C P C Archives - Page 11 of 50 - Supreme Court of India Judgements

January 23, 2025 9:29 am

Mandatory nature of the twin conditions has to be satisfied before an auction sale can be set aside under Order 21 Rule 90(3) – No sale could be set aside unless the Court is satisfied that the applicant has sustained substantial injury by reason of irregularity or fraud in completing or conducting the sale.

Sep 4, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S. JAGAN SINGH AND CO. — Appellant Vs. LUDHIANA IMPROVEMENT TRUST AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul, S. Ravindra Bhat…

C P C

A judgment can be open to review if there is a mistake or an error apparent on the face of the record, but an error that has to be detected by a process of reasoning, cannot be described as an error apparent on the face of the record for the Court to exercise its powers of review under Order XLVII Rule 1 CPC

Aug 30, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH S. MADHUSUDHAN REDDY — Appellant Vs. V. NARAYANA REDDY AND OTHERS — Respondent ( Before : N.V. Ramana, CJI., Krishna Murari and Hima Kohli,…

C P C

Inherent Powers of Court – Section 151 of the CPC can only be applicable if there is no alternate remedy available in accordance with the existing provisions of law. Such inherent power cannot override statutory prohibitions or create remedies which are not contemplated under the Code

Aug 29, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH MY PALACE MUTUALLY AIDED COOPERATIVE SOCIETY — Appellant Vs. B. MAHESH AND OTHERS — Respondent ( Before : N. V. Ramana, CJI., Krishna Murari…

C P C

Appeals from original decrees – A person who is affected by a judgment but is not a party to the suit, can prefer an appeal with the leave of the Court – Sine qua non for filing an appeal by a third party is that he must have been affected by reason of the judgment and decree which is sought to be impugned.

Aug 29, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH MY PALACE MUTUALLY AIDED COOPERATIVE SOCIETY — Appellant Vs. B. MAHESH AND OTHERS — Respondent ( Before : N. V. Ramana, CJI., Krishna Murari…

C P C

Civil Procedure Code, 1908 (CPC) – Order 8 Rule 6A – Counter claim – A counter claim can be made by the defendant, even on a separate or independent cause of action.

Aug 17, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH SATYENDER AND OTHERS — Appellant Vs. SAROJ AND OTHERS — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Sudhanshu Dhulia, JJ.…

C P C

(CPC) – Order 7 Rule 11 – Commercial Courts Act, 2015 – Section 12A – Rejection of Plaint – Pre-Institution Mediation and Settlement – Section 12A of the Act is mandatory – Any suit instituted violating the mandate of Section 12A must be visited with rejection of the plaint under Order VII Rule 11 – This power can be exercised even suo moto by the court – Section 12A cannot be described as a mere procedural law.

Aug 17, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH M/S. PATIL AUTOMATION PRIVATE LIMITED AND OTHERS — Appellant Vs. RAKHEJA ENGINEERS PRIVATE LIMITED — Respondent ( Before : K.M. Joseph and Hrishikesh Roy,…

C P C

HELD in a suit praying for putting up a boundary wall/fence filed by the plaintiffs, the High Court in a second appeal could not have given the findings that the defendants were entitled to only 10 cents as kudikidappukars. Trial court order restored

Aug 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH RAGHAVAN SASIKUMAR — Appellant Vs. PARAMESWARAN NADAR SATHYANANADHAN NADAR KANAKOTTU PADIPPURA VEEDU AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna,…

C P C

There is a distinction between res judicata and issue estoppel – In the case of issue estoppel, a party against whom an issue has been decided would be estopped from raising the same issue again.

Aug 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH CENTRAL BANK OF INDIA AND OTHERS — Appellant Vs. DRAGENDRA SINGH JADON — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ. )…

C P C

Civil Suit – Declaration and possession – Claim of Title – A special Act without authority of law, any order or decree so passed through such unlawful exercise of power, will be a legal nullity

Aug 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH S. KULDEEP SINGH AND ANOTHER — Appellant Vs. S. PRITHPAL SINGH — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ. ) Civil…

C P C

HELD ex-parte judgment and decree passed by the learned Trial Court as well as the order(s) passed by the learned Trial Court refusing to condone the delay of 2345 days in preferring the revision petition(s) challenging the ex-parte judgment and decree filed by original defendant Nos. 2 to 4 is/are hereby restored

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH MOHAMED ALI — Appellant Vs. V. JAYA AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal No.…

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C P C

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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

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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

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Category: C P C

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