A Constitution Bench Rules that there cannot be Automatic Vacation of Stay Orders of Trial Courts or High Courts

A five-judge Bench of the Hon’ble Supreme Court (“Supreme Court”) in High Court Bar Assn. v. State of U.P., 2024 SCC OnLine SC 207 ruled that there cannot be an automatic vacation of stay orders granted by a lower court or High Court in civil and criminal cases after six months. The Constitution Bench presided by Chief Justice D Y Chandrachud did not agree with the view expressed by a three Judge bench in Asian Resurfacing of Road Agency (P) Ltd. v. CBI, (2018) 16 SCC 299 (“Asian Resurfacing”) that there should be an automatic vacation of a stay order of a lower court unless it is extended specifically.