Renewal Is Not Extension Unless Terms Are Fixed in Same Deed: Bombay High Court Strikes Down ₹64.75 Lakh Stamp Duty Demand on Nine-Year Lease Fraud Vitiates All Solemn Acts—Appointment Void Ab Initio Even After 27 Years: Allahabad High Court Litigants Cannot Be Penalised For Attending Criminal Proceedings Listed On Same Day: Delhi High Court Restores Civil Suit Dismissed For Default Limited Permissive Use Confers No Right to Expand Trademark Beyond Agreed Territories: Bombay High Court Enforces Consent Decree in ‘New Indian Express’ Trademark Dispute Assam Rifles Not Entitled to Parity with Indian Army Merely Due to Similar Duties: Delhi High Court Dismisses Equal Pay Petition Conspiracy Cannot Be Presumed from Illicit Relationship: Bombay High Court Acquits Wife, Affirms Conviction of Paramour in Murder Case Bail in NDPS Commercial Quantity Cases Cannot Be Granted Without Satisfying Twin Conditions of Section 37: Delhi High Court Cancels Bail Orders Terming Them ‘Perversely Illegal’ Article 21 Rights Not Absolute In Cases Threatening National Security: Supreme Court Sets Aside Bail Granted In Jnaneshwari Express Derailment Case A Computer Programme That Solves a Technical Problem Is Not Barred Under Section 3(k): Madras High Court Allows Patent for Software-Based Data Lineage System Premature Auction Without 30-Day Redemption Violates Section 176 and Bank’s Own Terms: Orissa High Court Quashes Canara Bank’s Gold Loan Sale Courts Can’t Stall Climate-Resilient Public Projects: Madras High Court Lifts Status Quo on Eco Park, Pond Works at Race Club Land No Cross-Examination, No Conviction: Gujarat High Court Quashes Customs Penalty for Violating Principles of Natural Justice ITAT Was Wrong in Disregarding Statements Under Oath, But Additions Unsustainable Without Corroborative Evidence: Madras High Court Deduction Theory Under Old Land Acquisition Law Has No Place Under 2013 Act: Punjab & Haryana High Court Enhances Compensation for Metro Land Acquisition UIT Cannot Turn Around After Issuing Pattas, It's Estopped Now: Rajasthan High Court Private Doctor’s Widow Eligible for COVID Insurance if Duty Proven: Supreme Court Rebukes Narrow Interpretation of COVID-Era Orders Smaller Benches Cannot Override Constitution Bench Authority Under The Guise Of Clarification: Supreme Court Criticises Judicial Indiscipline Public Premises Act, 1971 | PP Act Overrides State Rent Control Laws for All Tenancies; Suhas Pophale Overruled: Supreme Court Court Has No Power To Reduce Sentence Below Statutory Minimum Under NDPS Act: Supreme Court Denies Relief To Young Mother Convicted With 23.5 kg Ganja Non-Compliance With Section 52-A Is Not Per Se Fatal: Supreme Court Clarifies Law On Sampling Procedure Under NDPS Act MBA Degree Doesn’t Feed the Stomach: Delhi High Court Says Wife’s Qualification No Ground to Deny Maintenance POCSO Presumption Is Not a Dead Letter, But ‘Sterling Witness’ Test Still Governs Conviction: Bombay High Court High Courts Cannot Routinely Entertain Contempt Petitions Beyond One Year: Madras High Court Declines Contempt Plea Filed After Four Years Courts Cannot Reject Suit by Weighing Evidence at Threshold: Delhi High Court Restores Discrimination Suit by Indian Staff Against Italian Embassy Improvised Testimonies and Dubious Recovery Cannot Sustain Murder Conviction: Allahabad High Court Acquits Two In Murder Case Sale with Repurchase Condition is Not a Mortgage: Bombay High Court Reverses Redemption Decree After 27-Year Delay Second Transfer Application on Same Grounds is Not Maintainable: Punjab & Haryana High Court Clarifies Legal Position under Section 24 CPC Custodial Interrogation Is Not Punitive — Arrest Cannot Be Used as a Tool to Humiliate in Corporate Offence Allegations: Delhi High Court Grants Anticipatory Bail Partnership Act | Eviction Suit by Unregistered Firm Maintainable if Based on Statutory Right: Madhya Pradesh High Court Reasonable Grounds Under Section 37 of NDPS Act Cannot Be Equated with Proof; They Must Reflect More Than Suspicion, But Less Than Conviction: J&K HC Apprehension to Life Is a Just Ground for Transfer When Roots Lie in History of Ideological Violence: Bombay High Court Transfers Defamation Suits Against Hamid Dabholkar, Nikhil Wagle From Goa to Maharashtra

"Abuse and Misuse of Legal Process Require Stern Action," Says Supreme Court in Dismissing Petitions with Rs. 3 Lakhs Cost

05 September 2024 5:42 AM

By: Admin


In a recent order, the Supreme Court of India issued a stern warning against the abuse and misuse of legal proceedings. The bench, comprised of Hon'ble Mr. Justice Vikram Nath and Hon'ble Mr. Justice Rajesh Bindal, dismissed three petitions filed by the same petitioner, imposing costs of Rs. 3 Lakhs to be deposited with the Gujarat High Court Advocates Association for welfare activities.

"We are thus of the view that such abuse and misuse of the process of law require to be dealt with firmly," observed the bench, sending a strong message against frivolous litigations and unwarranted delays in trial proceedings.

The petitioner, an accused in a case dating back to 1996 under the Narcotic Drugs and Psychotropic Substances Act, 1985, and the Indian Penal Code, 1860, was found to have delayed the trial for about 25-26 years. The judgment noted that the petitioner filed multiple petitions, not only before the High Court but also the Supreme Court, to "somehow or the other stall the trial."

The Court remarked that both the Trial Court and the High Court had exercised due judicial discretion in rejecting meritless interlocutory applications filed by the petitioner. "We do not find any infirmity in the orders passed by the High Court," stated the bench.

The Court also made it clear that the cost imposition was a step toward curbing such abuses. "Accordingly, we dismiss all the three petitions with cost of Rs.1 Lakh each i.e. total of Rs.3 Lakhs to be deposited within four weeks from today," the bench added.

Legal experts see this as a landmark judgment that could act as a deterrent against the misuse of judicial resources and incessant delays in court proceedings. The decision is also viewed as a push towards judicial efficiency and a fair trial within a reasonable timeframe.

The case had garnered attention due to its prolonged history and the Court's final decision is seen as upholding the sanctity of the judicial process in India.

Date of Decision: 03-10-2023

SANJIV KUMAR RAJENDRABHAI BHATT  vs THE STATE OF GUJARAT        

Latest Legal News