C P C Archives - Page 10 of 50 - Supreme Court of India Judgements

January 23, 2025 6:37 am

Judgment and decree – Non-disclosure of the relevant and material documents with a view to obtain an undue advantage would amount to fraud – Judgment or decree obtained by fraud is to be treated as a nullity.

Oct 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH RAM KUMAR — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : B.R. Gavai and C.T. Ravikumar, JJ. ) Civil…

C P C

(CPC) – Order 14 Rule 2(2) – Preliminary Issue – Limitation – Determination of – Issue limitation can be framed and determined as a preliminary issue under Order XIV, Rule 2(2)(b), CPC in a case where it can be decided on admitted facts

Oct 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SUKHBIRI DEVI AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Ajay Rastogi and C.T. Ravikumar, JJ. )…

Arbitration C P C

A and C Act, 1996 – Section 9 – (CPC) – Order 38 Rule 5 – – conduct on the part of the opposite/opponent party which may tantamount to any attempt on the part of the opponent/opposite party to defeat the award that may be passed in the arbitral proceedings, the Commercial Court may pass an appropriate order including the restrain order and/or any other appropriate order to secure the interest of the parties.

Oct 5, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SANGHI INDUSTRIES LIMITED — Appellant Vs. RAVIN CABLES LTD., AND ANOTHER — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Civil…

C P C

Civil Procedure Code, 1908 (CPC) – Order 7 Rule 11 – Rejection of plaint – Respective suits are barred by the law of limitation, the respective plaints are required to be rejected in exercise of powers under Order 7 Rule 11 CPC.

Oct 3, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH C.S. RAMASWAMY — Appellant Vs. V.K. SENTHIL AND OTHERS — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Civil Appeal No.…

C P C

(CPC) – Order 43 Rule 1 – Commercial Courts Act 2015 – 13 – An intra-court appeal under the Admiralty Act to the Commercial Division of the High Court would lie from any judgment, decree or final order under the Admiralty Act or an interim order under the Admiralty Act relatable to the orders specified in Order 43, Rule 1 and not from an order under Or 10 r 1 for addition of party.

Sep 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH OWNERS AND PARTIES INTERESTED IN THE VESSEL M.V. POLARIS GALAXY — Appellant Vs. BANQUE CANTONALE DE GENEVE — Respondent ( Before : Indira Banerjee…

C P C

Code of Civil Procedure, 1908 (V of 1908), Section 100 – Regular Second Appeal — Substantial question of law — Proper test -If the question is settled by the highest court or the general principles to be applied in determining the question are well settled and there is a mere question of applying those principles or the question raised is palpably absurd, the question would not be a substantial question of law.

Sep 25, 2022 sclaw

SUPREME COURT OF INDIA Before: Indira Banerjee & J.K. Maheshwari, JJ. Civil Appeal No. …… of 2022 [Arising out of S.L.P.(C) No.8736 of 2016]Decided on : 22.09.2022 Chandrabhan (Deceased) through…

C P C

Suit for declaration, possession and permanent injunction – Opportunity for producing a witness to prove the plaint averments as also other supporting material – State has been denied adequate opportunity by the Courts below and certain material documents have not been taken into consideration – Matter remanded

Sep 22, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH THE STATE OF KARNATAKA AND ANOTHER — Appellant Vs. M.A. MOHAMAD SANAULLA AND ANOTHER — Respondent ( Before : Hemant Gupta and Vikram Nath,…

C P C

(CPC) – Order 1 Rule 10 – Impleadment as party – Unless the court suo motu directs to join any other person not party to the suit for effective decree and/or for proper adjudication as per Order 1 Rule 10 CPC, nobody can be permitted to be impleaded as defendants against the wish of the plaintiffs.

Sep 19, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SUDHAMAYEE PATTNAIK AND OTHERS — Appellant Vs. BIBHU PRASAD SAHOO AND OTHERS — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. )…

C P C

Civil Procedure Code, 1908 (CPC) – Section 2(12) – In the case of determination of a lease by the lease coming to an end, tenant would be liable to pay damages for use and occupation at the rate at which the landlord could have let out the premises on being vacated by the tenant

Sep 11, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH INDIAN OIL CORPORATION LTD. — Appellant Vs. SUDERA REALTY PRIVATE LIMITED — Respondent ( Before : K.M. Joseph and Pamidi Ghantam Sri Narasimha, JJ.…

C P C

Civil Procedure Code, 1908 (CPC) – Order 2 Rule 2 – Order II Rule 2 of the CPC cannot apply to an amendment which is sought on an existing suit. Bar of Order II Rule 2 of the CPC applies only to the subsequent suits.

Sep 4, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH LIFE INSURANCE CORPORATION OF INDIA — Appellant Vs. SANJEEV BUILDERS PRIVATE LIMITED AND ANOTHER — Respondent ( Before : Aniruddha Bose and J.B. Pardiwala,…

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C P C

High Court cannot pass an interim order in a second appeal under Section 100 of the CPC without first formulating a substantial question of law

Jan 19, 2025 sclaw

Specific Relief Act

When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment

Jan 19, 2025 sclaw

Service

Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list

Jan 17, 2025 sclaw

Arbitration

A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

Jan 12, 2025 sclaw

Category: C P C

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