Privy Council(1911) 03 PRI CK 0001

Srimati Nityamoni Dasi and Others vs Madhu Sudan Sen and others

Privy Council · Decided on 10 March 1911 · Citation: (1911) 38 IndApp 74

HON’BLE JUDGES
Macnaghten, Robson, Arthur Wilson, JJ.

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Judgment

1 paragraphs · 114 words

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 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.