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{"id":194504,"date":"2018-03-28T17:26:34","date_gmt":"2018-03-28T11:56:34","guid":{"rendered":"http:\/\/www.scconline.com\/blog\/?p=194504"},"modified":"2018-04-05T13:28:32","modified_gmt":"2018-04-05T07:58:32","slug":"civil-criminal-cases-cannot-be-stayed-for-more-than-6-months-extension-can-be-granted-only-by-a-speaking-order-sc","status":"publish","type":"post","link":"https:\/\/blogscconline-staging.azurewebsites.net\/post\/2018\/03\/28\/civil-criminal-cases-cannot-be-stayed-for-more-than-6-months-extension-can-be-granted-only-by-a-speaking-order-sc\/","title":{"rendered":"Civil\/criminal pending cases cannot be stayed for more than 6 months; Extension can be granted only by speaking order: SC"},"content":{"rendered":"\n
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Supreme Court<\/strong>: In order to ensure that the civil or criminal proceedings do not remain pending for unduly period at the trial stage, the 3-judge bench of A.K. Goel, Navin Sinha and R.F. Nariman, JJ directed that in all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months from today unless in an exceptional case by a speaking order such stay is extended.<\/em><\/p>\n

The order of the Court came after it noticed that at times, proceedings are adjourned sine die on account of stay and even after stay is vacated, intimation is not received and proceedings are not taken up. Hence, remedy is required not only for corruption cases but for all civil and criminal cases where on account of stay, civil and criminal proceedings are held up.<\/p>\n

Stating that the mandate of speedy justice applies to the Prevention of Corruption Act, 1947 cases as well as other cases where at trial stage proceedings are stayed by the higher court i.e. the High Court or a court below the High Court, as the case may be, the Court, hence, directed:<\/p>\n

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\u00a0\u201cIn all pending matters before the High Courts or other courts relating to PC Act or all other civil or criminal cases, where stay of proceedings in a pending trial is operating, stay will automatically lapse after six months from today unless extended by a speaking order on above parameters. Same course may also be adopted by civil and criminal appellate\/revisional courts under the jurisdiction of the High Courts. The trial courts may, on expiry of above period, resume the proceedings without waiting for any other intimation unless express order extending stay is produced.\u201d<\/p>\n<\/blockquote>\n

The directions issued by the Court for future cases are:<\/strong><\/p>\n