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D. Y. CHANDRACHUD, ABHAY S. OKA, J. B. PARDIWALA, MANOJ MISRA, PANKAJ MITHAL
High Court Bar Association, Allahabad – Appellant
Versus
State of U. P. – Respondent
Headnote: Read headnote
JUDGMENT :
(Abhay S. Oka, J.) :
| Table of Contents |
| A. FACTUAL BACKGROUND I. Directions in Asian Resurfacing
|
The mandatory nature of Article 226(3) of the Constitution of India and the need to prevent abuse of interim orders.
The proviso to Section 2(1) of the Chhattisgarh High Court Act bars appeals against interlocutory orders unless they determine rights significantly or have finality.
The Court cannot grant interim relief after a certificate for appeal has been issued, as it lacks jurisdiction to modify dismissed orders.
A judge must operate within their assigned jurisdiction; any order made outside this scope is void.
Ex parte ad-interim relief under Article 226(3) vacates automatically after two weeks if not adjudicated, irrespective of parties' actions, ensuring prompt resolutions.
Indefinite stay orders in civil and criminal cases may lead to miscarriages of justice, necessitating a review of their validity and conditions for extension.
The Supreme Court's ruling on the 'six months stay' mandate applies to all pending civil and criminal cases, emphasizing the need for expeditious disposal of cases and the adverse effects of court-gr....
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