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Dhiraj Srivastava (Finance Manager)     25 June 2018

All stay to be vacated after 6 months - supreme court order

Dear Experts,

You all know that Hon'ble Supreme Court of India has ordered on 28.03.2018 in CA 1375-1376 of 2013 that all stays in criminal cases shall come to end within 6 months from the order date i.e. 28.03.2018. That means by 27.09.2018 , all stay will cease to exist. It is written in the order that stay shall be vacated unless it is extended by  a speaking order.

Now questions is:-

Whether cases where stay order is granted by High Court citing that "proceeding shall be stayed till the next date of listing"   shall also fall in these category? Here stay is granted till next date of listing and listing of case is not in the hand of appelant. Isn't this a speaking order where stay is granted till next date of listing.

Please advise.



Learning

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