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.
Back
