Legal Question in Appeals and Writs in India

After order from Tribunal Society intimated the member that penalty could be imposed for violation of ByeLaw. 15 days after that SPGB resolved & inflicted penalty on the member. Asst Registrar (AR) awarded ex parte stay on minutes of GB and letter imposing penalty ( BLaw 39 tenant allowed without permission) on till further Order basis. Reason for Stay: Appeal period over also execution period for Trib. Order is over.

Requested (writ) AR to review the order. Because 1. action taken 45 days after judgment of Trib. 2. Trib. Order to be treated as Decree from Civil Court. 3. Execution period from 31st day of judgment till 12 years.

1) Can AR interfere in statutory decision of General Body ?

2) Any limit on validityof such Ex Parte stay ?

3) Is AR not responsible to resolve the matter ? If so within what time ?

4) After writ. request for review what society can do to vacate the stay order ?


Asked on 5/18/16, 9:38 pm

1 Answer from Attorneys

1) Yes

2) No

3) No

4) Get stay vacated.

Read more
Answered on 5/19/16, 6:24 am


Related Questions & Answers

More Appeals and Writs questions and answers in India