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Validity of a court stay is only 6 months unless there is no subsequent speaking orders. www.jamesadhikaram.com
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No. A-60025/24/2011-A (NG) Dated: 9th July, 2018
To
The Director / Dy. Director Ilc,
All MSME-DIs/TCsTIs.
Sub:- Judgement dated 28.03.2018 in Criminal Appeal No. 1375-1376
of 2013 passedby Hon'bleSupremeCourt of India. - reg.
Sir,
I am directed to forward herewith a copy of Office Memorandum No.
N-l? 110/2018-NM dated 13.06.2018 received from Minister of Law &
Justice, Department of Justice on the subject mentioned above for
compliance.
Encl: As above.
Yours faithfully,
~~~,Ib
(Nitin Sharma)
Asstt. Director (Admn)
2. ',I ) r'
" ,l .:.'r f' "; ,
) ~ C. ~
"-1"File No. N-17tl0/2018-NM
Government of India
Ministry of Law and Justice
Department of Justice
Jaisalmer House
26, Mansingh Road, New Delhi-11 0011
Dated: the 13th June, 2018
OFFICE MEMORANDUM
Subject: Judgement dated 28.03.2018 in Criminal Appeal No. 1375-1376 of 2013
passed by Honble Supreme Court of India,
Sir,
This Department has received a copy of Judgement dated 28.03.2018 in
Criminal Appeal No 1375-1376 of 2013 passed by Hon ble Supreme Court of India,
through the Office of Honble Prime Minister for forwarding to all concerned.
The implication of the aforesaid Judgment is that where any action by a
development agency or an enforcement agency, as the case may be, was stayed by a court
of law, the same shall stand vacated autom_~ti~at the expiry of 6 months from he date of
the order i.e. 28.03.2018, unless the same 'IS ex ended by a speaking order. Further, the
judgment casts a responsibility on the court granting stay that the speaking order must show
that the case was of such exceptional nature that continuing the stay was more important
than having the trial finalized. Also, in such cases where the stay is extended, the trial court
has been directed to fix a date not beyond six months of the order of stay so that on expiry
of period of stay, proceedings can commence.
The judgment of Hen ble Supreme Court can be accessed at
https://sci qov.in/supremecourt/2011/27580/27580 J_udqement 28-Mar-2018.pdf
( ( )
5,_~.c~~_._
(Giridnar G Pal)
Director
Ph. 23072145
. - < '.' . trt
,!.3jc1"TI lo/6 /1c_9
-4../..::{'d-
: Secretary
Ministry of Micro. Small & Medium Enterprises
: Udhyog Bhawan, Rafi Marg,
i New Delhi - 110011