Supreme Court of India Judgements

46950 Judgements hosted as on 04/12/2025 - Search (FREE), Subscribe, Read & Download

Category: C P C

C P C

It is well settled that even if the decision on a question of law has been reversed or modified by subsequent decision of a superior court in any other case it shall not be a ground for review of such judgment merely because a subsequent judgment of the Single Judge has taken contrary view.

Mar 24, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHRAMJEEVI COOPERATIVE HOUSING SOCIETY LIMITED — Appellant Vs. DINESH JOSHI AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta, JJ.…

C P C

(CPC) – Section 20, Order VII Rule 10 and Order VII Rule 11 – Court cannot lose sight of the ground reality that in most of the civil disputes, half the battle is won through interim orders and do not think that the court should be a party to the practice of allowing a litigant to use one court for the purpose of temporary reliefs and another court for permanent reliefs

Mar 5, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH FUTURE SECTOR LAND DEVELOPERS LLP AND ANOTHER — Appellant Vs. BAGMANE DEVELOPERS PRIVATE LIMITED AND OTHERS ETC. — Respondent ( Before : V. Ramasubramanian…

C P C

(CPC) – Or 41 R 23 – Evidence Act, 1872 – S 114 – HELD merely because a particular evidence which ought to have been adduced but had not been adduced, the Appellate Court cannot adopt the soft course of remanding the matter – provision is inapplicable because the suit in question had not been disposed of on a preliminary point.

Mar 2, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SIRAJUDHEEN — Appellant Vs. ZEENATH AND OTHERS — Respondent ( Before : Dinesh Maheshwari and Sudhanshu Dhulia, JJ. ) Civil Appeal No. 1491 of…

C P C

AIADMK internal conflict – The logic and reasoning of the Division Bench of the High Court stand in accord with law as also the facts of the present case – The facts of the case make it abundantly clear that so far as convening of the meeting is concerned, the same had never been in doubt or in any dispute – The said meeting was indeed convened by the Co-ordinator and Joint Co-ordinator jointly — When Coordinator and Joint Co-ordinator were shown to be not functioning jointly (for whatsoever reason), a functional deadlock came into existence for the party and a workable solution was required to be found

Feb 26, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THIRU K. PALANISWAMY — Appellant Vs. M. SHANMUGAM AND OTHERS — Respondent ( Before : Dinesh Maheshwari and Hrishikesh Roy, JJ. ) Civil Appeal…

C P C

Chhattisgarh Land Revenue Code, 1959 – Section 257 – Jurisdiction of civil court – Bar of jurisdiction – Question whether the purchase by a tribal was a sham and nominal transaction for the benefit of a non-tribal, may not fall exclusively within the jurisdiction of the Revenue Authorities.

Feb 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KHORA (DEAD) THROUGH LEGAL HEIRS AND OTHERS — Appellant Vs. MOHAR SAI AND OTHERS — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal,…

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Constitution

Constitution of India, 1950 — Articles 14, 21 — Rights of Persons with Disabilities Act, 2016 (RPwD Act) — Substantive Equality and Inclusion — Scope and Spirit — The measure of a just society demands the removal of barriers for all citizens to realize their potential, transforming formal equality into substantive inclusion — Constitutional vision requires every person, regardless of physical or sensory limitation, to participate with dignity — Rights guaranteed to persons with disabilities are expressions of the constitutional promise of equality, dignity, and non-discrimination, not acts of benevolence. (Paras 1, 12, 13)

Dec 4, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 321 — Withdrawal from prosecution — Requirement of High Court permission for withdrawal of cases against sitting or former MPs/MLAs — Following Ashwini Kumar Upadhyay v. Union of India — High Court must exercise judicial mind and give a reasoned order when considering an application for permission to withdraw prosecution against sitting/former legislators — Application must disclose reasons for withdrawal and records of the case must be before the High Court — Absence of requisite permission from the High Court means that the withdrawal application cannot be granted and the criminal proceedings cannot be quashed on this ground — High Court’s rejection of quashing petition confirmed. (Paras 2, 7, 9, 10)

Dec 4, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 313 — Examination of Accused — Object and Scope — Non-compliance with mandatory requirement — Fair Trial — The object of Section 313 CrPC is to ensure a fair trial by providing the accused with an opportunity to explain all incriminating circumstances appearing in the prosecution evidence against them personally — It is a mandatory, non-negotiable obligation upon the Court and is not a mere formality; it is based on the cardinal principle of natural justice (audi alterum partem) — The statement cannot be the sole basis for conviction and is neither substantive nor a substitute piece of evidence. (Paras 6, 7.1, 7.2)

Dec 3, 2025 sclaw
Property Matters

Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Section 14(1) — Mandamus to acquire land — Power of State Government to acquire land for Slum Rehabilitation Scheme — Preferential Right of Owner — The power of the State Government to acquire land under Section 14 read with Section 3D(c)(i) of the Slum Act is subject to the preferential right of the owner to redevelop the area — Acquisition is not warranted when the owner is willing to undertake development in exercise of their preferential right, and the process must be kept in abeyance until such right is extinguished — No mandamus can be issued to the State Government to acquire the subject property under Section 14 of the Slum Act where the subsequent purchaser from the original owner (Respondent No. 4) has a subsisting preferential right to develop the property. (Paras 63, 64, 71, 72, 77(1))

Dec 3, 2025 sclaw