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Pro Tanto Stay

Prerogative Writs & Extraordinary Remedies

Definition

"To that extent." A partial or limited interim stay granted by a constitutional court in a writ petition, staying only a specific offending clause of a notification while allowing the remainder of the policy to operate.

Example

In a writ challenging a university's examination schedule, the High Court grants a pro tanto stay exclusively regarding the late fee penalty clause while permitting the examinations to proceed as scheduled.