Lethargy Is Not an Exceptional Circumstance: Punjab & Haryana High Court Upholds Striking Off of Defence for Delay in Filing Written Statement Vague Decree of Injunction Can’t Be Executed by Attaching Machines: Rajasthan High Court Strikes Down Execution Order Mere permission to join proceedings without allowing filing of written statement is illusory: Punjab & Haryana High Court Sets Aside Ex Parte Proceedings Unregistered Power of Attorney Can’t Transfer Property: MP High Court Denies Title, Dismisses Ejectment Suit Mere Non-Recovery of Weapon Is Not Fatal When Circumstantial and Medical Evidence Prove Guilt Beyond Doubt: Allahabad High Court Failure to Examine Gazetted Officer and Magistrate Who Certified Seizure Goes to Root of Fair Trial Under NDPS Act : Calcutta High Court Tender Years Doctrine Is No Longer Good Law: Delhi High Court Slams Mother’s Custody Claim Built on Parental Alienation Negation of Bail is the Rule in NDPS Cases Involving Commercial Quantity: Himachal Pradesh High Court Denies Bail Single Stab Injury in Heat of Passion During Sudden Quarrel Is Not Murder: Kerala High Court Section 10 CPC Inapplicable To Labour Court Proceedings; Stay Of Individual Disputes Denied: Karnataka High Court 138 NI Act | Once Issuance and Signature on Cheque Are Admitted, Burden Shifts on Accused to Dislodge Statutory Presumption: Madras High Court Confession Cannot Substitute Proof: Bombay High Court Acquits Husband Convicted of Wife’s Murder "Sole Eyewitness Testimony, Corroborated by Medical and Recovery Evidence, Is Enough to Sustain Conviction Under Section 302 IPC: Allahabad High Court Partition Once Effected Cannot Be Reopened on Vague Allegations of Fraud: Andhra Pradesh High Court Upholds Registered Family Partition Deed Cancellation of Land Acquisition Compensation Without Allegation or Hearing Is Arbitrary: Supreme Court Restores Compensation to Innocent Land Owner Whether Act Was in Discharge of Official Duty Is a Question of Fact — Magistrate, Not High Court, Must Decide: Supreme Court Restricts Writ Interference in BNSS Cases Section 175(4) BNSS | Affidavit Is Not Optional — Even Complaints Against Public Servants Must Follow Procedural Rigour: Supreme Court Magistrate Cannot Be Directed to Recall His Judicial Order by a Writ Court: Supreme Court Warns Against Article 226 Interference in Pending Criminal Proceedings Even In Absence of Written Demand, If Substantial Dispute Exists or Is Apprehended, Reference Under Section 10 ID Act Is Valid: Supreme Court Absence of Classical Signs of Strangulation and Possibility of Hanging Nullifies Homicidal Theory: Supreme Court Holds Medical Evidence Alone Cannot Prove Guilt Confession Must Be Direct Acknowledgment of Guilt, Not Mere Presence at Scene: Supreme Court Slams Misuse of Section 164 CrPC Reversal of Acquittal Without Dislodging Trial Court’s Reasoning Is Impermissible: Supreme Court Restores Acquittal

Supreme Court Sets Aside High Court Order on MCA Restoration, Criticizes "Casual Approach"

07 May 2024 8:19 AM

By: Admin

The Supreme Court of India, in a judgment delivered on September 13, has set aside an order by the High Court of Gujarat which allowed the restoration of a Miscellaneous Civil Application (MCA) related to a property dispute. The apex court criticized the High Court for its "casual approach" and "unjustified" allowances of restoration applications that were previously dismissed for non-prosecution.

"No Litigant Should Be Permitted to Misuse the Process of Law"

In a case involving Vasant Nature Cure Hospital & Pratibha Maternity Hospital Trust as the Appellants, and Ukaji Ramaji's legal heirs as the Respondents, the Supreme Court took a stern view of the proceedings. Justice Bela M. Trivedi, in the judgment, observed that "no litigant should be permitted to be so lethargic and apathetic, much less should be permitted to misuse the process of law."

The case, with its roots in a property dispute related to employment, saw multiple restoration applications filed by the Respondents, all of which were dismissed for non-prosecution. Despite these dismissals, the High Court went ahead to allow another restoration application in a "very casual manner," without providing any reasons for doing so.

The Supreme Court's judgment directed the High Court's order to be set aside and allowed the appeal. In a parting shot to enforce judicial rigor, the Court directed the Respondents to deposit the cost of Rs. 15,000 as initially decided by the High Court.

Legal experts believe that this judgment could serve as a deterrent to frivolous legal applications and repeated misuse of the court system. It also emphasizes the importance of adhering to judicial guidelines and the potential consequences of failing to do so.

Date of Decision: 13.09.2023

VASANT NATURE CURE HOSPITAL & PRATIBHA MATERNITY HOSPITAL TRUST & ORS.  VS UKAJI RAMAJI-SINCE DECEASED THROUGH HIS  LEGAL HEIRS & ANR.  

Latest Legal News

  • by Admin
    28 January 2026 8:57 AM
Mere permission to join proceedings without allowing filing of written statement is illusory: Punjab & Haryana High Court Sets Aside Ex Parte Proceedings
  • by sayum
    28 January 2026 6:55 AM
Reversal of Acquittal Without Dislodging Trial Court’s Reasoning Is Impermissible: Supreme Court Restores Acquittal
  • by sayum
    28 January 2026 6:55 AM
Confession Must Be Direct Acknowledgment of Guilt, Not Mere Presence at Scene: Supreme Court Slams Misuse of Section 164 CrPC
  • by sayum
    28 January 2026 6:55 AM
Absence of Classical Signs of Strangulation and Possibility of Hanging Nullifies Homicidal Theory: Supreme Court Holds Medical Evidence Alone Cannot Prove Guilt
  • by sayum
    28 January 2026 6:55 AM
Even In Absence of Written Demand, If Substantial Dispute Exists or Is Apprehended, Reference Under Section 10 ID Act Is Valid: Supreme Court
  • by sayum
    28 January 2026 6:54 AM
Magistrate Cannot Be Directed to Recall His Judicial Order by a Writ Court: Supreme Court Warns Against Article 226 Interference in Pending Criminal Proceedings