That is not applicable in your case. The judgment of the SC has just been passed with regards to the pending criminal cases in which stay order was passed by the HC.
Regards
Validity of Supreme Court stay order
A decision is passed by Nanital High Court in my favour on a seniority issue( writ petition no.267 0f 2010(S/B) Dt [deleted]). Which was stayed by Supreme Court. No hearing after that in last four year. Is decision of Supreme court (CRIMINAL APPEAL NOS. 1375-1376 OF 2013 Dt. [deleted]) on expiry of stay order in six months applicable here? if yes how?
Asked 5 years ago in Civil Law
13 Answers
hello
the department must have filed an appeal against your reinstatement. the SC has stayed the operation of the order. now the SLP has not come on board and therefore it is pending. file an application along with the order and your grievance in the SC and either it will be expeditiously listed or the stay order may be vacated.
regards
Dear Client,
That order is application on trail courts where civil or criminal proceedings are pending, not applies to appeals specially in HC and SC.
No. The said supreme court order applies only to the 'trial'.
The decision has no retrospective effect. Since the stay order was passed way before this supreme court decision was passed , it is no binding on it.
Anyway for removing the complications further get the matter heard asap.
1) SC has held that validity of stay order is 6 months and if stay is extended reasons have to be given for extension of stay
To get correct and genuine legal opinion you have to quote the order.
Yes the same is applicable. You can file an application in HC or Supreme court for vacation of the stay order.
Yes the validity of stay for no more than 6 months is also applicable to your case
Please mention the matter out of turn in Supreme Court and bring it on board
The latest ruling on stay has been released only recently.
You may have to take steps to reopen the petition which is yet to be listed for the past four years or so.
You can pressurise your advocate on this and look for an early solution.
No,this law is for the Trial courts and High Court and Supreme Court itself wouldn't be bound with this decision.
Yes it is applicable with full vigour. If the stay is not extended then apply to the government to comply with the HC order and if it still does not do so then a contempt petition may be filed in the HC.
Hi,
You may move one IA in supreme court for hearing of that petition.
