Supreme Court of India · 2009-01-27
RAJ KISHORE PANDEY vs STATE OF U.P. .
- Citation / case number
- SC 2007/29415
- Court
- Supreme Court of India
- Petitioner
- RAJ KISHORE PANDEY
- Respondent
- STATE OF U.P. .
- Author
- TARUN CHATTERJEE,H.L. DATTU, , ,
- Bench
- TARUN CHATTERJEE,H.L. DATTU, , ,
Judgment text excerpt
The Supreme Court held that the High Court's rejection of the Restoration Application was hyper-technical and not justified, given that the appellant's counsel was elevated to the bench and the other was ill. The Court emphasized that the discretion to consider sufficient cause should be exercised on sound principles, prioritizing justice over technicalities. Consequently, the Supreme Court set aside the High Court's orders and restored the writ petition for consideration on merits within six months.