State of Punjab v. Balwinder Kaur

Supreme Court of India · 08 May 2008
H. K. Sema; Markandey Katju
CIVIL APPEAL NO. 7974 OF 2002
civil appeal_allowed Significant

AI Summary

The Supreme Court set aside the High Court's cryptic dismissal of a Regular Second Appeal and remanded the matter for reasoned and expeditious disposal.

Full Text
Translation output
http://JUDIS.NIC.IN SUPREME COURT OF INDIA
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7974 OF 2002
STATE OF PUNJAB & ORS. .......APPELLA
NT(S)
VERSUS
BALWINDER KAUR & ORS. .....RESPONDEN
T(S)
The order appealed against was passed by the High Court in Regular Second
Appeal. The High Court disposed of the Regular Second Appeal in terms of the following order:
"At the request of counsel for the appellant and respondent in person, instead of stay application, appeal itself is taken on board for final disposal.
No merit. Dismissed."
The order is cryptic, lacks reasons. We, accordingly, set aside the impugned order and remand the matter to the High Court to dispose of the appeal in accordance with law. The appeal is restored to the file of the High Court. Since the appeal is pending for quite sometime, the High Court is requested to dispose of the appeal as expeditiously as possible.
Appeal is allowed. ...........................J.
( H.K. SEMA )
New Delhi; ...........................J.
May 08, 2008. ( MARKANDEY KATJU )
JUDGMENT