adjourned sine die on account
of stay. Even after stay is vacated, intimation is not received and
proceedings are not taken up. In an attempt ... beyond six months of the order of stay
so that on expiry of period of stay, proceedings can commence
unless order of extension of stay
that the
five appellants had disobeyed an order of stay passed by it
staying proceedings pending before the Nyaya Panchayat,
Jokha Khas, District Deoria ... which has stayed proceedings also in this case.
It is, therefore, prayed that the proceedings in this case
may be stayed."
A document purporting
power under Section 107 , Government of India Act, 1915, to stay proceedings in subordinate Courts in the exercise of its powers of superintendence over inferior ... proceedings in the criminal case until the civil suit should be decided. The High Court in these circumstances directed that the criminal proceedings be stayed
beyond
six months of the order of stay so that on expiry of period of
stay, proceedings can commence unless order of extension of
stay ... beyond six months of the order of stay so
that on expiry of period of stay, proceedings can commence unless
order of extension of stay
beyond six months of the order of stay so that on expiry of period of stay, proceedings can commence unless order of extension of stay ... beyond six months of the order of stay so that on expiry of period of stay, proceedings can commence unless order of extension of stay
Prevention of Corruption Act
provides as under:
―(c) no court shall stay the proceedings
under this Act on any other ground and no
court shall ... occasioned, unless the proceedings are stayed. Even if the
Court is not inclined to stay the proceedings, considering the
embargo placed by Section
M/S Ws Retail Services Private Limited vs The State Of Karnataka on 14 November
criminal proceedings. The real principle would be : What are special facts and exceptional circumstances disclosed by the parallel proceedings to order the stay of criminal ... that the general rule is that the High Court should avoid staying proceedings in the lower courts. In my opinion the judgment of the Patna
approach and objective in the criminal proceedings and disciplinary proceedings is altogether distinct and different. In the disciplinary proceedings, the question is whether the respondent ... this Court referred to above are:
(i) Departmental proceedings and proceedings in a criminal case can proceed simultaneously as there is no bar in their
order granting stay must show application of mind. The
power to grant stay is coupled with accountability.
31. Wherever stay is granted, a speaking order ... account of stay will not prejudice the interest of
41
speedy trial in a corruption case. Once stay is granted,
proceedings should not be adjourned
