C P C Archives - Page 12 of 51 - Supreme Court of India Judgements

(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.…

C P C

HELD by permitting plaintiffs to amend the plaint including a prayer clause nature of the suit is likely to be changed, in that case, the Court would not be justified in allowing the amendment. It would also result in misjoinder of causes of action.

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH ASIAN HOTELS (NORTH) LIMITED — Appellant Vs. ALOK KUMAR LODHA AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

C P C

Matter remanded back – High Court fell in error in not taking into consideration the relevant material and instead relying upon inadmissible evidence or evidence which had no bearing to the findings. Even the burden had been wrongly placed on the defendant-appellant.

Jul 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH FAROOQI BEGUM (D) BY LRS. — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : S. Abdul Nazeer and Vikram Nath,…

C P C

HELD in a suit challenging revocation of the respective licenses, the plaintiffs cannot be permitted to challenge the respective mortgages / charges created on the entire premises as void ab-initio. the amendment of plaint and addition of parties by original plaintiffs disallowed.

Jul 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH ASIAN HOTELS (NORTH) LIMITED — Appellant Vs. ALOK KUMAR LODHA AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

C P C

Court Fees Act, 1870 – Section 7(iv)(d) – nature of relief claimed in the plaint which is decisive of the question of suit valuation -market value does attain significance just because suit relates to immoveable property.

Jul 10, 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

(CPC) – Section 96 – the first appellate court is required to address on all the issues and decide the appeal assigning valid reasons either in support or against by reappraisal –

Jul 10, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH M/S RAMNATH EXPORTS PVT. LTD. — Appellant Vs. VINITA MEHTA AND ANOTHER — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ. )…

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

HELD by permitting plaintiffs to amend the plaint including a prayer clause nature of the suit is likely to be changed, in that case, the Court would not be justified in allowing the amendment. It would also result in misjoinder of causes of action.

Matter remanded back – High Court fell in error in not taking into consideration the relevant material and instead relying upon inadmissible evidence or evidence which had no bearing to the findings. Even the burden had been wrongly placed on the defendant-appellant.

HELD in a suit challenging revocation of the respective licenses, the plaintiffs cannot be permitted to challenge the respective mortgages / charges created on the entire premises as void ab-initio. the amendment of plaint and addition of parties by original plaintiffs disallowed.

Court Fees Act, 1870 – Section 7(iv)(d) – nature of relief claimed in the plaint which is decisive of the question of suit valuation -market value does attain significance just because suit relates to immoveable property.

(CPC) – Section 96 – the first appellate court is required to address on all the issues and decide the appeal assigning valid reasons either in support or against by reappraisal –

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A buyer’s continuous readiness and willingness to perform their part of an Agreement to Sell, a prerequisite for seeking specific performance, is negated by their conduct of accepting and encashing a substantial portion of the refunded earnest money/advance

Supreme Court of India Judgements

Category: C P C

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