Whether HC can Adjourn a Matter Sine Die ?
The issue whether High Court can adjourn a matter sine die because the legal issue is pending before Supreme Court is now quite clear. Around 20 years ago in R.M. Yellatti v. Asstt Executive Engineer [2005] GCtR 6562 (SC) it has been clarified at page 5 that even if such a legal issue is pending before Supreme Court, case cannot be adjourned sine die.
What follows from R.M. Yellatti (2005) is clear. Adjourning a matter sine die by HC merely because the legal issue is pending before Supreme Court is not correct. It is only when Supreme Court has issued specific direction that HC should not entertain any petition on the similar issue that HC can refuse to entertain the case or can dismiss it ; it cannot keep it pending. The other situation is when a transfer petition is filed in SC and under A.139A of Constitution of India, SC withdraws the case from HC (even then, it is no adjournment, it is withdrawal). The factors are further clear from law laid down in High Court Bar Association, Allahabad v. State of UP [2024] GCtR 616 (SC) where Asian Resurfacing of Road Agency v. CBI [2018] GCtR 4067 (SC) was overruled but it was made clear that the factors for granting stay cannot be ignored by HC.
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