Interim stay procedure requires urgent mentioning to secure out of turn hearing before seeking suspension of adverse orders. Departmental practice requires filing SLPs with stay applications and, where urgency exists, seeking out of turn listing via an urgency application to the Registrar for ad interim stay. If the High Court imposes an implementation time limit, the Commissionerate must seek extension until the Department's SLP/stay is disposed; refusals and any contempt notices must be faxed to the Board immediately. Commissioners must not unilaterally release goods or order refunds while the Department's SLP or stay application is pending and must consult the Board before any such action.
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.
Interim stay procedure requires urgent mentioning to secure out of turn hearing before seeking suspension of adverse orders.
Departmental practice requires filing SLPs with stay applications and, where urgency exists, seeking out of turn listing via an urgency application to the Registrar for ad interim stay. If the High Court imposes an implementation time limit, the Commissionerate must seek extension until the Department's SLP/stay is disposed; refusals and any contempt notices must be faxed to the Board immediately. Commissioners must not unilaterally release goods or order refunds while the Department's SLP or stay application is pending and must consult the Board before any such action.
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