No need for parties to be in trial court when proceedings are stayed

Sapna Arora Vs The State of Punjab

Supreme Court

12/10/2018

Transfer Petition(s)(Criminal) No(s). 494/2018

About/from the judgment:

“We fail to understand the logic behind such a practice”

 

The Supreme Court said when trial court proceedings are stayed, there is no need for the parties to be in court till the stay is vacated or modified by the court which granted the stay.

 

This observation was made by the bench, also comprising Justice S. Abdul Nazeer, while it was told by a lawyer appearing in a transfer case, that despite the stay granted by it, the trial court in Punjab is insisting for the presence of the parties.

 

“We fail to understand the logic behind such a practice, if the submission of the learned counsel is correct. We make it clear that since the proceedings are stayed, there is no need for the parties to be in Court till the stay is vacated or modified by the Court, which granted the stay.”

 

The bench then requested the Registrar General of the High Court of Punjab and Haryana to issue a clarification in that regard to all the courts in the states.

 

In the transfer petition filed by one Sapna Arora, the bench had on Tuesday issued notice and had stayed further proceedings pending before Sub Divisional Judicial Magistrate, Phagwara, Punjab.

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

Formats for use
Please reload

Talk to our volunteer on our #Helpline

8882-498-498

Single Helpline Number For Men In Distress In India

Join our mailing list!  Stay up-to-date on upcoming projects, offers & events.

  • Follow Daaman on Facebook
  • Follow Daaman on Twitter

©2018-2020 Daaman Welfare Society & Trust.

All rights reserved.

Beware, anyone can be a victim of gender bias in society and laws! 

Don't wait: Schedule a conversation with a trusted, experienced Men's Rights Activist to find out how only awareness is the key to fight and remove prevailing gender bias against men in society.