“The provisions of Section 24 of the Federal Supreme Court Act, dealing with stay of execution, are worthy of consideration. They state :- “24. An appeal under this part” (i.e. in civil cases) “shall not operate as a stay of execution, but the Supreme Court may order a stay of execution either unconditionally or upon the performance of such conditions as may be imposed in accordance with rules of Court.” It appears to us that the power of this Court under Section 24 of the Act is in no way fettered by the fact that a previous application to the High Court has been granted in the High Court; an applicant may, if he so desires, seek more favourable conditions in the Supreme Court, if he thinks the conditions laid down by the High Court are onerous or, for any other reason, are found unreasonable.”
JUDGMENT AND ORDER – Stay Of Execution of Judgment – Power of the Supreme Court to grant stay of execution
JUDGMENT AND ORDER – Stay of Execution of Judgment – Whether an application for stay of execution can be heard and decided on its merit by the Supreme Court where no appeal has been entered at the Supreme CourtJUDGMENT AND ORDER – Setting Aside Judgment or Order – Circumstances when a Court would set aside its judgment/decision/order