Supreme Court: Stay orders by lower courts expire in 6 months : The Tribune India

Supreme Court: Stay orders by lower courts expire in 6 months

But can be extended for good reason, says 3-Judge Bench

Supreme Court: Stay orders by lower courts expire in 6 months

Stay orders passed by high courts and subordinate courts expire in six months, unless extended for good reasons, the Supreme Court has ruled.



Tribune News Service

New Delhi, October 17

Stay orders passed by high courts and subordinate courts expire in six months, unless extended for good reasons, the Supreme Court has ruled. “Whatever stay has been granted by any court, including the high court, automatically expires within a period of six months, and unless extension is granted for good reason, as per our judgment,” said a three-Judge Bench headed by Justice Rohinton F Nariman.

Crux of the matter

  • The latest order comes in a case from Pune wherein an Additional Chief Judicial Magistrate had in December last asked a complainant to approach the Bombay HC for resumption of trial that had been stayed by the HC.

“The trial court is, on the expiry of the first period of six months, to set a date for the trial and go ahead with the same,” it said.

In 2013, the Supreme Court had said that “in cases where the stay is granted in future, the same will end on expiry of six months from the date of such order unless similar extension is granted by a speaking order.” It had said,

“The order must show that the case was of such exceptional nature that continuing the stay was more important than having the trial finalised. 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.”

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