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kiran (SE)     29 September 2009

Granting Stay order

On what basis ,judge would approve a stay order when the accused have no hard proof



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 3 Replies

Anil Agrawal (Retired)     01 October 2009

 Sanjay Dutt was let off under TADA; the Judge saying he is not a terrorist and possession of AK-47 does not make one terrorist. He can be convicted under Arms Act. Donot ask why and how decisions are made.

kiran (SE)     01 October 2009

Sorry if my question has hurt you.

Main intention behind this question is to get clarification related to my case.No one know for what reason my opponent has got stay order.There should be are reason .So to understand ,i posted this question.

Whom should i contact to know the reason behind the stay order.

 

Anil Agrawal (Retired)     01 October 2009

 No it has not hurt me. Stay orders are granted left, right and centre because it is thought that such orders don't hurt anybody. Once you get the order, you can merrily carry on what you were doing and throw it on the face of any authority like BMC when they come to demolish your premises. It is routine. Nothing to be exercised about it. If you anticipate that the other party is likely to move the court to obtain stay order, you file a caveat in the court requesting that you may be heard before such order is passed. But there is no granting that even after you are heard, stay order will not be granted. 

once a stay order is passed, you will become very old before you can get it vacated at enormous cost and time.


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