AI Overview...
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Stay Order - Cannot be granted arbitrarily; typically requires specific grounds and procedural adherence. A stay order should be issued through a reasoned, speaking order, and once granted, it cannot be vacated without proper procedure. Stay orders are generally for a limited period (e.g., two weeks) and should not be indefinite or unreasoned High Court Bar Association, Allahabad VS State of U. P. - Supreme Court.
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Amendment Not on Record - Filing an amendment application to bring on record orders passed during pendency is permissible, but the petitioner must take active steps to challenge original orders via substantive proceedings if necessary. Merely seeking to rely on such amendments without proper challenge may not suffice Shyam Lal Joshi VS Panchayat Samiti, Somerpur - Rajasthan.
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Stay in Proceedings - Proceedings can continue without an explicit stay, but courts may place matters before the Chief Justice for directions to prevent undue delays. Orders of stay are often granted in interim applications to prevent prejudice while the main matter is pending UNI-Sankyo Limited VS Ashok Kumar Jaiswal - Andhra Pradesh.
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Stay and Execution - A stay granted by a court can keep execution proceedings pending, but such stay is usually for a limited period (e.g., two weeks). Once the stay period expires, execution can proceed unless further extension is granted GOVINDPRASAD RAMESHWARNATH VS RAMRASKAL KAMTAPRASAD - Nagpur, RADHARANI TEA AND ESTATE (P. ) LTD. VS INCOME-TAX OFFICER - Calcutta.
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Stay Against Orders (e.g., framing charges) - Courts generally do not grant stays against orders like framing charges; if granted, they are often conditional and time-limited, with proceedings expected to conclude within specified periods (e.g., six months). Stay should be supported by proper reasons and procedural safeguards ASIAN RESURFACING OF ROAD AGENCY PVT. LTD. VS CENTRAL BURUEAU OF INVESTIVATION - Supreme Court.
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Supervening Facts & Appeals - Courts can consider supervening facts even during appeals, especially if such facts have a fundamental impact on rights or the case's merit. The appellate court may take note of new developments affecting the legality of the original order RAM SEWAK SRIVASTAVA VS STATE OF U. P. - Allahabad.
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Record and Certification Challenges - Certification granted by a Registrar cannot be arbitrarily set aside; affected members can resort to civil proceedings for challenge, emphasizing that such certifications are protected from unilateral cancellation Latin Catholic Fishermens Educational Society, Thoothoor, St. Judes College Campus VS The Inspector General of Registration, Santhome, Chennai – 600 028 - Madras.
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Miscellaneous - Orders should be supported by detailed reasoning, especially in stay applications, to ensure transparency and legality. Unauthorized or bogus attempts to create records or manipulate proceedings (e.g., through bogus communications) can be invalidated West Coast Builders Pvt. Ltd. . and another VS Collector of Bombay and others - Bombay.
Analysis and Conclusion:
Stays of orders or proceedings are granted under strict procedural and substantive rules, emphasizing reasoned orders and limited durations. Amendments to record or bringing new orders on record require active participation and proper legal steps. Courts retain discretion to consider supervening facts and cannot arbitrarily vacate certifications or orders without due process. Overall, stay orders are not to be granted lightly or without proper justification, and any amendments or record modifications must adhere to procedural safeguards.
Search Results for "Stay Order Cannot be Granted Amendmnet Not on Record"
2025 7 Supreme 579 • India - Supreme Court
B. R. GAVAI, AUGUSTINE GEORGE MASIH
should be granted or not to the impugned Act or the provision(s) contained therein. ... very slow in granting interim relief by way of staying provisions of an enactment – Interim relief of such a nature can be granted ... practicing Islam for 5 years for creating a waqf cannot be said to be arbitrary – It cannot be said that it has no nexus with ... should be granted or not to the impugned Act or the provision(s) contained therein. ... Since in view of th....
