C P C Archives - Page 10 of 51 - Supreme Court of India Judgements

April 19, 2025 11:40 pm

Title Suit – Adverse possession – Once the plaintiffs are not found to be the owner, they cannot claim their title by way of adverse possession – Their possession over the land in question can only be in the nature of an encroacher – No injunction

Oct 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KESAR BAI — Appellant Vs. GENDA LAL AND ANOTHER — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Civil Appeal No.…

C P C

Ss 4 & 118 of the Negotiable Instruments Act, 1881 (NI Act) – signature of the defendant on the pro-note has been established and proved by plaintiff – there is a presumption of consideration in the negotiable instrument albeit the same may be rebutted – no rebuttal evidence is led by the defendant – Suit decreed

Oct 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KAPIL KUMAR — Appellant Vs. RAJ KUMAR — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Civil Appeal No. 5854 of…

C P C

Order VIII Rule 6A CPC — No Bar In Taking On Record A Counter Claim Filed Long After Filing Of Written Statement But Before Framing Of Issues

Oct 13, 2022 sclaw

“While proceeding on the fundamental principles that the rules of procedure are intended to subserve the cause of justice rather than to punish the parties in conduct of their case,…

C P C

Civil Procedure Code, 1908 (CPC) – Order 7 Rule 11 – Rejection of Plaint – Election matter – Plaint rejected – even after three months order of HC not available – Order set aside on this ground – CJ of HC directed to place matter according to law.

Oct 9, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH K. MADAN MOHAN RAO — Appellant Vs. BHEEMRAO BASWANTHRAO PATIL AND OTHERS — Respondent ( Before : Dinesh Maheshwari and Bela M. Trivedi, JJ.…

C P C

Determination of necessary party – Tests are: (1) there must be a right to some relief against such party in respect of the controversies involved in the proceedings; (2) no effective decree can be passed in the absence of such party.

Oct 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH MORESHAR YADAORAO MAHAJAN — Appellant Vs. VYANKATESH SITARAM BHEDI (D) THR. LRS. AND OTHERS — Respondent ( Before : B.R. Gavai and C.T. Ravikumar,…

C P C

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…

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Corporate

Validity of State rule providing for cancellation of Form C declaration — The power to prescribe the form of declaration (Form C) required under Section 8(4) of the CST Act, and the particulars to be contained therein, is conferred upon the Central Government under Section 13(1)(d) — The Central Government exercised this power by framing the Central Sales Tax (Registration and Turnover) Rules, 1957, which prescribe Form C (Rule 12(1)) but do not contain any provision empowering any authority to cancel such a declaration once issued.

Apr 19, 2025 sclaw

Bail Declined

Cancellation of Bail — Factors for Consideration — Child Trafficking — Appeals preferred by victims (kith and kin of trafficked children) assailing High Court orders granting bail to accused involved in a large-scale, organized, interstate child trafficking racket — The offences alleged involve kidnapping, buying, and selling of minor children primarily from impoverished backgrounds, punishable under Ss. 363, 311 & 370(5) IPC —High Court’s approach found to be callous, overlooking critical aspects including the organized nature of the crime and the subsequent absconding of several accused post-bail, thereby jeopardizing the trial.

Apr 16, 2025 sclaw

Specific Performance

A buyer’s continuous readiness and willingness to perform their part of an Agreement to Sell, a prerequisite for seeking specific performance, is negated by their conduct of accepting and encashing a substantial portion of the refunded earnest money/advance

Apr 15, 2025 sclaw

Service

The 18-month Diploma in Elementary Education (D. El. Ed.) programme conducted by the National Institute of Open Schooling (NIOS) through Open Distance Learning (ODL) mode, pursuant to the NCTE Recognition Order dated 22.09.2017, was a specific, one-time measure necessitated by the Right of Children to Free and Compulsory Education (Amendment) Act, 2017

Apr 15, 2025 sclaw

Category: C P C

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