Live Law
2023-12-13 06:16:01.0
Dwivedi: By issuing these directions we are not enabling the High Court to conduct the proceedings in a particular manner but disabling them. We are downgrading the status.
Dwivedi: There is some kind of a tendency sometimes that we try to limit the powers of the High Courts. What we really need is for the HCs to discharge its duties more effectively. Let us not curb the HCs, the time is to rebuild them.
CJI: There are two problems. One, the automatic vacation of stay prejudices the litigant irrespective of the conduct of that litigant. Because there are circumstances over which a litigant has no control.
CJI: Second, the vacation of an order of stay is also a judicial act. It is not an administrative act. So by directing that the stay will stand vacated without application of mind a judicial order is enforced as a result of which the stay is effected without application of mind