C P C Archives - Page 11 of 51 - Supreme Court of India Judgements

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,…

C P C

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…

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.

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

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.

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

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.

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

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Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Supreme Court of India Judgements

Category: C P C

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