Legal Counsel Vidhikarya

Responded 6 months ago

View All Answers
A.Dear Client,
The trial Court where an order of stay of civil or criminal proceedings is produced may fix a date not beyond six months of the order of stay so that on expiry of the period of stay, proceedings can commence unless an order of extension of stay is produced. To remove a stay order you need to contest the claim in the concerned court immediately or take the risk of losing your control, possession, hold, interests, and eventually, your title to the property. If the Stay was ordered by a lower court, then the High Court could vacate the stay on appeal, Find a good lawyer, get your documentation ready, and file your affidavit in defense to vacate the stay order without further delay. In March 2018, the Supreme Court had directed that where a stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months unless in an exceptional case by a speaking order such stay is extended.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 6 months ago

View All Answers
A.Dear Client,
You have to move the same bench of the High Court to vacate the stay. You will have to give reasons why the stay should be vacated. The Opposite Party will have to be heard. If you engage a senior lawyer, he can mention it and get an early hearing.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconCwjc 1162/2023 service matter not listed
Dear Sir, Normally, many High Court not giving next dates. It is for the litigant who is in urgency must file an application through its advocate for taking his case on Board.
question iconAgreement
Dear Client, Adoption of a child without complying with the procedures as prescribed under the Hindu Adoption and Maintenance Act, 1956, and the Juvenile Justice (Care and Protection of Children) Act,...
question iconcast certificate invalidate
Dear Client, The caste certificates are issued, verified and canceled by the authorities of the respective State Governments. Each State Government has its own system/procedure in this regard. Candida...
question iconI did not get salary of January month
Dear Client, Your query requires more details to address it suitably; However, in the given scenario, , you need to serve a legal notice protesting the arbitrary and unethical action of the employer a...
question iconNo proper opportunity of hearing
Dear Client, Quasi-judicial bodies have their authority limited to specific areas like financial markets, public standards, employment law, land use, and zoning, and a specific set of regulations of...