C P C Archives - Page 11 of 52 - Supreme Court of India Judgements

July 30, 2025 3:56 pm

Advocates Act, 1961 – Section 32 – Wife contesting as an GPA of party subsequently enrolled as and Advocate – Will continue as GPA as HC already decided matter – subsequent proceedings on issue hit by res judicata HELD High Court has mischaracterised the issue before it. Appeal allowed

Oct 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH S. RAMACHANDRA RAO — Appellant Vs. S. NAGABHUSHANA RAO AND OTHERS — Respondent ( Before : Dinesh Maheshwari and Aniruddha Bose, JJ. ) Civil…

C P C

Held Trial court directions restored whereby temporary injunction granted – defendants to maintain status quo with respect to the Will property till final disposal of the suit and, the defendants would furnish the details and account of the movable property of the deceased-Ishwarbhai Madhavbhai Patel from the date of his death within 30 days from the date of the order – Suit be expedited

Oct 22, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HARISH ISHWARBHAI PATEL — Appellant Vs. JATIN ISHWARBHAI PATEL AND OTHERS — Respondent ( Before : Aniruddha Bose and Vikram Nath, JJ. ) Civil…

Adverse Possession C P C

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…

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Education

Education Law — Admissions — Eligibility Criteria — Prospectus issued by University — Amendments and Addendums — Appellant admitted to postgraduate program based on provisional admission — Completed course and received degree — University withdrew degree based on initial ineligibility — Court held that due to confusion and uncertainty caused by frequent changes in eligibility criteria, the benefit should go to the appellant, especially since she had completed the course with good marks.

Jul 29, 2025 sclaw

Matrimonial

Transfer Petition — Jurisdiction — Courts — Petition seeking transfer of matrimonial and criminal cases from one state to another filed by both parties, wife seeking transfer of divorce case from Delhi to UP, husband seeking transfer of criminal cases from UP to Delhi. Parties have also filed special leave petitions against High Court orders. Supreme Court has the power to transfer cases.

Jul 29, 2025 sclaw

Acquittal

Penal Code, 1860 — Sections 302, 34, 120B — Murder — Appeal against conviction and sentence for murder — Key eyewitness evidence of the deceased’s son and wife — Distance allegedly covered on bicycle within thirty minutes questioned — Improbability of covering 16 kilometers in that timeframe raised substantial doubt about their presence at the crime scene — Absence of corroboration from other witnesses, who turned hostile and suggested multiple assailants, further weakens the prosecution’s case — Post-mortem report indicating numerous injuries, consistent with multiple attackers — Deceased’s history as a habitual drunkard and criminal suggests potential enmity with various individuals — Conviction based solely on questionable eyewitness testimony not sustainable when reasonable doubt exists about accused’s presence and involvement — Appeal allowed, conviction and sentence set aside

Jul 29, 2025 sclaw

Service

Central Civil Services (Classification, Control and Appeal) Rules, 1965, Rule 13(2) and Rule 14, Appendix 3 — Disciplinary proceedings for major penalties — Initiation of by authority competent to impose minor penalties — Permissible — Rule 13(2) allows a disciplinary authority competent to impose minor penalties to institute proceedings for major penalties, even if not competent to impose major penalties itself. – Charge Sheet — Validity of issuance by General Manager (Telecommunications) for major penalties — Held valid as the General Manager is competent to impose minor penalties and Rule 13(2) permits initiation of proceedings for major penalties by such an authority.

Jul 29, 2025 sclaw

Category: C P C

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