial matters grant of ex parte interim orders can have a deleterious effect and it is not sufficient to say that the aggrieved has the remedy to move for vacating the interim order.In Authorized Officer, State Bank of Travancore and Another v Mathew KC, the Court has dismissed a writ petition, which was pending …

Bombay HC Allows Ex Parte Decree in Notice of Motion, Despite Supreme Court Ruling
7 years, 2 months ago

Bombay HC Allows Ex Parte Decree in Notice of Motion, Despite Supreme Court Ruling

Live Law  

The Bombay High Court has ruled that an ex parte decree can only be passed under Rule 90 of the Original Side Rules and not under Order VIII of the Code of Civil Procedure. This means that the ex parte decree was recalled in this case because the court did not follow the correct procedure in issuing the notice of …

Ex Parte Decree Can Be Passed By Bombay HC In Notice Of Motion Filed Under Original Side Rules Only, Not Under Order VIII Of CPC: HC [Read Judgment]
7 years, 2 months ago

Ex Parte Decree Can Be Passed By Bombay HC In Notice Of Motion Filed Under Original Side Rules Only, Not Under Order VIII Of CPC: HC [Read Judgment]

Live Law  

The Bombay High Court recently held that on its original side, an ex parte decree can be passed in a notice of motion filed only under Rule 90 of the Original Side Rules and not under Order VIII of the Code of Civil Procedure.Justice GS Patel followed the judgments of the Supreme Court as well as two division benches of …

Exclusive: SC Laments “Disturbing Trend” Of Long Interim Orders In IPR Suits; Demands Report From Delhi HC Registrar [Read Order]
7 years, 7 months ago

Exclusive: SC Laments “Disturbing Trend” Of Long Interim Orders In IPR Suits; Demands Report From Delhi HC Registrar [Read Order]

Live Law  

The Supreme Court on Monday lamented the “disturbing trend” of long interim orders in suits concerning intellectual property rights.The issue attracted the Court’s attention in a Petition challenging an order passed by the Delhi High Court in March this year. The Supreme Court on Monday lamented the “disturbing trend” of long interim orders in suits concerning intellectual property rights. “We …

Breaking: Justice Karnan’s Petition For Recall Of Contempt Order Not Maintainable: SC Registry [Read Order]
7 years, 10 months ago

Breaking: Justice Karnan’s Petition For Recall Of Contempt Order Not Maintainable: SC Registry [Read Order]

Live Law  

Supreme Court Registry by its order dated 15th May 2017 held that the Petition filed by Justice Karnan against the 7 Judge Constitution Bench order convicting and sentencing Justice Karnan for Contempt of Court, is not maintainable.The Registry has sent a communication to Justice Karnan’s lawyer Mathew Nedumpara that the petition is not maintainable and does not show any reasonable …

Discover Related