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Consider the following statements regarding Stay Orders:
- It is the act of temporarily stopping or postponing any judicial proceeding to secure the rights of a citizen.
- It cannot be used for the suspension of any specific proceeding within an ongoing case.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'A'. Can you explain this answer?
Verified Answer
Consider the following statements regarding Stay Orders: It is the act...
The Supreme Court recently agreed to review its 2018 judgment on the expiry period of stay orders to expedite trial proceedings.
About Stay Order:
- A ‘stay’ or ‘stay order’ is defined as the act of temporarily stopping or postponing any judicial proceeding through the court or legal authorities in India in order to secure the rights of a citizen.
- It could lead to the suspension of a case, or even the suspension of any specific proceeding within an ongoing case.
- So, till a stay order is in action, the operation of the Court’s proceedings is made standstill, and the party who seeks it can cause the operation of the other party (against whom the order is given) to cease.
- In the case of any key development that may require it, a judge may decide to issue a stay order without even formally prompting the other party or even a request being made to them in this regard.
- There are two types of stay orders: ‘stay of proceedings’ and ‘stay of execution’.
- A stay of proceedings is issued by the court in case there are parallel proceedings that take place, which may affect either one.
- A stay of execution refers to the complete halting of the enforcement of a verdict or judgement against someone, for example, when it is believed that a person is innocent and is given a pardon.
- This means that stay orders can persist conditionally or even absolutely.
- The Supreme Court on March 28, 2018,passed several directions with regard to stay orders, applicable to both civil and criminal matters, which are as follows:
- In all pending cases where a stay is granted and is operating, the stay will come to an end on expiry of 6 months from the March 28, 2018, unless, in exceptional cases, a speaking order extends the stay.
- In cases where stay is granted in the future, i.e, after March 28, 2018, the stay order will expire 6 months from the date of such order, unless an order of extension is granted by a speaking order.
- The speaking order granting an extension must show that the case was of such exceptional nature that continuing the stay was more important than having the trial finalized.
- The trial court may fix a date not later than 6 months from the date of the stay order.
- On the expiration of the period of 6 months, the trial court will resume the proceedings without waiting for any other intimation unless an express order extending the stay is produced.
Hence only statement 1 is correct.
Most Upvoted Answer
Consider the following statements regarding Stay Orders: It is the act...
Stay orders are judicial orders that temporarily stop or postpone any ongoing judicial proceeding. These orders are issued to secure the rights of a citizen. Let's analyze the given statements to understand their correctness.
1. It is the act of temporarily stopping or postponing any judicial proceeding to secure the rights of a citizen.
This statement is correct. Stay orders are issued by the court to temporarily halt or postpone the proceedings of a case. These orders are usually passed when there is a need to protect the rights of a citizen or to prevent any injustice or harm from occurring. By staying the proceedings, the court ensures that the rights of the parties involved are safeguarded until a final decision is reached.
2. It cannot be used for the suspension of any specific proceeding within an ongoing case.
This statement is incorrect. Stay orders can be used to suspend or halt specific proceedings within an ongoing case. For example, if there are multiple issues or stages involved in a case, a stay order can be passed to suspend or postpone a particular proceeding until a certain matter is resolved. This allows the court to address the concerns or disputes related to that specific proceeding separately.
Therefore, the correct answer is option 'a) 1 only'. The first statement is correct as stay orders are temporary measures taken to secure the rights of a citizen by halting or postponing judicial proceedings. The second statement is incorrect as stay orders can be used to suspend specific proceedings within an ongoing case.
1. It is the act of temporarily stopping or postponing any judicial proceeding to secure the rights of a citizen.
This statement is correct. Stay orders are issued by the court to temporarily halt or postpone the proceedings of a case. These orders are usually passed when there is a need to protect the rights of a citizen or to prevent any injustice or harm from occurring. By staying the proceedings, the court ensures that the rights of the parties involved are safeguarded until a final decision is reached.
2. It cannot be used for the suspension of any specific proceeding within an ongoing case.
This statement is incorrect. Stay orders can be used to suspend or halt specific proceedings within an ongoing case. For example, if there are multiple issues or stages involved in a case, a stay order can be passed to suspend or postpone a particular proceeding until a certain matter is resolved. This allows the court to address the concerns or disputes related to that specific proceeding separately.
Therefore, the correct answer is option 'a) 1 only'. The first statement is correct as stay orders are temporary measures taken to secure the rights of a citizen by halting or postponing judicial proceedings. The second statement is incorrect as stay orders can be used to suspend specific proceedings within an ongoing case.
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Consider the following statements regarding Stay Orders: It is the act of temporarily stopping or postponing any judicial proceeding to secure the rights of a citizen. It cannot be used for the suspension of any specific proceeding within an ongoing case.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?
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