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D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
High Court Bar Association Allahabad – Appellant
Versus
State of Uttar Pradesh – Respondent
ORDER :
1. Issue notice.
2. Mr. Tanmaya Agarwal, Standing Counsel for the State of Uttar Pradesh, accepts notice and waives service.
3. We request either the Attorney General for India or the Solicitor General to assist this Court.
4. In Asian Resurfacing of Road Agency (P) Ltd vs. CBI, (2018) 16 SCC 299 the following questions were framed by the Division Bench of the High Court, as recorded in paragraph 11 of the judgment of this Court:
(b) Whether the language employed in Section 19 of the 1988 Act which bars the revision would also bar the exercise of power under Section 482 Cr.P.C. for all purposes?
(c) Whether the order framing charge can be assailed under Article 227 of the Constitution of India?”
5. In the course of the judgment, this Court observed that though the question referred relates to the issue whether an order framing charge is interlocutory, this Court was further considering the approach to be adopted by the High Court in dealing with a challenge to such an order. While answering the question, this Court held t
Stay on Court Proceedings – Order of stay granted by Division Bench in High Court cannot be treated as having no force.
Point of law : Jurisdiction of High Court is not barred irrespective of label of a petition, be it under Section 397 or 482 Cr.P.C. or Article 227 of Constitution.
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....
Stay of criminal proceedings by the High Courts should not be considered as an incentive to cause delay in the proceedings; that order granting stay or extending it must be a speaking order and stay ....
(1) An interim order lawfully passed by a Court after hearing all contesting parties is not rendered illegal only due to long passage of time – If a High Court concludes after hearing all concerned p....
Contempt Petition - Wilful and deliberate disobedience of order - Mere disobedience is not sufficient unless it is shown and proved that disobedience is wilful, deliberate and intentional.
The mandatory nature of Article 226(3) of the Constitution of India and the need to prevent abuse of interim orders.
Order framing charges is interlocutory, not final or appealable under Section 14A of SC&ST Act, as it neither terminates proceedings nor decides parties' rights conclusively; alternative remedies ava....
The automatic vacation of stay orders is invalid if trials have not concluded, reaffirming litigants' substantive rights.
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