2018 0 Supreme(All) 1001 • India - Allahabad
SANGEETA CHANDRA
, Court even in appeal can take note of such supervening facts with fundamental impact – Rights vested by virtue of a statute cannot ... where right to remedy depends on presence or absence of certain basic facts under statute itself at time relief is to be ultimately granted ... [Para 79] ... Result; Order Accordingly. ... The said judgment of the Larger Bench of Five Judges has been challenged in Special Leave Petition before the Hon’ble Supreme Court where leave has been granted on 6.11.2017 and stay#HL_END....
2018 0 Supreme(AP) 12 • India - Andhra Pradesh
B.SIVA SANKARA RAO
proceedings without any order of stay - Registry is directed to place the matter before the Hon’ble the Acting Chief Justice to ... proceedings without any order of stay - CRP.No.6172 of 2017 is allowed in part to decide with main suit the I.A.No.191 of 2017 since ... for, so that it will not hamper proceedings before lower court from calling of records which practically staying the lower court ... particular record in original called for, so that it will no....
1955 0 Supreme(Nagpur) 8 • India - Nagpur
HIDAYATULLAH, R.KAUSHALENDRA RAO
The execution was kept pending due to a stay granted by the High Court. ... The court noted that the execution application had been kept pending due to a stay granted by the High Court, and that the amendment ... The court noted that the execution application had been kept pending due to a stay granted by the High Court, and that the amendment ... The stay was originally granted on 8-10-1940, but in view of miscell....
2024 2 Supreme 651 • India - Supreme Court
D. Y. CHANDRACHUD, ABHAY S. OKA, J. B. PARDIWALA, MANOJ MISRA, PANKAJ MITHAL
– Though High Court is not expected to record detailed reasons while dealing with prayer for grant of stay or interim relief, order ... stay order ought to be ordinarily by a speaking order and as a necessary corollary, stay order once granted cannot be vacated otherwise ... within time prescribed of two weeks – A reasoned stay order once granted#HL_EN....
2018 3 Supreme 152 • India - Supreme Court
ADARSH KUMAR GOEL, NAVIN SINHA, ROHINTON FALI NARIMAN
cannot be granted against order framing charges. ... one and conditional – Once stay is granted, proceedings should not be adjourned and concluded within two-three months. ... on day-to-day basis within two-three months – Stay should not exceed six months, unless extension is granted by a specific speaking ... In cases where stay is granted in future, the same will end on expiry of six months from....
1989 0 Supreme(Cal) 338 • India - Calcutta
SUSANTA CHATTERJI
A stay of operation of the order was granted for a period of two weeks from the date of the order. ... INTERFERE WITH STATUTORY AUTHORITIES - STAY OF OPERATION GRANTED FOR TWO WEEKS. ... record. ... According to the petitioner, the Income-tax Officer can exercise his jurisdiction and/or authority to rectify any mistake which is apparent from the record and not otherwise. ... He has also argued that the Act is a complete code and th....
1994 0 Supreme(Raj) 994 • India - Rajasthan
B.J.SHETHNA
He filed an amendment application to bring on record the orders passed during the pendency of the petition. ... The petitioner had not taken any steps to challenge the termination order by way of a substantive writ petition. ... The petitioner had not taken any steps to challenge the termination order by way of a substantive writ petition. 2. ... But, it appears from the record of this case that they were sought to be relied upon for the purpose of obtaining #HL_START....
1994 0 Supreme(Bom) 71 • India - Bombay
M.L.PENDSE, M.L.DUDHAT
Sections 262 and 321-Collectors statutory powers under the Code-Exercising of cannot ... held that the alleged communication dated February 22, 1993 is nothing but a bogus attempt on the part of the appellants to create record ... Held the order passed by the Collector does not suffer from any infirmity. ... The submission is entirely incorrect and cannot be accepted. ... Shri Jethmalani submitted that the Commissioner had not served any such notice on the appellants. The submission ....
2007 0 Supreme(Mad) 1665 • India - Madras
K.CHANDRU
The Registrar cannot set aside certification granted by him and members of the society can resort to civil proceedings to challenge ... The court concludes that the second respondent cannot set aside the certification granted by him and that the members of the society ... The Registrar cannot set aside certification granted by him and members of the society can resort to civil proceedings to challenge ... were granted by him as early as in the year 2002. ... An Interi....
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