Supreme Court of India Judgements

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C P C

Foreign Decree—Orders passed by Foreign Court—Amounts to a “decree”and same is executable in India.

Bysclaw

May 30, 2017

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By sclaw

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C P C

Specific Relief Act, 1963 — Section 41(h) — Injunction when refused — Equally efficacious remedy — A suit for mandatory injunction for removal of a wall is barred if the plaintiff has not claimed possession, and possession is disputed, as a suit for possession would be a more efficacious remedy.

Jan 17, 2026 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Suit for Permanent Injunction — Dismissal of Suit — Reversal by High Court — Scope of Interference by Supreme Court — Where the Trial Court dismissed a suit for permanent injunction on grounds of failure to establish title and uncertainty in property identification, and the High Court reversed this relying on unproven and unauthenticated documents/surveys (like a BDA survey not proved or authenticated, and a letter without a clear seal or legible signature), the High Court erred. (Paras 3, 4, 11, 12, 14)

Dec 18, 2025 sclaw
C P C Transfer Of Property Act

Transfer of Property Act, 1882 — Section 52 — Doctrine of Lis Pendens — Scope and Applicability — Transfer of mortgaged property pendente lite (after institution of suit by bank for recovery/foreclosure but before execution/attachment) is hit by Section 52 — Lack of knowledge of proceedings or possession of No Encumbrance Certificate does not constitute a valid defence against lis pendens, as the doctrine is based on public policy and binds the transferee regardless of notice — Pendency of suit commences from presentation of plaint and continues until complete satisfaction or discharge of final decree, as per Explanation to Section 52 — Where a bank institutes a suit for recovery of a loan against a mortgagor, seeking sale of the mortgaged property upon default, the right/interest in the mortgaged property is “directly and specifically in question” even if the initial decree is only a money decree. (Paras 46, 49, 50, 52, 62, 66, 67, 70)

Dec 17, 2025 sclaw

You missed

Dying Declaration I P C

Penal Code, 1860 (IPC) — Section 302 — Murder — Dying declaration — Admissibility and weight — A dying declaration can be the sole basis for conviction if it is voluntary, truthful, and reliable, even without corroboration. The court must scrutinize it carefully for tutoring or manipulation and consider the declarant’s opportunity to observe and identify the assailant and their fitness to make the statement.

Jan 18, 2026 sclaw
Stamp Act

Andhra Pradesh Stamp Act — Schedule I-A, Article 47A, Explanation I — Agreement to Sell — Deemed Conveyance — For an agreement to sell to be deemed a conveyance under Explanation I, the delivery of possession must be linked to the agreement to sell, either following it or evidenced by it. If possession existed prior to the agreement and was not surrendered or changed because of the agreement, it does not fall under this Explanation.

Jan 17, 2026 sclaw
C P C

Specific Relief Act, 1963 — Section 41(h) — Injunction when refused — Equally efficacious remedy — A suit for mandatory injunction for removal of a wall is barred if the plaintiff has not claimed possession, and possession is disputed, as a suit for possession would be a more efficacious remedy.

Jan 17, 2026 sclaw
Direct Taxation Income Tax Act

Income Tax Act, 1961 — Section 197, 245Q, 245R(2)(iii) — Double Taxation Avoidance Agreement (DTAA) between India and Mauritius, Article 13(4) — Capital Gains Tax — Advance Ruling — Tax Avoidance — The Authority for Advance Rulings (AAR) rejected an application for an advance ruling on the grounds that the transaction (sale of shares of a Singapore company by a Mauritius company) was prima facie designed for tax avoidance — The High Court overturned this decision, holding the assessee was entitled to treaty benefits and that their income was not chargeable in India — The Supreme Court is examining whether the AAR was correct in rejecting the applications for advance ruling on maintainability grounds.

Jan 17, 2026 sclaw