IA pending in high court should the lower court stop the o.s

Lower court cannot proceed,stay or no stay. It's wrongly construed that a Stay is necessary for stopping proceedings below. It would be Criminal Contempt by the lower Court as defined by Lord Hardwick.

What the High Court has decided

If no stay , the Lower court cannot be stopped from proceeding

Has the HC gave a date for further hearing on matter of stay

or the plea has been dismissed , or yet the appeal has been admitted , or what

pl clarify

Read these:

1970 LAB I.C 930(Vol,3,C.N.202), Calcutta High Court
ii AIR 1962 SC 1172
 

hi friends

There is no stay by the High Court.The IA is in admission stage.

On admission stage in High court the lower court can very well proceed.

Dear Dev,

Unless and until there is speaking order on IA/ Stay application till then lower court can proceed. by filing of appeal along with IA does not come under the purview of contempt. Lower Court can well proceed with matter.

Regards,

Rajiv Bhasin

Advocate

Bhasin & Associates

9811210505, 9868635640

My contention is seconded by two more learned experts

it is based on simple logic
 

Definetly  Mr. bhashin.

Thanks
 

Thanks friends for your replys.

Mr.  Rajiv  Bhasin  is  absolutely  correct,  unless  a  stay  is  granted,  there  is  no  impediment  for  the  Lower  Court  to proceed  in  the  case.

Mr.  Rajiv  Bhasin  is  absolutely  correct,  unless  a  stay  is  granted,  the Lower  Court  is free to proceed the  case.

.......................there is no impediment for lower court to proceed ....................Indeed ................ there no impediment on Lower Court, .............................

............. but it is the defendent/appellant's lawyer who's supposed to make a full proof application while moving upper court in appeal and also has to give complete service to his client...

The lawyer was supposed to also ask for 'Ad-interim stay as well interim stay on proceeding in loawer court until the disposal of appeal against defendent's IA dimissal order.

Lapses to take such precaution only increases complications (and litigations and adde business to lawyer!!! :)

The time delay is inevitable in ANY court litigations ........

E.G.

A Party goes to HC and files appeal <--------time delay------------->  notice of motion is served to non-appeallant <--------time delay------------->  Opposite Party files say  <--------time delay------------->  Adjudication of appeal etc

What may happen in the mean time????

If in the meantime, a party takes any actions in a hush hush manner then again opposite party has to take steps to set it aside!!! (e.g. a successful party trying to execute order ... or a successful defendent selling property on the nest  day of suit getting dismissed etc etc )