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Srimati Nityamoni Dasi Vs. Madhu Sudan Sen - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1911)13BOMLR419
AppellantSrimati Nityamoni Dasi
RespondentMadhu Sudan Sen
Excerpt:
practice--appeal admitted by special leare-- procer of the high court to stay execution.;where an appeal is admitted by special leave of bis majesty in council the high court has power to stay execution. - - their lordships venture to add that the learned judges of the high court are in a much better position than the members of this board to determine in any particular case whether execution ought to be stayed, and if so upon what terms and conditions and to what extent stay of execution ought to be granted.macnaghten, j.1. their lordships are of opinion that the high court has power to stay execution, notwithstanding that the appeal, as in this case, has been admitted by special leave of his majesty in council. their lordships venture to add that the learned judges of the high court are in a much better position than the members of this board to determine in any particular case whether execution ought to be stayed, and if so upon what terms and conditions and to what extent stay of execution ought to be granted.2. their lordships will humbly advise his majesty that execution in this case ought to be stayed upon such terms as the high court may direct.
Judgment:

Macnaghten, J.

1. Their Lordships are of opinion that the High Court has power to stay execution, notwithstanding that the appeal, as in this case, has been admitted by special leave of His Majesty in Council. Their Lordships venture to add that the learned Judges of the High Court are in a much better position than the members of this Board to determine in any particular case whether execution ought to be stayed, and if so upon what terms and conditions and to what extent stay of execution ought to be granted.

2. Their Lordships will humbly advise His Majesty that execution in this case ought to be stayed upon such terms as the High Court may direct.


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