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1998 Supreme(SC) 1444

SUPREME COURT OF INDIA
A.S. Anand, CJI., V.N. Khare and M.B. Shah, JJ.
Union of India and Ors. - Petitioners
Versus
Lt. Gen. Rs Kadyan and Anr. - Respondents
S.L.P. (C) Nos. 20511-12 of 1998 (From the Judgment and Order dated 16.12.98 in LPA 568 of 1998 and 11.12.98 in CWP 1527 of 1998 of the High Court of Delhi at New Delhi).
Decided On : 18-12-1998

Important Points

The court granted an interim stay on the operation of the impugned judgments until the matter is listed for hearing before the bench.

Subject

Civil Law - Procedural Law

Headnote

(A) Civil Procedure - Stay of operation of judgments - Operation of the impugned judgments stayed until the matter is listed before the bench. (Para 1)

Facts of the case:
The petitioners filed special leave petitions challenging judgments passed by the High Court.

Findings of Court:
The operation of the impugned judgments shall remain stayed until the matter is listed before the bench in the subsequent month.

Issues: Whether the operation of the impugned judgments should be stayed pending the listing of the matter.

Ratio Decidendi: The court granted an interim stay to maintain the status quo until the matter is heard by the bench.

Result: Operation of the impugned judgments stayed.

Legal Category Hierarchy

  • practice and procedure
    • interim relief
      • stay of operation (Para 1)

Table of Contents

1. Challenge to impugned judgments seeking a stay of operation. (Para 1 )

2. Stay of operation of the impugned judgments granted until the matter is listed before the Motion Bench. (Para 1 )

ORDER :

1. Till the matter's are listed before the Motion Bench in the month of January, 1999, the operation of the impugned judgments shall stay.

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