Supreme Court grants stay on High Court judgment, orders notice to respondents. The Supreme Court ordered the issuance of notice to respondents, with special leave petitions served on those who had entered appearance. Counter ...
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Supreme Court grants stay on High Court judgment, orders notice to respondents.
The Supreme Court ordered the issuance of notice to respondents, with special leave petitions served on those who had entered appearance. Counter affidavit to be filed within six weeks, and rejoinder affidavit within four weeks. The Court stayed the operation of the judgment by the High Court, providing interim relief until a full review could be conducted.
Issues: 1. Service of notice to respondents 2. Filing of counter affidavit and rejoinder affidavit 3. Stay of operation of judgment by High Court
Analysis: 1. The Supreme Court ordered the issuance of notice to the respondents, returnable within eight weeks. As some respondents had already entered appearance, special leave petitions were to be served on them, and no further notice was required for those respondents. Other respondents were to be served in the usual course.
2. The Court directed the filing of a counter affidavit within six weeks and a rejoinder affidavit, if any, within four weeks from the filing of the counter affidavit. This procedural requirement ensured that all parties had the opportunity to present their arguments and respond to the claims made.
3. An interim measure was put in place by the Supreme Court, staying the operation of the judgment and order passed by the Division Bench of the High Court of Judicature at Patna on 30th September, 2016 in C.W.J.C. No.6675 of 2016 and related matters. This stay was likely granted to prevent any immediate enforcement of the High Court's decision until the Supreme Court could fully review the case.
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