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clearing emergent stay order I.A.1/2018
25-Feb-2023 (In Divorce Law)
I have applied for a divorce in district court of Ranebennur, but petitioner has applied for an emergent stay and issued a notice. It is mentioned in the notice that stay of further proceedings in OS/2018 (my case number) is pending. Hence, judge in Ranebennur court cannot proceed for the order till the stay is cleared or squashed. Please provide the solution for me to process with this
Dear Sir/Madam,
Get advance of the case after serving notice on the other party. Please ask your advocate to advance his arguments and get stay vacated. If not approach Appellate Court and fight for getting vacation of stay order. As per recent Supreme Court judgment a stay cannot be extended beyond six months.
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Breaking: Stay In Civil/Criminal Proceedings Not To Be Granted Beyond Six Months; Further Extension Only By Speaking Order: SC [Read Judgment]...
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 1375-1376 OF 2013 ASIAN RESURFACING OF ROAD AGENCY PVT. LTD. & ANR. …Appellants VERSUS CENTRAL BURUEAU OF INVESTIVATION …Respondent
The speaking order must show that the case was of such exceptional nature that continuing the stay was more important than having the trial finalized. 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 so that on expiry of period of stay, proceedings can commence unless order of extension of stay is produced, the Bench said.
Get advance of the case after serving notice on the other party. Please ask your advocate to advance his arguments and get stay vacated. If not approach Appellate Court and fight for getting vacation of stay order. As per recent Supreme Court judgment a stay cannot be extended beyond six months.
=======================================================================
Breaking: Stay In Civil/Criminal Proceedings Not To Be Granted Beyond Six Months; Further Extension Only By Speaking Order: SC [Read Judgment]...
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 1375-1376 OF 2013 ASIAN RESURFACING OF ROAD AGENCY PVT. LTD. & ANR. …Appellants VERSUS CENTRAL BURUEAU OF INVESTIVATION …Respondent
The speaking order must show that the case was of such exceptional nature that continuing the stay was more important than having the trial finalized. 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 so that on expiry of period of stay, proceedings can commence unless order of extension of stay is produced, the Bench said.
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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