Supreme Court of India Judgements

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Category: C P C

C P C

. Civil Procedure Code, 1908 (CPC) — Order 37 — Summary Suits — Procedure — Filing of reply/defence without leave to defend — High Court allowing filing of reply to Summons for Judgment without defendant first applying for leave to defend amounts to procedural deviation from Order 37 Rule 3(4) and 3(5) CPC.

Oct 5, 2025 sclaw

2025 INSC 1157 SUPREME COURT OF INDIA DIVISION BENCH EXECUTIVE TRADING COMPANY PRIVATE LIMITED Vs. GROW WELL MERCANTILE PRIVATE LIMITED ( Before : Ahsanuddin Amanullah and S.V.N. Bhatti, JJ. )…

C P C

Civil Procedure Code, 1908 (CPC) — Order 21 Rule 90 & Section 47 — Setting aside of sale — Application for — Delay — HC correctly held that application to set aside sale was barred by limitation as it was filed almost two years three months after the sale, and Section 5 of Limitation Act does not apply to proceedings under Order XXI.

Sep 2, 2025 sclaw

2025 INSC 1040 SUPREME COURT OF INDIA DIVISION BENCH SRI R RAGHU Vs. SRI G M KRISHNA AND ANOTHER ( Before : Vikram Nath and Prasanna B. Varale, JJ. )…

C P C

Civil Procedure Code, 1908 — Order 7 Rule 11 — Rejection of plaint — Cause of action— Amendment of plaint — Substitution of proprietor for proprietorship concern — Held, a proprietorship concern is not a juristic person but a trade name for an individual business. The proprietor is the real party in interest. Substituting the proprietor for the proprietorship concern does not negate the cause of action, especially when the proprietor is the signatory to the lease deed.

Aug 31, 2025 sclaw

2025 INSC 1046 SUPREME COURT OF INDIA DIVISION BENCH DOGIPARTHI VENKATA SATISH AND ANOTHER Vs. PILLA DURGA PRASAD AND OTHERS ( Before : Vikram Nath and Sandeep Mehta, JJ. )…

C P C

State Financial Corporations Act, 1951 — Section 29 — Liability of Financial Corporation taking possession of industrial unit for dues — Corporation acts as a trustee, liable only to the extent of funds in its hands after settling its dues, not personally liable. Civil Procedure Code, 1908 — Section 80 — Notice to Government or public officer — Mandatory requirement before instituting suit — Failure to issue notice or obtain leave renders suit not maintainable and decree a nullity, even if impleaded later.

Aug 9, 2025 sclaw

2025 INSC 928 SUPREME COURT OF INDIA DIVISION BENCH ODISHA STATE FINANCIAL CORPORATION Vs. VIGYAN CHEMICAL INDUSTRIES AND OTHERS ( Before : J. B. Pardiwala and R. Mahadevan, JJ. )…

C P C Specific Performance

Specific Relief Act, 1963 — Section 10 — Specific performance of contract — Plaintiff must prove existence of a valid agreement of sale, breach by defendant, and plaintiff’s readiness and willingness to perform — Defendant admitted signatures but pleaded misuse of blank papers and no agreement of sale — Plaintiff failed to examine witnesses to the agreement to sell and rent deed — Plaintiff’s evidence was self-serving — Failure to produce crucial evidence supporting the agreement rendered plaintiff’s case unsustainable.

Aug 9, 2025 sclaw

2025 INSC 924 SUPREME COURT OF INDIA DIVISION BENCH HARISH KUMAR Vs. AMAR NATH AND ANOTHER (BOTH DEAD AND REPRESENTED THROUGH LR.) ( Before : Ahsanuddin Amanullah and S.V.N. Bhatti,…

C P C

we are of the view that the order of status quo passed by the trial court was justified in the facts and circumstances of the case. We are not entering into the merits of the matter as it may influence the trial court. We, therefore, allow this appeal, set aside the impugned order of the High Court dated 30.06.2022 maintaining the order of the trial court in order to advance justice between the parties.

Jul 28, 2025 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HARISH ISHWARBHAI PATEL — Appellant Vs. JATIN ISHWARBHAI PATEL AND OTHERS — Respondent ( Before : Aniruddha Bose and Vikram Nath, JJ. ) Civil…

C P C Property Matters Transfer Of Property Act

Transfer of Property Act, 1882 — Section 106 — Notice terminating tenancy — Service by registered post — Return with endorsement “ND” (Not Delivered) — General Clauses Act, 1897 — Section 27 — Deemed service — High Court set aside ejectment decree solely on ground of “ND” endorsement, misinterpreting deemed service provisions — Supreme Court held High Court erred in not considering Section 27 of GC Act regarding deemed service by registered post.

Jul 20, 2025 sclaw

2025 INSC 859 SUPREME COURT OF INDIA DIVISION BENCH KRISHNA SWAROOP AGARWAL (DEAD) THR. LR. Vs. ARVIND KUMAR ( Before : Sanjay Karol and Joymalya Bagchi, JJ. ) Civil Appeal…

C P C

Civil Procedure Code, 1908 — Order 22 Rules 3 & 4 — Abatement of appeal — Joint and indivisible decree — Non-substitution of LRs of deceased co-appellant — Fatal to the entire appeal — Possibility of conflicting and contradictory decrees — Defence based on common ground — joint claim.

Jul 20, 2025 sclaw

2025 INSC 873 SUPREME COURT OF INDIA DIVISION BENCH SURESH CHANDRA (DECEASED) THR. LRS. AND OTHERS Vs. PARASRAM AND OTHERS ( Before : Pamidighantam Sri Narasimha and Manoj Misra, JJ.…

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Education

Education Law — Recruitment Rules — Applicability of — Selection process initiated under Assam Government Aided Junior College Management Rules, 2001 — Advertisement did not stipulate age limit — Government condoned appellant’s overage — Subsequent approval of appointment — High Court relying on Assam Secondary Education (Provincialisation) Service Rules, 2003, which prescribed age limits, set aside appointment — Court held that applying 2003 Rules retrospectively to an aided institution’s recruitment process initiated under 2001 Rules was illegal, especially when post-provincialisation rules were not made retrospective.

Oct 5, 2025 sclaw
C P C

. Civil Procedure Code, 1908 (CPC) — Order 37 — Summary Suits — Procedure — Filing of reply/defence without leave to defend — High Court allowing filing of reply to Summons for Judgment without defendant first applying for leave to defend amounts to procedural deviation from Order 37 Rule 3(4) and 3(5) CPC.

Oct 5, 2025 sclaw
Electricity Act

Electricity Act, 2003 — Section 125 — Appeals to Supreme Court — Parties must understand and apply judgments correctly, not selectively. This court’s prior decision sets precedent.

Oct 5, 2025 sclaw
SARFAESI

Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (DRT Act) — Income Tax Act, 1961 — Application of Second and Third Schedules to Income Tax Act and Income Tax (Certificate Proceedings) Rules, 1962 for immovable property sales — Rule 53 of Second Schedule requires proclamation of sale to contain Material information for the purchaser, including any encumbrances or claims affecting the property’s value.

Oct 5, 2025 sclaw