meaning of admitting the appeal in a court

tarun goyal (Querist) 11 October 2009 This query is : Resolved
respected sirs,when an appellate court admits an appeal on an issue without giving stay to the order of lower court, what is the effect of the order passed by the lower court. can it be implemented. can the order passed by the lower court be cited in the other case. what is the effect if the case is not decided in the appellate court for a long time.

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Kiran Kumar (Expert) 11 October 2009
if the stay is not granted agaisnt the judgment and decree of lower court then file an execution to get the order of civil court implemented.

the order passed by civil court may be useful in other set of litigation between the same parties or the concerned parties, but trial court orders are otherwise not judicial precedence.

tarun goyal (Querist) 11 October 2009
thanx kiran ji, what about the position with regard to tax matters.

Sachin Bhatia (Expert) 11 October 2009
You can file an execution if stay is not granted against the decree of lower court.

Guest (Expert) 11 October 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE STAY AND APPEAL KINDLY NOTE THAT.
1.IF STAY IS NOT GRANTED BY APPELLATE COURT THEN THE LOWER COURT JUDGEMENT AND DECREE CAN BE EXECUTED BY FILING EXECUTION APPLICATION OF THE SAID JUDGEMENT AND DECREE.
2.IN CASE STAY IS NOT GRANTED BY APPELLATE COURT THEN THE OTHER SIDE MAY APPROACH HIGH COURT FOR STAY.

IN CASE ANY FURTHER INFORMATION IS REQUIRED THEN KINDLY SEND DETAILS AND FACTS OF THE CASE.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

joyce (Expert) 11 October 2009
Can file exection case & proceed with the matter. But limitaion Act also exists, u can talk about that with ur local advocate, if u need more knowledge.

Raj Kumar Makkad (Expert) 12 October 2009
i agree with the opinion of Nand Kumar and Kiran

Adinath@Avinash Patil (Expert) 12 October 2009
I AGREE WITH NANDKUMAR

tarun goyal (Querist) 12 October 2009
thanx to all learned experts. actually my query is with status of the case in taxation matters when the original order passed by an authority is vacated by the Tribunal and the Department goes in appeal with the Higher Court. what will be the effect of the order of the Tribunal when the appeal is admitted by the Appellate court but no decision is given for the time being.

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