Stay

Condition precedent not fulfilled-Supreme Court granting stay of execution of impugned judgment subject to petitioner's paying monthly compensation for use and occupation of disputed property during pendency of proceedings

Petitioners failing to fulfil condition precedent

Interim stay vacated.

Tribunal itself feeling difficulty in finding satisfactory evidence on record as to questions (i) whether alleged disqualification was known to voters and (ii) whether finding on issue of age of appellant would be gone into in light of evidence on record in statutory appeal by right

There being prima facie case for interference so far as interim stay was concerned, operation of impugned order suspended.

Mere filing of appeal or revision does not ' operate as stay order-Prohibition or restraint cannot be implied but must be clearly expressed and communicated.

S. 13 (6) read with Constitution of Pakistan (1973), Art. 185(3}-Leave to appeal-Stay-Petitioner's counsel having relied on decision of a High Court holding order for deposit of tentative rent to be not final and tenant as such being entitled to show cause against same before his defence eventually ordered to be struck off-Execution of ejectment order stayed till hearing of main petition on condition of petitioner depositing future monthly rent before 15th of each succeeding calendar month.

Execution proceedings-Stay-Money suit- Courts usually do not stay execution of decree in, till disposal of appeal because no irreparable loss caused thereby.

Stay Stay-Criminal proceeding-Civil suit pending between parties on substantially identical issues-Stay of criminal case when desirable. Though no invariable rule can be laid down, it is ordinarily undesirable to institute criminal proceedings until the determination of civil proceedings in which the same issues are involved. A case in which the criminal liability of the accused could be established regardless of the result of the civil suit, stay of the criminal proceedings would be declined. But, where, the decision in the civil suit is likely to have a direct and vital bearing upon the alleged guilt or otherwise of the accused in the criminal case or render his prosecution, for all practical purposes, infructuous, the proper course is to keep the criminal case stayed. Similarly if the object of the criminal proceedings, in a private prosecution, is to use it as a lever to coerce the accused Into a compromise of civil suit or if there Is the chance of prejudice to the accused if the criminal case against him were allowed to proceed and be disposed of before the civil suit and should the case be thus decided unfavourably to him, that decision is likely to prejudice him in his defence in the civil suit as well, the Court will be fully justified in staying a criminal case before it till the disposal of a civil suit pending between the parties.

Stay Stay-Of criminal proceedings-Pending civil suit-No hard and fast rule-Every case to be-decided on its own peculiar circumstances.