C P C Archives - Page 11 of 49 - Supreme Court of India Judgements

April 20, 2024 10:24 am

(CPC) – Section 25 – Transfer Petition – – HELD cannot be extended to determine the question of territorial jurisdiction of the proceedings before it as the plea of jurisdiction or the lack of it can be prompted before the Court in which the proceedings are pending.

Jul 10, 2022 sclaw

SUPREME COURT OF INDIA SINGLE BENCH NEILAN INTERNATIONAL CO. LIMITED — Appellant Vs. POWERICA LIMITED AND OTHERS — Respondent ( Before : J.K. Maheshwari, J. ) Transfer Petition (Civil) No.…

C P C

(CPC) – Or 21 R 102 – Rules not applicable to transferee pendent lite – Rule 102 clarifies that Rule 98 and Rule 100 shall not apply in a case where resistance or obstruction in execution of a decree for the possession of immovable property is offered by ‘transferee pendentelite’

Jul 10, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SRIRAM HOUSING FINANCE AND INVESTMENT INDIA LIMITED — Appellant Vs. OMESH MISHRA MEMORIAL CHARITABLE TRUST — Respondent ( Before : Indira Banerjee and J.K.…

C P C

Court Fees Act, 1870 – Section 7(iv)(d) – Market value of the immovable property – the valuation of any particular suit has to be decided primarily with reference to the relief/reliefs claimed.

Jun 26, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH BHARAT BHUSHAN GUPTA — Appellant Vs. PRATAP NARAIN VERMA AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and Vikram Nath, JJ. ) Civil…

C P C

IMP : Once a preliminary decree is passed for partition and separate possession of the property, the court should proceed with the case for drawing up the final decree suo motu – and court list the matter for taking steps under Order XX Rule 18 of the CPC

Jun 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH KATTUKANDI EDATHIL KRISHNAN AND ANOTHER — Appellant Vs. KATTUKANDI EDATHIL VALSAN AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Vikram Nath,…

C P C

An appeal is a continuation of the original proceedings – Appellate courts jurisdiction involves a rehearing of appeal on questions of law and fact – First appeal is a valuable right, and, at that stage, all questions of fact and law decided by the Trial Court are open for re-consideration

Jun 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SOMAKKA (DEAD) BY LRS. — Appellant Vs. K.P. BASAVARAJ(DEAD) BY LRS. — Respondent ( Before : S. Abdul Nazeer and Vikram Nath, JJ. )…

C P C

Compromise decree – No appeal would lie – to avoid the terms of a consent decree party has to establish, before the Court that passed the same, that the agreement, is invalid or illegal. HELD terms of a compromise cannot be avoided, unless the allegation of fraud has been proved

May 28, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH K. SRINIVASAPPA AND OTHERS — Appellant Vs. M. MALLAMMA AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

C P C

When an exparte decree is set aside – the defendants cannot be relegated to the position prior to the date of hearing of the suit when he was placed exparte – cannot file written statement but can cross examine witnesses & argue the matter.

May 24, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SUDHIR RANJAN PATRA (DEAD) THR. LRS. AND ANOTHER — Appellant Vs. HIMANSU SEKHAR SRICHANDAN AND OTHERS — Respondent ( Before : M. R. Shah…

C P C

Order XXVI Rule 9 of the Code (CPC) gives wide powers to the court to appoint a commissioner to make local investigations which may be requisite or proper for elucidating any matter in dispute, ascertaining the market value of any property, account of mesne profit or damages or annual net profits.

May 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH M.P. RAJYA TILHAN UTPADAK SAHAKARI SANGH MARYADIT, PACHAMA, DISTRICT SEHORE AND OTHERS — Appellant Vs. M/S. MODI TRANSPORT SERVICE — Respondent ( Before :…

C P C

HELD what is applicable to the question of estoppel would not directly apply to the question of res judicata.

May 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH V. PRAKASH @ G.N.V. PRAKASH — Appellant Vs. M/S. P.S. GOVINDASWAMY NAIDU AND SONS’ CHARITIES REPRESENTED BY ITS MANAGING TRUSTEE AND OTHERS — Respondent…

C P C

HELD Inmates in the old age home are licensees and are expected to maintain a minimum level of discipline and good behaviour and not to cause disturbance to the fellow inmates who are also senior citizens

May 9, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SAMARPAN VARISHTHA JAN PARISAR AND OTHERS — Appellant Vs. RAJENDRA PRASAD AGARWAL AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian,…

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Arbitration Constitution

Arbitration and Conciliation Act 1996 – Sections 34 and 37 – Curative petition – The Court found that the arbitral tribunal’s decision was not perverse or irrational and that the CMRS certificate did not conclusively prove that defects were cured within the cure period – The Court emphasized the tribunal’s domain to interpret the contract and the limited scope of judicial interference in arbitral awards – The Supreme Court concluded that the curative petition was maintainable and that there was no miscarriage of justice in restoring the arbitral award.

Apr 14, 2024 sclaw

Acquittal

Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.

Apr 14, 2024 sclaw

I P C

Penal Code, 1860 (IPC) – Section 302 – Murder – Dispute over a blocked pathway – The Court found no evidence of provocation by the deceased that would justify the appellants’ brutal attack, nor any exercise of the right to private defence – The Court applied principles from previous judgments to determine the lack of private defence and the presence of intention to cause harm – The Supreme Court concluded that the appellants’ actions were not in self-defence and that their intention was to inflict harm, affirming the lower courts’ decisions.

Apr 14, 2024 sclaw

Consumer

Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.

Apr 14, 2024 sclaw

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