Apex Court can order automatic vacation of all interim orders of the High Courts of staying proceedings on the expiry of a certain period

Last updated: 09 March 2024

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The Supreme Court has ruled that it can order the automatic expiry of interim orders from High Courts that stay legal proceedings. This means that if a stay order isn't extended with clear reasons within a specified period, the trial court can resume proceedings. The Court emphasised that stay orders should ideally be granted with clear reasoning and can only be vacated or extended through a reasoned order.

Court :
Supreme Court of India

Brief :
The Hon'ble Supreme Court in the case of High Court Bar Association, Allahabad v. State of Uttar Pradesh and Others [Criminal Appeal No. 3589 of 2023 dated February 29, 2024], held that the Hon'ble Apex Court, in the exercise of its jurisdiction under Article 142 of the Constitution of India, can order automatic vacation of all interim orders of the High Courts of staying proceedings of Civil and Criminal cases on the expiry of a certain period and direct the High Courts to decide pending cases in which interim orders of stay of proceedings has been granted on a day-to-day basis and within a fixed period.

Citation :
Criminal Appeal No. 3589 of 2023 dated February 29, 2024

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Bimal Jain

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FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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