Supreme Court of India Judgements

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C P C

Second Appeal—High Court without admitting second appeal cannot entertain application seeking interim relief.

Bysclaw

Mar 11, 2018

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C P C

Civil Procedure Code, 1908 (CPC) — Order 21 Rule 90(3) — Execution Sale — Setting aside sale on ground of irregularity — Statutory bar against judgment debtor — Scope and application of Order 21 Rule 90(3) CPC (inserted w.e.f. 01.02.1977) — No application to set aside sale shall be entertained on any ground which the applicant could have taken on or before the date the proclamation of sale was drawn up — Mandates vigilance by judgment debtor regarding pre-sale illegalities or material irregularities. (Paras 10, 15, 17)

Nov 30, 2025 sclaw
C P C

Civil Procedure Code, 1908 — Order 38 Rule 5, Rule 8, Rule 10 — Order 21 Rule 58 — Transfer of Property Act, 1882 — Section 53 — Attachment before judgment — Scope of — Effect on prior transfer — Property already transferred by registered sale deed prior to institution of suit cannot be subject to attachment before judgment under Order 38 Rule 5 CPC — Essential condition for Order 38 Rule 5 is that property must belong to defendant on date of institution of suit — Attachment before judgment is a protective measure and does not create any charge or proprietary interest in favour of plaintiff (Rule 10). (Paras 10.1.1, 11.1, 11.3, 12, 14, 17, 18, 20)

Nov 30, 2025 sclaw
C P C

Civil Procedure Code, 1908 — Order XXI Rule 58 — Execution First Appeal — Partition Suit — Preliminary decree for partition — Inter se bidding — Joint owners (siblings) of property in equal shares (1/3rd each) — Property incapable of physical partition — Disposal of property via inter se bidding — Challenge to High Court order disposing of Execution Appeal on ground of offer matching — Where an offer of Rs.6.25 crores was made by the Appellant (Petitioner) and matched by the Respondents (2/3rd owners), the High Court directed Respondents to pay Appellant’s share after adjusting previous deposit — Supreme Court modified the approach, requiring the Petitioner to deposit 2/3rd of the bid (Rs.4.16 Crores) with Registry to demonstrate genuineness, pending further resolution. (Paras 1, 3, 4, 5, 6 of Order dated 25.9.2025;

Nov 23, 2025 sclaw

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C P C

Civil Procedure Code, 1908 (CPC) — Order 21 Rule 90(3) — Execution Sale — Setting aside sale on ground of irregularity — Statutory bar against judgment debtor — Scope and application of Order 21 Rule 90(3) CPC (inserted w.e.f. 01.02.1977) — No application to set aside sale shall be entertained on any ground which the applicant could have taken on or before the date the proclamation of sale was drawn up — Mandates vigilance by judgment debtor regarding pre-sale illegalities or material irregularities. (Paras 10, 15, 17)

Nov 30, 2025 sclaw
Environment

Wild Life (Protection) Act, 1972 — Section 38H(6) — Captive Animal Management and Translocation — Cancellation of Zoo Recognition and Translocation — Controversy surrounding the proposed translocation of deer from A.N. Jha Deer Park (New Delhi) to wildlife sanctuaries in Rajasthan and Delhi on pretext of overcrowding, following cancellation of the Park’s recognition by Central Zoo Authority (CZA) due to persistent non-compliance with zoo management norms. (Paras 1, 5, 7, 17)

Nov 30, 2025 sclaw
Bail Granted

Criminal Procedure Code, 1973 (CrPC) — Section 439 — Cancellation of Bail — Murder trial (Section 302 IPC) — Accused granted bail by Supreme Court subject to stringent conditions (confinement to Kolkata, daily attendance at Police Station) — Application for cancellation of bail moved by victim’s relative alleging breach of conditions, witness intimidation, and resultant unfair trial — Background of trial characterized by State bias favoring accused, witnesses turning hostile, and failed attempt by State to withdraw prosecution (U/S 321 Cr. PC) — Court acknowledges serious concerns regarding fairness of trial and State’s conduct (acting as “real facilitator” for the accused) — However, specific breach of bail conditions by the accused influencing witnesses not conclusively established — Bail granted partially based on long incarceration (5 years) and delay in trial conclusion — Given the advanced stage of trial, no useful purpose served by cancelling bail now — Application for cancellation of bail rejected.

Nov 30, 2025 sclaw
Cheque Dishonour

Negotiable Instruments Act, 1881 — Section 138, Section 142(2), Section 142A — Territorial Jurisdiction for cheque dishonour cases (post-2015 Amendment) — Account Payee Cheques — Jurisdiction for complaints under Section 138 concerning cheques ‘delivered for collection through an account’ (Account Payee Cheques) lies exclusively with the court having local jurisdiction over the branch of the bank where the payee maintains the account (payee’s home branch) — This position is anchored in Section 142(2)(a) read with its Explanation — The legal fiction in the Explanation deems a cheque delivered at any branch of the payee’s bank to have been delivered at the payee’s home branch for jurisdictional purposes, overriding the actual place of delivery. (Paras 39, 54, 58, 59, 76)

Nov 30, 2025 sclaw