C P C Archives - Supreme Court of India Judgements

C P C

Exparte decree—Setting aside of—Delay of about 4 years in filing application...

sclaw - February 15, 2019

2018(4) Law Herald (SC) 3183 : 2018 LawHerald.Org 1926 IN THE SUPREME COURT OF INDIA Before Hon'ble Mrs. Justice R. Banumathi Hon'ble Ms. Justice Indira Banerjee Civil Appeal...

C P C

Civil Procedure Code, 1908, Order 39 Rules 1 and 2 read...

sclaw - February 11, 2019

2010(1) LAW HERALD (SC) 285 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice G.S. Singhvi The Hon’ble Mr. Justice B.S....

C P C

“Under Section 38 of the Specific Relief Act, an injunction restraining...

sclaw - February 11, 2019

"Under Section 38 of the Specific Relief Act, an injunction restraining the defendant from disturbing possession may not be granted in favour of the...

C P C

Lok Adalat–No party can be punished for failure to reach a...

sclaw - February 9, 2019

2009(1) LAW HERALD (SC) 372 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 7282 of...

C P C

Amendment of Plaint—Liberal Approach—Courts should be liberal in allowing amendment where...

sclaw - February 3, 2019

(2018) AIR(SCW) 685 : (2018) AIR(SC) 685 : (2018) 2 ALT 1 : (2018) 2 AndhLD 58 : (2018) 2 BCR 263 : (2018)...

C P C

Second Appeal–Although High Court has jurisdiction to formulate a substantial question...

sclaw - February 3, 2019

2009(1) LAW HERALD (SC) 342 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7346...

C P C

Possession–Plaintiff filed suit for possession on basis of title–Plaintiff has to...

sclaw - January 28, 2019

2009(1) LAW HERALD (SC) 340 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 6570...

C P C

Decree against dead person–Death of defendant pending appeal–An application made for...

sclaw - January 26, 2019

2009(1) LAW HERALD (SC) 309 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Markandey Katju Civil Appeal Nos. 6850-6851...

C P C

Written Statement–Acceptance of–Trial Court can accept written statement after 90 days.

sclaw - January 26, 2019

2009(1) LAW HERALD (SC) 305 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Mukundakam Sharma Civil Appeal No. 6731...

C P C

Transfer of Suit–Suit for damages filed at Chennai by husband–Suit transferred...

sclaw - January 20, 2019

2009(1) LAW HERALD (SC) 256 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice Harjit Singh Bedi Transfer Petition (Civil)...

C P C

Decree remains valid unless set aside. Executing Court reduced to...

sclaw - January 17, 2019

IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7310 of 2008 Deepa Bhargava v. Mahesh Bhargava {Decided on...

C P C

Exparte decree–Remedies available to defendants–He may file a suit contending that...

sclaw - January 13, 2019

2009(1) LAW HERALD (SC) 224 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7316 of...

C P C

Agreement to Sell—Increase in Price—Mere escalation of price is no ground...

sclaw - January 13, 2019

2018(4) Law Herald (SC) 3095 : 2018 LawHerald.Org 1860 IN THE SUPREME COURT OF INDIA Before Hon'ble Mr. Justice N.V. Ramana Hon'ble Mr. Justice Mohan M. Shantanagoudar Hon'ble Mr....

C P C

Civil Procedure Code, 1908, O.21 R.66–Auction Sale—Setting aside of- -Inadequate Publicity—Authorities...

sclaw - January 6, 2019

2018(4) Law Herald (SC) 3338 : 2018 LawHerald.Org 1939 IN THE SUPREME COURT OF INDIA Before Hon'ble Mr. Justice Abhay Manohar Sapre Hon'ble Mr. Justice Indu Malhotra Civil Appeal...

C P C

Civil Procedure Code, 1908, O.39 R.I & R.2 and O.41 R.23–Injunction-...

sclaw - December 30, 2018

2018(4) Law Herald (SC) 3298 : 2018 LawHerald.org 1792 IN THE SUPREME COURT OF INDIA Before Hon'ble Mr. Justice Abhay Manohar Sapre Hon'ble Mr. Justice Uday Umesh...

C P C

Civil Procedure Code, 1908, O.41 R.23—Remand of Case—Suit was based on...

sclaw - December 30, 2018

2018(4) Law Herald (SC) 3269 : 2018 LawHerald.org 1788 IN THE SUPREME COURT OF INDIA Before Hon'ble Mr. Justice Abhay Manohar Sapre Hon'ble Mr. Justice S. Abdul Nazeer Civil...

C P C

Amendment of decree–Court may not have suo moto power to award...

sclaw - December 26, 2018

2009(1) LAW HERALD (SC) 14 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7008...

