The Supreme Court bench of Justices Deepak Gupta and Aniruddha Bose, in a judgment in November, outlined three aspects they consider while granting a stay order.
Crux of the Matter
The 3 conditions are:
(i) the balance of convenience does not favour the alleged violator
(ii) the stay order does not cause irreparable harm or injury; and
(iii) there should be a prima facie case for granting the stay order.
The observation came while appeals were filed by the State of Mizoram against an HC order to keep in abeyance all paper lottery draws pursuant to the pending outcome of a writ petition filed by a lottery company.
The SC found that order would result in a loss of ₹20 lakh to the State government.
The SC said, “There is no way this loss can be compensated by the respondent no.1 writ petitioner (lottery company) since it is unwilling to furnish any bank guarantee in this regard.”
Curiopedia
A stay order means that certain parties are not allowed to take certain actions while the order is in effect. A stay can be granted automatically by operation of law or conventionally when the parties in a civil or criminal case agree that no execution shall occur for a certain period. If a party appeals a decision, any judgment issued by the original court may stay until the appeal is resolved. The court can subsequently lift the stay and resume proceedings based on events taking place after the stay is ordered. However, a stay is sometimes used as a device to postpone proceedings indefinitely. The Supreme Court of India is the highest judicial court under the Constitution of India, the highest constitutional court, with the power of judicial review. More Info
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