C P C Archives - Page 10 of 56 - Supreme Court of India Judgements

May 26, 2026 3:19 am

An error which is not self-evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on the face of the record justifying the Court to exercise its power of review

Jul 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ARUN DEV UPADHYAYA — Appellant Vs. INTEGRATED SALES SERVICE LTD. AND ANOTHER — Respondent ( Before : B.R. Gavai and Vikram Nath, JJ. )…

C P C

Civil Procedure Code, 1908 (CPC) – Order 41 Rule 22 – Cross-Objections – In circumstance wherein the cross objections filed by the appellant therein was not considered by the court of first appeal, matter must be remanded to the High Court.

Jul 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DHEERAJ SINGH AND OTHERS — Appellant Vs. GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY & OTHERS — Respondent ( Before : Krishna Murari and Bela M.…

C P C

Right to repurchase in sale deed – Condition of right to repurchase in sale deed will not be personal to the vendor unless the terms in the documents specifically state so – Such a right can always be assigned and the contract containing such condition shall be enforceable.

Jul 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INDIRA DEVI — Appellant Vs. VEENA GUPTA AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Civil Appeal…

C P C

An error on the face of record must be such an error which, mere looking at the record should strike and it should not require any long-drawn process of reasoning

Jul 16, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ARUN DEV UPADHYAYA — Appellant Vs. INTEGRATED SALES SERVICE LTD. AND ANOTHER — Respondent ( Before : B.R. Gavai and Vikram Nath, JJ. )…

C P C

Suit for partition – A simple suit for partition cannot be binding on third parties – No party to a suit for partition, even by way of compromise, can acquire any title to any specific item of property or any particular portion of a specific property, if such a compromise is struck only with a few parties to the suit.

Jul 11, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S TRINITY INFRAVENTURES LTD. & ORS. ETC. — Appellant Vs. M.S. MURTHY & ORS. ETC. — Respondent ( Before : V. Ramasubramanian and Pankaj…

C P C

Review Petition – There was a total delay of 868 days in preferring the petition for review of order – No explanation for long delay in filing – Review Petition dismissed.

Jul 3, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. DEVIKA KALPESHKUMAR CHAUHAN — Respondent ( Before : B.V. Nagarathna and Manoj Misra, JJ. ) Civil…

C P C

A simple suit for partition cannot be binding on third parties – No party to a suit for partition, even by way of compromise, can acquire any title to any specific item of property or any particular portion of a specific property, if such a compromise is struck only with a few parties to the suit – Allegations of fraud require special pleadings in terms of Order 6 Rule 4 CPC.

Jun 20, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S TRINITY INFRAVENTURES LTD. & ORS. ETC. — Appellant Vs. M.S. MURTHY & ORS. ETC. — Respondent ( Before : V. Ramasubramanian and Pankaj…

C P C

Provincial Small Cause Courts Act, 1887 – Section 17 – Security furnished in the form of the rented shop belonging to a third party cannot be accepted as security in law

May 31, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ARTI DIXIT AND ANOTHER — Appellant Vs. SUSHIL KUMAR MISHRA AND OTHERS — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ. )…

C P C

1924 Sale Deed, 1967 Eviction Suit and 1978 Mutation Proceedings – that ownership rights in respect of an immovable property cannot be decided casually. We are actually left with no other option but to remand these appeals back to the High Court for effective adjudication on merits.

May 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF UTTARAKHAND AND ANOTHER — Appellant Vs. RAVI KUMAR (DECEASED) THROUGH LRS AND OTHERS — Respondent ( Before : Surya Kant and J.K.…

C P C

(CPC) – Section 47 read with Order 21 Rule 97 – – Supreme Court in its discretion does entertain special leave petitions directly from orders of tribunals/courts without the High Court having been approached only in matters where substantial questions of general importance are involved or where a similar issue is pending for its (the Supreme Court’s) consideration.

May 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JINI DHANRAJGIR AND ANOTHER — Appellant Vs. SHIBU MATHEW AND ANOTHER. ETC. — Respondent ( Before : A.S. Bopanna and Dipankar Datta, JJ. )…

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Constitution

Constitution of India, 1950 — Article 32 — Criminal Procedure Code, 1973 (CrPC) — Sections 154, 173 — Clubbing/Transfer of FIRs — Multiple FIRs registered against petitioners in different jurisdictions arising from same set of transactions relating to a real estate project — Held, multiplicity of FIRs and parallel investigations on same facts leads to avoidable multiplicity of proceedings, conflicting findings and serious prejudice to the accused — Principle laid down in T.T — Antony v — State of Kerala, (2001) 6 SCC 181, that there cannot be multiple FIRs for the same occurrence or transaction, squarely applies — FIR No. 30/2019 (EOW, Delhi) directed to be transferred and clubbed with FIR No. 439/2024 (Gurugram, Haryana) for investigation — Blanket direction restraining coercive steps in future FIRs declined, but petitioners permitted to avail remedies in law if future FIRs are based on the same transaction.

May 24, 2026 sclaw

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Abuse of Process of Court — Discharge of Accused — Vague Allegations — Where allegations in FIR and charge sheet are general and do not specify the role of the accused, continuation of criminal proceedings amounts to abuse of process of court and may cause prejudice.

May 24, 2026 sclaw

C P C

Civil Procedure Code, 1908 (CPC) — Section 2(2), Order 20 Rule 18 — Preliminary vs. Final Decree — A Preliminary Decree declares rights and liabilities, leaving actual results to be worked out in further proceedings — A Final Decree is passed after further inquiries, completely disposing of the suit — A Preliminary Decree cannot be executed directly unless it is partly final — Provisions of Order 20 Rule 18 allow a court to pass a Preliminary Decree declaring rights and giving further directions if partition cannot be conveniently made without further inquiry in suits for partition of immovable property — The Supreme Court noted that the High Court erred by focusing on the nomenclature of the decree rather than its executable portions, especially when the property was not divisible by metes and bounds.

May 24, 2026 sclaw

Constitution Narcotics Unlawful Activities (Prevention) Act

Unlawful Activities (Prevention) Act, 1967 — Section 43-D(5) — Bail — Constitutional Courts’ power to grant bail — The Supreme Court reiterated that statutory restrictions on bail under the UAP Act do not oust the power of constitutional courts to grant bail on grounds of violation of fundamental rights, particularly the right to a speedy trial under Article 21 of the Constitution — The Court emphasized that the rigors of Section 43-D(5) can “melt down” when there is no likelihood of trial completion within a reasonable time and the period of incarceration is substantial.

May 24, 2026 sclaw

Category: C P C

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