Suspension of Action Pending Appeal
Section 342 of the Cantonments Act, 2006 deals with suspension of Action Pending Appeal. On the admission of an appeal from an order, other than an order contained in a notice issued under section 144, section 183, section 238, section 273 or section 302, where the appellate authority so directs, all proceedings to enforce the order and all prosecutions for any contravention thereof sha The Act came into force on 18 Dec 2006.
On the admission of an appeal from an order, other than an order contained in a notice issued under section 144, section 183, section 238, section 273 or section 302, where the appellate authority so directs, all proceedings to enforce the order and all prosecutions for any contravention thereof shall be held in abeyance pending the decision of the appeal, and, if the order is set aside on appeal, disobedience thereto shall not be deemed to be an offence.
Section 342, The Cantonments Act, 2006 (Act 41 of 2006).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
- s. 144 Power to require repair or alternation of building
- s. 183 Power to exclude from cantonment persons refusing to attend hospital or dispensary
- s. 238 Power of Board to sanction or refuse
- s. 273 Prohibition and restriction of use of slaughter-house
- s. 302 Removal and exclusion from cantonment of disorderly persons
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Secunderabad Cantonment Board v. Narinder Kumar Dhingra
Court's Decision & Legal Precedent
s.248(1) notice to remove unauthorised construction is the executive gateway; appeal/suspension consequences are governed by ss.340–342. SC partly allowed Board appeals while clarifying appeal-admission precondition for stay. DATE-VERIFIED Final Order 10.04.2017 (order-25.pdf signed body).
On this section: s.342 stay-of-action is contingent on admitted appeal under s.340, not on bare filing.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 342
What have the courts held on Section 342 of the Cantonments Act?
Secunderabad Cantonment Board v. Narinder Kumar Dhingra (10 Apr 2017) is the leading judgment on this section among those set out below: s.342 stay-of-action is contingent on admitted appeal under s.340, not on bare filing.
How do I find court cases under Section 342 of the Cantonments Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Cantonments Act 2006 342, section 342 Cantonments Act 2006, section 342 of the Cantonments Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Secunderabad Cantonment Board v. Narinder Kumar Dhingra (10 Apr 2017).
What should I read with Section 342 of the Cantonments Act, and has it changed?
Its own text turns on section 144 (Power to require repair or alternation of building), section 183 (Power to exclude from cantonment persons refusing to attend hospital or dispensary), section 238 (Power of Board to sanction or refuse), section 273 (Prohibition and restriction of use of slaughter-house), and on 1 further provision, so none of them can safely be read on its own.
When did Section 342 of the Cantonments Act come into force?
Section 342 of the Cantonments Act, cited as Cantonments Act 2006 342, came into force on 18 Dec 2006, having been enacted on 13 Sep 2006. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2106 words
- 348. Power to make bye-laws1392 words
- 30. Interpretation1175 words
- 289. Penalty for causing nuisances993 words
- 283. Powers of entry and seizure755 words
- 64. Discretionary functions of Board736 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.