Stay of proceedings -- Civil & Criminal Cases - There can be no automatic vacation of stay after expiry of a particular period until and unless an application to that effect has been filed by the other side and is decided following the principles of natural justice by a speaking order...........
Stay of proceedings -- Vacation of stay - Civil & Criminal Cases - There cannot be automatic vacation of stay granted by High Court - Direction that all the interim orders of stay of proceedings passed by every High Court automatically expire only by reason of lapse of time cannot be issued in the exercise of jurisdiction of Supreme Court u/art 142 of Constitution...........
Interim relief -- Civil & Criminal Cases - Interim relief can come to an end viz. (a) by disposal of the main case; (b) by a judicial order vacating interim relief after hearing the contesting parties...........
Stay of proceedings -- Vacation of stay - Civil & Criminal Cases - Interim order passed after hearing the contesting parties cannot be vacated by High Court without giving sufficient opportunity of being heard to the party whose prayer for interim relief has been granted...........
Stay of proceedings -- Vacation of stay - Civil & Criminal Cases - Even if interim relief is granted after hearing both the parties even then aggrieved party is not precluded from applying for vacating the same on the available grounds...........
Ad interim Order and interim order -- Difference - Civil & Criminal Cases - When stay of proceedings is granted without giving an opportunity of hearing to the contesting parties then it is an ad-interim order of stay - It can be converted into an interim order of stay only after an opportunity of being heard is granted to the contesting parties...........
Interim relief -- Civil & Criminal Cases - Interim relief can be vacated or modified, after hearing the parties, on the grounds viz. (a) That after getting an order of stay a party prolongs the proceedings on unwarranted grounds; (b) If interim relief is granted as a result of either suppression of misrepresentation of material facts; (c) if there is material change in..........
Stay of proceedings -- Vacation of stay - Civil & Criminal Cases - Grant of interim stay order ought to be ordinarily by a speaking order - Therefore, a stay order once granted cannot be vacated otherwise than by a speaking order, more so, when its extension also requires reasons to be recorded...........
Stay of proceedings -- Vacation of stay - Civil & Criminal Cases - A reasoned stay order once granted in any civil or criminal proceedings, if not specified to be time bound, would remain in operation till the decision of the main matter or until and unless an application is moved for its vacation and a speaking order is passed adhering to the principles of natural justice..........
Stay of proceedings -- Automatic vacation of stay - Civil & Criminal Cases - In cases where trials have been concluded as a result of automatic vacation of stay based only on the decision in the case of Asian Resurfacing, the orders of automatic vacation of stay shall remain valid...........
