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Supreme Court of India 2024-02-29 remanded

High Court Bar Association, Allahabad vs State of U.P. & Ors

Bench: CB — Dhananjaya Y. Chandrachud, Abhay S. Oka, J.B. Pardiwala, Manoj Misra

In Brief

This Constitution Bench reference examined whether the Supreme Court can order automatic vacation of interim stay orders granted by High Courts after six months (as directed in Asian Resurfacing). The Court held that automatic vacation without hearing the beneficiary violates natural justice principles and Article 142 cannot be used to nullify benefits for non-parties. While interim relief should be expedited, courts cannot impose blanket time-bound directives on others except in extraordinary circumstances. Interim orders passed after hearing parties require a reasoned order for vacation. The High Court's powers under Articles 226-227 form part of the basic structure and cannot be curtailed by Supreme Court directions affecting substantive rights of litigants not before the Court.

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Constitutional Law Interim Relief Judicial Powers Article 142 High Court Jurisdiction Criminal Procedure Natural Justice Administrative Law

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