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Report No. 58

High Court's Power to grant interim stay discussed

5.18. There has been some discussion even about the existence of a power to issue interim stay in writ cases. It has sometimes been argued that the High Court has no power to issue ad interim writs. In an Allahabad case, for example, some doubt was raised on the subject.1

By and large, however, it is assumed that the power to issue an ad interim order exists.

1. Gyan Chand Bhatia v. Rent Control and Election Officer, Lucknozv, AIR 1966 All 57 (FB).

Structure and Jurisdiction of the Higher Judiciary Back

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