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Report No. 58

"Stay" explained

5.14. "Stay" is of course, a convenient expression, which may be taken as covering several situations, important amongst which are the following:-

(a) Stay of proceedings held before a quasi-judicial authority (This is most frequently granted when the ultimate writ applied for is of certiorari);

(b) stay of executive action (usually prayed for when mandamus is sought);

(c) stay of administrative proceedings.

With reference to category (b) above, what is sometimes called "anticipatory mandamus", is also relevant. Alleged illegal action is sought to be prevented thereby.

Structure and Jurisdiction of the Higher Judiciary Back

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