Action which a court can take during stay from hc

Legal_Query (Querist) 30 September 2011 This query is : Resolved
Dear Sir,

my query is
trial court grated bail to an accused in 20 NI Act case, with a condition that if he goes for foriegn visit he shall sought permission for the same. when the application was moved for the permission for foriegn visit the same was granted in granted in 19 cases. meanwhile HC stayed the proceeding in the 20th case. when the same application was moved in the 20th case, the court stated that as HC has stayed the proceeding so i cannot grant the permission and had sought some relevant citation/ guidelines for the same.

Pls provide your valuable suggestions/citations

thnks in anticipation of your responses.

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Shonee Kapoor (Expert) 30 September 2011
hmmm,

Trial court is technically right.

You can get the permission from HC.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Raj Kumar Makkad (Expert) 30 September 2011
As the proceeding has been stayed by HC, lower court is bound to follow its verdict, however, nothing might have been mentioned by HC about permission to allow to visit foreign trip so I am of the view to move this application before trial court and if it is rejected then file review against the same before HC so that you may get timely relief as desired.

R.Ramachandran (Expert) 01 October 2011
I agree with the views of Mr. Makkad.

prabhakar singh (Expert) 01 October 2011
I also agree with the views expressed by Mr. Makkad.

Sailesh Kumar Shah (Expert) 01 October 2011
No scope to differ with views of Shri Raj Kumar Makkad.

Guest (Expert) 01 October 2011
Shri Makkad has rightly advised.

Advocate. Arunagiri (Expert) 01 October 2011
While the matter is stayed by the higher court, the lower can not pass any orders on petitions.

Arun Kumar Bhagat (Expert) 10 October 2011
Stay is granted in further proceedings or operation of the order impugned is stayed?
It depends upon the language of the stay order.

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