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G. Anand Swarup. (Associate)     07 June 2011

Matter Stayed by High Court ~ Lower Court granting relief

Respected Members,

 

Namaskar!

 

In an instant Case the Honourable High Court had 'Stayed' the main Attachment Proceedings. However, in spite of the Honourable High Court Stay in force a Subordinate District Court Judge having knowledge about the Stay raises the Attachment in respect of few properties.

 

The Honourable High Court had Stayed the Attachment G.O. in which originally several properties were Attached. Whereas the lower Court Judge makes an observation in his Order while raising the attachment in respect of few properties that the High Court Stay will not bind him and releases few of the properties in spite of stiff opposition from the Government/Prosecution Side.

 

Subsequently, the Government/Prosecution has preferred a C.M.A. in the Honourable High Court challenging the subordinate Judge's Order of releasing the properties on the ground that when the Honourable High Court had already Stayed the main attachment proceedings the lower Court was not justified in releasing few of the properties and in this C.M.A. the Honourable High Court has Stayed the lower Court release Order and the C.M.A. is pending at present in the Honourable High Court. The Government/Prosecution has also challenged the lower Court's Order on other factual and legal grounds also.

 

Was the lower Court justified in releasing/raising the attachments of few properties when the main attachment proceedings were Stayed by High Court?

 

The lower Court has also referred to about the Stay of the Honourable High Court in its Order while releasing the properties and has observed that High Court Stay will not be binding upon for releasing the particular properties!

 

Further, the owners of the released properties do not cooperate with the prosecution for compounding and in spite of the Government/Prosecution stiffly objecting for releasing the properties the lower Court has released the properties!

 

Can a lower Court overrule a Higher Court Order?

 

I respectfully request the Honourable Members to educate me in this issue, especially whether a lower Court (District Court) can overrule the Honourable High Court Stay Order? Kindly please also help me with your valuable suggestions and citations.

 

Many thanks!



Learning

 7 Replies

Arup (UNEMPLOYED)     09 June 2011

However, in spite of the Honourable High Court Stay in force a Subordinate District Court Judge having knowledge about the Stay raises the Attachment in respect of few properties.

--- raise the matter at hc.

sometimes it happen.

the logic of the judge will be he has not officially got information, which means, against every stay or similar situation, hc send a copy to the concerned subordinate court, and that copy not received by the concerned judge.

however you raised the matter at hc - hope you will get relief.

Shrihari Vinayak Deshpande (manufacturer)     18 June 2011

dear sir, now a days all the courts & judges are corrupted. they are taking bribes. i have a lot of proofs for this. so don't step up for higher courts. i already lost the faith on court of laws. Yes, it is advisable you may direct contact to H'ble chief justice for further advice.

Vishwa (translator)     19 June 2011

Very well said, Shrihari. I will add that the lawyers know very well about the corrupt practices of judges in whose courts they appear, they are well aware of channels to be used for "setting up" a particular judge. The judges continue to be corrupt because lawyers, even those "oiseaux rares" do nothing to expose such judges. The whole thing is a sham bulit up to extort money from unwitting litigants.

Vishwa

Rishikesh / Dehradun

Shrihari Vinayak Deshpande (manufacturer)     19 June 2011

dear rakeshji, pl. don't mind if i write something about the court of laws. See firstly, all the workers working in the courts are supossed to be they are the manufactureres of the laws. they will tell us whatever which is not related with the subject to ours.

secondly all the workers of the court  are typical clerical minded people.

thirdly, all the judicial officers forget that they are the workers of the law & they are paid for serving the laws. instead of serving the laws they are invoved in bribes.

if it is correct pl. reply by revert mail.

Anil Agrawal (Retired)     10 January 2012

The problem gets accentuated when we don't get out of the habit of HONOURABLE.

Anil Agrawal (Retired)     10 January 2012

Where it is written that High Courts and Supreme Court should be referred to as HONOURABLE HIGH COURT OR HONOURABLE SUPREME COURT?

VIRAJ KADAM (Advocate Supreme Court of India)     14 January 2012

Dear Friend,

 

The Learned Trial Court is wrong in overlooking the High Courts order. It is breach of judicial ethics. Now, many would give lecture on this. But I strongly believe it could be a mistake. You must point this out to the concerned Court and if he ignore the same then approach the High Court.  

 

Regards

 

VIRAJ KADAM

Advocate,

Supreme Court of India


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