C P C

Civil Procedure Code, 1908, S. 11–Res judicata–“When the earlier decision declares...

sclaw - December 25, 2018

2010(2) LAW HERALD (SC) 787 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice A.K. Patnaik Civil Appeal No. 3038 of...

C P C

Fraudulent decree–A fraud puts an end to everything–Settled position that such...

sclaw - December 25, 2018

2010(2) LAW HERALD (SC) 751 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Mr. Justice Surinder Singh Nijjar Civil Appeal No. 1881...

C P C

Revision—Scope of—An erroneous decision on a question of law reached by...

sclaw - December 23, 2018

2018(4) Law Herald (SC) 3006 : 2018 LawHerald.org 1777 IN THE SUPREME COURT OF INDIA Before Hon'ble Mr. Justice A.K. Sikri Hon'ble Mr. Justice Ashok Bhushan Civil Appeal...

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Latest Judgements - At a Glance

Cr P C

Murder–Suspension of sentence–Bail during pendency of appeal–Accused charged for mercilessly assaulting deceased–High Court granted bail during pendency of appeal–Held; Appellate court is duty-bound to...

sclaw - February 17, 2019

Will & Succession

Will–Will is required to be attested and therefore, it cannot be used as evidence until at least one of attesting witness is called for...

sclaw - February 17, 2019

Evidence Act

Evidence Law–May presume and shall presume–Difference between–In the former case the Court has an option to raise the presumption or not, but in the...

sclaw - February 17, 2019

Narcotics

Narcotics—Recovery of bulk of manufactured drugs without any valid authorization—Accused to be tried under NDPS Act and not under Drugs and Cosmetics Act merely...

sclaw - February 17, 2019

Uncategorized

Infringement of Trademark-Passing of-Division Bench of High Court held that substitution of letter ‘T’ for letter ‘O’ would create confusion on the ground of...

sclaw - February 17, 2019

C P C

Remand of Case—After allowing the application for additional evidence in appeal High Court not justified in remanding the case to trial court for recording...

Execution of decree—Objections—Revisionary Court is under legal obligation to decide the legality and correctness of the findings recorded by the executing court on its...

Auction Sale—Deposit of Bid amount—An amount of bid in which the decree holder is a purchaser can be set off—In present case, respondent-corporation is...

Exparte decree—Setting aside of—Delay of about 4 years in filing application...

Civil Procedure Code, 1908, Order 39 Rules 1 and 2 read...

“Under Section 38 of the Specific Relief Act, an injunction restraining...

Lok Adalat–No party can be punished for failure to reach a...

Amendment of Plaint—Liberal Approach—Courts should be liberal in allowing amendment where...

Second Appeal–Although High Court has jurisdiction to formulate a substantial question...

Possession–Plaintiff filed suit for possession on basis of title–Plaintiff has to...

Decree against dead person–Death of defendant pending appeal–An application made for...

Written Statement–Acceptance of–Trial Court can accept written statement after 90 days.

Transfer of Suit–Suit for damages filed at Chennai by husband–Suit transferred...

Decree remains valid unless set aside. Executing Court reduced to...

Exparte decree–Remedies available to defendants–He may file a suit contending that...

Agreement to Sell—Increase in Price—Mere escalation of price is no ground...

Civil Procedure Code, 1908, O.21 R.66–Auction Sale—Setting aside of- -Inadequate Publicity—Authorities...

Civil Procedure Code, 1908, O.39 R.I & R.2 and O.41 R.23–Injunction-...

Civil Procedure Code, 1908, O.41 R.23—Remand of Case—Suit was based on...

Amendment of decree–Court may not have suo moto power to award...

Civil Procedure Code, 1908, S. 11–Res judicata–“When the earlier decision declares...

Fraudulent decree–A fraud puts an end to everything–Settled position that such...

Revision—Scope of—An erroneous decision on a question of law reached by...

Latest Judgements - At a Glance

Murder–Suspension of sentence–Bail during pendency of appeal–Accused charged for mercilessly assaulting deceased–High Court granted bail during pendency of appeal–Held; Appellate court is duty-bound to...

Will–Will is required to be attested and therefore, it cannot be used as evidence until at least one of attesting witness is called for...

Evidence Law–May presume and shall presume–Difference between–In the former case the Court has an option to raise the presumption or not, but in the...

Narcotics—Recovery of bulk of manufactured drugs without any valid authorization—Accused to be tried under NDPS Act and not under Drugs and Cosmetics Act merely...

Infringement of Trademark-Passing of-Division Bench of High Court held that substitution of letter ‘T’ for letter ‘O’ would create confusion on the ground of...