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 |
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| (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 |
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| (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 |
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| (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 |
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| (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 |
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| (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 |
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| (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 |
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| (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 |
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| (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 |
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| (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.
