Supreme Court
New Delhi: The Supreme Court on Thursday ruled that stay orders given by the lower court or the High Court in civil and criminal cases cannot be canceled automatically after six months. A five-judge Constitution bench headed by Chief Justice D.Y. Chandrachud disagreed with its 2018 judgment that stay orders of lower courts should be automatically vacated unless specifically extended. Don’t go.
What did the Constitution bench of the Supreme Court say?
The Constitution Bench of the Supreme Court rules that stay orders granted in civil and criminal cases do not automatically lapse after 6 months unless the orders are specifically extended. The Constitution Bench of the Supreme Court set aside a 2018 judgment of the Supreme Court, according to which interim orders given by High Courts and other courts in civil and criminal cases would automatically lapse after a period of six months, unless Orders should not be significantly increased.
Supreme Court issued guidelines
The judgment, while issuing guidelines (on this subject), also states that the constitutional courts, the Supreme Court and the High Court should avoid fixing time limits for disposal of cases and this can be done only in exceptional circumstances. The bench delivered two separate but unanimous verdicts. Justice A.Soka said, “Constitutional courts should not set any time limit for deciding cases, as ground level issues are known only to the respective courts and such orders are passed only in exceptional circumstances.” Can go.
The judge said these things
Justice Oka wrote the judgment for himself and Justice Chandrachud, Justice J.B. Pardiwala and Justice Manoj Mishra. He said, “Stay orders cannot be canceled automatically. Justice Pankaj Mittal wrote a separate, but concurring judgment in the case. The apex court had reserved its decision in the case on December 13, 2023, after hearing the arguments of senior advocate Rakesh Dwivedi.
input language
Latest India News