• Subjudice matter in high court

Does municipal corporation have the power to give stay on subjudice matter in high court?
Asked 12 months ago in Civil Law from Greater Mumbai, Maharashtra
The stay is not legally sustainable if the matter is pending before the high court .when a matter is pending adjudication before a Court of law, nothing can be done which might disturb the course of justice by either interfering with the judicial process or prejudging the merits of the case or by usurping the functions of the Court having seisin over the proceedings.In various high court orders highlighted that the interim orders should not be made without giving notice and opportunity of hearing to the Municipal Body, and giving sufficient reasons.
Ajay N S
Advocate, Ernakulam
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if matter is sub judice in high court muncipal corporation wont grant any stay 

it would await court orders in the suit filed by you in HC 
Ajay Sethi
Advocate, Mumbai
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1216 Consultations
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 Where case is pending in HC the commissioner would wait for high court orders in the matter it is only when HC has directed commissioner to hear the petitioner on merits would the commissioner pass any reasoned order 

You don't need judgements on the said issue 
Ajay Sethi
Advocate, Mumbai
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detail facts of the issue should be mentioned to get best advise,
Nadeem Qureshi
Advocate, New Delhi
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Unless a specific stay has been ordered by the court, which could be the District Court or High Court, the civic bodies are at liberty to proceed in accordance with the law. By merely filing the case you cannot stall the civic action.
Ashish Davessar
Advocate, Jaipur
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Does municipal corporation have the power to give stay on subjudice matter in high court?
No Municipal corporation cannot pass such orders especially when the matter is subjudice, they have wait for the outcome of the court verdict.


Any reference case matter or legal paper if you have  to show to commissioner that when a matter is already there in high court where not stay has been granted then he cannot interfere and give stay.plz provide any case reference .
Case reference will not be binding on th commissioner, because that is not pertaining to the case in hand.  If the commissioner is proceeding on his own, then a contempt proceedings may be filed against him before the court where the case is pending trial. 
T Kalaiselvan
Advocate, Vellore
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1. Little more information is required in connection with the query to advise properly,

2. Filing a case before the High Court does not restrain the lower Court or authority, including Municipal commissioner, in passing order including stay order, if it is within its jurisdiction,

3. However, the said stay order can be vacated by applying before the High Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
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1. There is no such Act or Rule stipulating that Municipal Commissioner  can not pass adverse order/direction if the matter is pending before the High Court,

2. File a petition before the High Court for setting aside the said order passed by the Municipal Commissioner.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
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T Kalaiselvan
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