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Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
<h1>Court Orders Stay Petition Review Within One Month, Halts Coercive Recovery</h1> The court directed the respondent to consider and pass orders on the stay petition within one month, and to keep coercive recovery proceedings on hold ... Coercive recovery - stay petition - abeyance of recovery proceedings - expeditious considerationCoercive recovery - stay petition - abeyance of recovery proceedings - expeditious consideration - Whether coercive recovery proceedings could be initiated while a stay petition filed before the appellate authority in respect of the assessment order was pending consideration. - HELD THAT: - The High Court held that it would be unjust for the assessing authority to initiate coercive recovery of the disputed amount while the appellate authority had not yet considered the pending stay petition. The court directed that the appellate authority must consider and pass orders on the stay petition expeditiously, specifying a time limit of one month from receipt of a certified copy of the judgment. Pending such consideration and orders on the stay petition, coercive recovery proceedings in respect of the disputed amount under the appeal shall be kept in abeyance. The relief is procedural and limited to maintaining the status quo until the appellate authority decides the stay petition within the prescribed time. [Paras 3]The appellate authority is directed to decide the stay petition within one month and, until such decision, coercive recovery proceedings in respect of the disputed amount shall remain in abeyance.Final Conclusion: Writ petition disposed directing the appellate authority to decide the stay petition within one month; coercive recovery of the disputed amount to be kept in abeyance until such decision. The petitioner filed an appeal and a stay petition against an assessment order. Coercive recovery proceedings were initiated during the pendency of the stay petition. The court directed the respondent to consider and pass orders on the stay petition within one month, and to keep coercive recovery proceedings on hold until then.
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