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Showing posts from April, 2018

SUPREME COURT FIXES SIX MONTHS AS LIMITATION PERIOD ON STAY OF TRIAL PROCEEDINGS

The Hon’ble Supreme Court of India in a very significant judgment has ruled that stay of proceedings in a pending trial, whether civil or criminal, will automatically lapse after six months from the date of grant of stay order unless extended, in an exceptional circumstance, by a speaking order. The Hon’ble Supreme Court comes up with this significant direction in a judgment, dated March 28, 2018, arising out of Prevention of Corruption Act, in Asian Resurfacing of Road Agency Pvt. Ltd. & Anr. Versus Central Bureau of Investigation, by a bench comprising of Hon’ble Mr. Justice Adarsh Kumar Goel and Hon’ble Mr. Justice Navin Sinha. The said judgment was concurred by Hon’ble Mr. Justice Rohinton Fali Nariman in a separate but concurring judgment. The Hon’ble Supreme Court with an objective of remedying the situation of proceedings remaining pending for long on account of stay considered it appropriate to direct that: “in all pending cases where stay against proceedings of a civil or…