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Report No. 58

Statistics indicating the grant of ad interim stay in petitions

5.9. We have collected statistics relating to ad interim stay granted by the High Courts in petitions under Article 226. These show1 that the proportion of cases in which such stay is granted is not negligible. The figures are as follows:

ALLAHABAD

(a) No. of cases in which stay was granted during the year (1971), in petitions under Article 226

3,419

(b) No. of cases in which stay was granted during the year after notice, in such petitions

867

BOMBAY

(a) No. of cases in which stay was granted during the year (1971), in petitions under Article 226

598

(b) No. of cases in which stay was granted during the year after notice, in such petitions

154

CALCUTTA

(a) No. of cases in which stay was granted during the year (1971), in petitions under Article 226

177

(b) No. of cases in which stay was granted during the year after notice, in such petitions

14

GUJARAT

(a) No. of cases in which stay was granted during the year (1971), in petitions under Article 226

415

(b) No. of cases in which stay was granted during the year after notice, in such petitions

163

KERALA

(a) No. of cases in which stay was granted during the year (1971), in petitions under Article 226

5.032

(b) No. of cases in which stay was granted during the year after notice, in such petitions

864

MADHYA PRADESH

(a) No. of cases in which stay was granted during the year (1971) in petitions under Article 226

260

(b) No. of cases in which stay was granted during the year after notice, in such petitions

48

MYSORE

(a) No. of cases in which stay was granted during the year (1971), in petitions under Article 226

1,143

(b) No. of cases in which stay was granted during the year after notice, in such petitions

Information is Not available.

PATNA

(a) No. of cases in which stay was granted during the year (1971), in petitions under Article 226

201

(b) No. of cases in which stay was granted during the year after notice, in such petitions

150

PUNJAB AND HARYANA

(a) No. of cases in which stay was granted during the year (1971), in petitions under Article 226

2,315

(b) No. of cases in which stay was granted during the year after noticed, in such petitions 1,143

73

RAJASTHAN

(a) No. of cases in which stay was granted during the year after notice, in such petitions 126

126

1. See paras 5.2 to 5.6, supra.

5.10. The percentage of stay granted during the years 1969, 1970 and 1971, without notice in writs under Article 226 by High Courts with reference to the total number of writs disposed of during those three years works out as follows1-2:

High Courts

Percentage

1. Allahabad High Court

23%

2. Bombay High Court

49%

3. Calcutta High Court

42%

4. Gujarat High Court

23%

5. Kerala High Court

67%

6. Madhya Pradesh High Court

11%

7. Madras High Court

19%

8. Orissa High Court

18%

9. Punjab & Haryana High Court

47%

10. Patna High Court3

37%

11. Rajasthan High Court

51%

  Total percentage

32% appx

1. Calculation based on figures of disposal given in statement No. H-1 and figures of interim stay in Statement H-2. These were collected by the Law Commission from the High Courts for the year concerned.

2. Arranged alphabetically.

3. This percentage for the Patna High Court is based on the figures for the year 1970 and 1971 Figures for 1969 have not been received.



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