You can appeal against the order before division bench for vacation of stay if you have good evidence and if same is causing irreparable damage to you
Stay vacate
Accused managed stay on lower court proceedings from HC, Without verifying the merits Judge granted stay. The stay granted just before hearing of the case. There are clear document evidences and Lokayukta & RR District coll office ..are ordered to take action few days back. I have filed Stay vacate petetion over a year and half. Still not coming to bench. My advocate is saying expedition petition is wont be helpful. We have to wait . When the matter is in lower court without hearing from both parties How this kind of stays entertained ... Very serious LOOPHOLE in the law...... Helping the criminals
Asked 5 years ago in Criminal Law
Religion: Hindu
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11 Answers
Its done 3 years back never came to bench .. Finally Supreme court passed order automatic vacation of all stays.. Inspite of all this Judges are now and then granting temporary stays in my case two time one month each interim stay granted. Its only helping the crime and criminals. When the case in the lower court under trial how the upper court granting stay. My petition never came on bench where as they are getting stay extensions. Great courts and Judges
Asked 5 years ago
1. After the passing of the recent supreme court order no interim stay order can be extended beyond 6 months.
2. Now keeping a case pending for 3 years after passing of stay order is very unlikely and it appears not much precious little is done so far from your side to get the case listed.
3. it is advisable that you appoint a fresh advocate to deal with your case who make take effective measures to list the case for speedy hearing.
Engage expert senior lawyer and put your case in the correct perspective.
You can pray for vacation on strong ground. You can mention the matter or take circulation or production depending on urgency.
as per SC judgment stay stands vacated if not extended
act as per your lawyer advice
Court can grant temporary stay
after 6 months stay stands vacated
Stay has been vacate automatically following recent SC ruling. Now extension of stay possible only by sitting reason and not by mere extension.
Better file early hearing application, otherwise matter will nt list.
Dear Client
The application for vacation of stay doesn't take that much time to reach on decision.
you must have Hired a less experienced Advocate or he have not mentioned the merits of case in the petition. Now your advocate should file an application for early hearing of Application to vacate the stay from criminal proceedings as delay could cause loss of justice.
There is no legal infirmity in high court granting stay (which should be exparte stay).
For granting stay high court need not go into the depth of the case so soon because it was an interim stay only.
You should have initiated steps to vacate the stay by following it up through your advocate, if yor advocate ins not effective then you could have changed the lawyer and engaged the services of a new lawyer to vacate the stay.
Even now you can give an application to the registrar at high court to bring this application for vacating the stay to the next date of list of case to be heard owing to the long delay of the same.
The fault lies on your side for not following it properly through your advocate.
Even now you can adopt the suggestions made in the previous post if you want any proper and immediate relief in this regard.
- As per the information mentioned in the present query, makes it clear that the stay has been granted without even listening to the merits of the case.
- You should mention the stay vacated order now again after getting it mentioned before the Chief Justice.
- Let the division bench decide the matter.
- If that also get dismissed then eventually I would advice you to approach the Hon’ble SC in SLP challenging the said dismissal.
- Here, you would definitely get justice. And your lower court only decide the on the merits of the case.
