Stay Orders To Expire Within Six Months Unless Extended For Good Reason

  The Supreme Court has retreated 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 and extension is granted for good reason. This bench headed by Justice R.F. Nariman, said that the High Court are subordinate judicially to the Supreme Courts and the directions issued in Asian Resurfacing of Road Agency Private Limited. Vs  .Central Bureau of Investigation ought to be followed. It has been stated by Supreme Court in its order that in the pyramidical structure of Constitution Of India, Supreme Court being the Apex Court and any judgement or order passed by it is binding on all the High Courts. Though this view is not taken into consideration by Chief Judicial Magistrate, Pune with the matter observing that it cannot pass the order which has been stayed by the Bombay High Court. It stated the Complainant should move an application before High Court to resume the trial. The judgement in the above case of Justice Adarsh Kumar Goel, Justice Rohniton Fali Nariman and Navin Sinha  states some of the important observation which depicts that the pending cases where stay against the proceedings of civil or criminal trial come to an end on expiry except by speaking order such stay would be extended. In cases where stay is granted in future the same will come to end within six months from date of such order unless  extension granted by speaking  order. Also the speaking order must depict the cases of exceptional nature and that the stay was important than having trial finalized.

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