Upgrad LLM

can municipal body impose penalty against stay order

lawyer

Is there any authority of supreme court of India or any high court available on the issue: That NDMC cannot charge penalty on the period of stay in a recovery suit.
 
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lawyer

Ndmc can't have this privilege to impose penalty for taking stay order which is certainly not illegal whatsoever the period? I think this issue may not have ever went up for judgement or may have been dismissed in limine with cost. But if any order in support or against please share and obliged.
 
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Retired Manager

Stay Order is temporary in nature from a rule/statue being applied to a person/organization. When the Law/Rule is contested in a Court of Law, the Court after consideration of all facts, at its discretion gives stay order. However, if the Plaintiff of the case, who obtained the Stay Order loses the case, the Defendant, in your case NDMC can implement their rules and regulations even during the stay period.  However, the judgement is to be examined whether the Court gave any exemption or date of implementation of the judgement. 

 
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Retired employee.

You can also seek same information from NDMC under RTI Act.

Information solicited:

1. Please provide me the copy of laid down norms/orders/notifications that empower NDMC to collect penalty when there is a stay order in force on such costs.

 
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