Case Type :-WRIC - WRIT - C
7 months ago
do lower court order are still valid and function?
case type (WRIC - WRIT - C)
as that case was further challenged in high court
and its currently pending
for judgement and there is no stay order ever passed on it by high court.
a)if yes
-do distirct migistrate & police are oblicated to follow lower court order or not
b)if no
-then why
The lower courts involved here is sdm and अपर आयुक्त प्रशासन which gave order in mine favour and it was further challenged by opposite party in high court.
A.Dear Client,
The validity and functioning of lower court orders can vary depending on the specific circumstances, the type of case, and the subsequent actions taken in higher courts. Here are some general considerations:
a) Validity and Obligation to Follow Lower Court Orders:
In many legal systems, lower court orders remain valid and must be followed unless they are specifically stayed or set aside by a higher court.
If there is no stay order issued by the higher court, then the lower court's order is typically binding, and authorities such as the District Magistrate and the police may be obligated to follow it.
b) Why Lower Court Orders May Not Be Followed:
If a case has been appealed to a higher court, the lower court's order may not be enforced if:
There is a stay order issued by the higher court explicitly suspending the lower court's order until the appeal is decided.
The higher court overturns or modifies the lower court's order upon reviewing the case.
The higher court determines that the lower court's order is not enforceable for legal reasons.
There are exceptional circumstances or legal provisions that exempt the case from enforcement.
It's important to note that legal procedures can vary by jurisdiction, and the specifics of your case may influence the application of these general principles.
Thank you.
The validity and functioning of lower court orders can vary depending on the specific circumstances, the type of case, and the subsequent actions taken in higher courts. Here are some general considerations:
a) Validity and Obligation to Follow Lower Court Orders:
In many legal systems, lower court orders remain valid and must be followed unless they are specifically stayed or set aside by a higher court.
If there is no stay order issued by the higher court, then the lower court's order is typically binding, and authorities such as the District Magistrate and the police may be obligated to follow it.
b) Why Lower Court Orders May Not Be Followed:
If a case has been appealed to a higher court, the lower court's order may not be enforced if:
There is a stay order issued by the higher court explicitly suspending the lower court's order until the appeal is decided.
The higher court overturns or modifies the lower court's order upon reviewing the case.
The higher court determines that the lower court's order is not enforceable for legal reasons.
There are exceptional circumstances or legal provisions that exempt the case from enforcement.
It's important to note that legal procedures can vary by jurisdiction, and the specifics of your case may influence the application of these general principles.
Thank you.
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A.Dear Client
First question is why the stay order was not sought at the High Court because that is the first thing that the appellant should have done.
Anyways, as long as there is no stay order or final order from the lower court decision hold good. Nut practically once the executant comes to know about an appeal in HC he/she abstain from executing any lower court order.
First question is why the stay order was not sought at the High Court because that is the first thing that the appellant should have done.
Anyways, as long as there is no stay order or final order from the lower court decision hold good. Nut practically once the executant comes to know about an appeal in HC he/she abstain from executing any lower court order.
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