madhusudhana rao
02 May 2019 at 17:40
Sir, i would like to know that, the ruling of supreme court in Asian resurfacing road agency vs cbi, applies its own stay orders or not?
madhusudhana rao
28 April 2019 at 17:37
High court dismissed the quash petition of the accused. As against the said order, out of 3 accused only 2 accused appealed before supreme court in SLP criminal and obtained stay order during the notice period as under:-
“Issue notice. In the meanwhile there shall be stay of proceedings before trail court.”
Later, several notices were issued to 3rd accused but he did not choose to respond. There by other accused moved an I.A before Supreme Court to delete the accused no-3 from array of parties and same was allowed.
My question is, before trail court can we proceed with the next step of trail against 3rd accused since no stay is pending against him?
Or the above stay order against proceedings will hamper the proceedings against the 3rd accused?
Kindly enlighten me
madhusudhana rao
09 April 2019 at 17:23
Dear Sir,
I field a criminal case in 2010. Accused after receipt of summons from trail court, approached Hon’ble High Court to quash the proceedings U/S 482 Crpc. After 7 years of stay, ultimately the said application of the accused was dismissed in the year 2018. As against the dismissal order, accused appealed before Hon”ble Supreme Court and got stay order on 8-5-2018 in SLP(Crmnl) as under:-
“Issue notice. In the mean time there shall of stay of proceeding before trail court.”
As of today, the matter is pending before Hon’ble Supreme Court and may take time for final disposal.
Now the issue before trail court is, we ask trail court to proceed with the next step of trail since there was no extension of stay order after lapse of six months - in view Supreme court 3 judge bench ruling in Asian Resurfacing of Road Agency Vs, CBI, decided on 28-3-2018 . But accused argument is that, they got stay order from Supreme Court hence the above cited ruling is not binding on Supreme Court orders and they need not present before trail court.
Nowhere in the above cited judgment specifically it is mentioned that the said ruling is not binding on Supreme Court orders. So in the absence of such ruling, other side argument is valid?. Most importantly, the intention behind making such law is to curtail unduly delay on account of Stay, where both civil and criminal cases are pending at trail stage for decades. To remedy such situation the law was made. When such is the intention behind making such law, accused interpretation is valid?
The above cited judgment was delivered by a bench of 3 judges and the accused got stay order from bench of 2 judges. Whether, larger bench of Supreme Court judgments/orders are binding on smaller bench of supreme court orders or not?
Kindly enlighten on the question of law.
madhusudhana rao
09 April 2019 at 11:29
When, criminal trial proceedings of lower court are stayed by single bench supreme court order during the notice period, does such single bench stay order of supreme court without any extension of stay by speaking order automatically gets vacated on expiry of six months or not? - In view of the Supreme Court 3 judge’s ruling ---- in Asian resurfacing of road agency pvt ltd & anr vs. Central bureau of investigation decide on 28-3-2018.
Such ruling of 3 judge’s bench will prevail over the single bench ruling or not ?
can we proceed with the next step of trail at lower court?
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Specific performance suit u/s 28
performance suit to executive sale was decreed in plaints favour with a direction to deposit balance consideration within 2 months into court and defendants are directed to execute sale deed within 3 months. Plaint not deposited as directed and prayed for extension of time before trial court within the time u/s 148 of cpc but it was dismissed saying that “court can not entitled to enlarge time beyond time already granted”. Aggrieved by it plaint carried the matter to high court in CRP, wherein high court granted 10 days time to deposit the amount at the time of notice to others. Again plaint could not comply since he underwent open heart surgery. There by application was dismissed during the admission time in 2002. But in 2011, when defendants challenge to lower court decree before high court in A.S was dismissed, plaintiff again moved an I.A. for restoration & extension of time to deposit balance sale consideration in the same CRP before high court which is pending for consideration. There was no application for rescission of the contract by defendants before trail court. Now my question is :-
1. Now, can I file E.P. before lower court since it is within 12 years limitation? Non compliance of payment of balance sale consideration will be a impediment for E.P?
2. Decree under specific performance act u/s sec. 28 is not extinguished until it is executed in E.P or rescinded by trail court and till such time trail court retains the power and trail court can grant extension of time to deposit balance sale consideration in view of Apex court citation in Sardar Mohar singh vs. mangilal and also approved recently by apex court judgment in surendra pal soni vs sohan lal on 23-07-2019. Using this judgment now I want to move application before trail court for extension of time. But on the same subject an I.A already field by me is pending before High Court as mentioned above. Under these circumstances trail court will allow my application to deposit the money? Or is there any other way to proceed with the matter?
Experts in this area kindly advise me how to deal with this situation.