C P C Archives - Page 12 of 56 - Supreme Court of India Judgements

June 9, 2026 3:05 am

Execution of Compromise decree – Compromise decree could not have been executed unless the Decree Holders were to lose their right of possession, which fact was not a possibility unless such rights stood conclusively determined by the Civil Court.

Apr 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHAIFUDDIN (DEAD) THR. LRS. — Appellant Vs. KANHAIYA LAL (DEAD) THR. LRS. AND OTHERS — Respondent ( Before : Krishna Murari and Sanjay Karol,…

C P C

Limitation Act, 1963 (36 of 1963), Article 136 — Execution of decree – Limitation of 12 years – Cause of action — the limitation period would commence only with the decree becoming enforceable and thus is capable of being executed.

Apr 26, 2023 sclaw

SUPREME COURT OF INDIA Before: Krishna Murari & Sanjay Karol, JJ. Civil Appeal No.11040 of 2013 Decided on: 17.04.2023 Shaifuddin (Dead) thr. Lrs. – Appellant Versus Kanhaiya Lal (Dead) thr.…

C P C

CPC – Order VII R 11 -Merely because there were some inconsistent averments in the plaint, that was not sufficient to come to a conclusion that the cause of action was not disclosed in the plaint. The question was whether the plaint discloses cause of action.

Apr 17, 2023 sclaw

“For dealing with an application under Rule 11 of Order VII of CPC, only the averments made in the plaint and the documents produced along with the plaint are required…

C P C

Appellants have been admitted to be owner of the property being Khasra No. 4833 the findings recorded by the lower Appellate Court as well as the High Court are perverse if considered in the light of two material documents which are in the form of admission of respondents themselves regarding the identity of the property in their possession High court set aside

Apr 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MURTI SHRI DURGA BHAWANI (HETUWALI) TRUST AND ANOTHER — Appellant Vs. SH. DIWAN CHAND (DEAD) THROUGH LRS AND OTHERS — Respondent ( Before :…

C P C

CPC – S 11- Res Judiciata – to apply, the matter directly and substantially in issue in the subsequent suit must be the same matter which was directly and substantially in issue in the former suit & the suit should have been decided on merits and the decision should have attained finality

Apr 4, 2023 sclaw

Code of Civil Procedure – Section 11 – Res judicata- An order closing the proceedings is not final decision of the suit within the meaning of Order 9 Rule 8…

C P C

(CPC) – Or 23 R 3 – Compromise of suit – must be in writing and signed by the parties and there must be a completed agreement between them – To constitute an adjustment, the agreement or compromise must itself be capable of being embodied in a decree.

Apr 4, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRASANTA KUMAR SAHOO AND OTHERS — Appellant Vs. CHARULATA SAHU AND OTHERS — Respondent ( Before : A.S. Bopanna and J.B. Pardiwala, JJ. )…

C P C

Rule 3 of Order 17 of the CPC, also known as Or 17 R 3, gives courts the authority to proceed with a case even if one of the parties fails to provide evidence. This power can significantly limit the options for the losing party to seek justice, and is considered a drastic measure. Therefore, courts should exercise this power only in rare and exceptional situations.

Apr 2, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PREM KISHORE AND OTHERS — Appellant Vs. BRAHM PRAKASH AND OTHERS — Respondent ( Before : Sudhanshu Dhulia and J.B. Pardiwala, JJ. ) Civil…

C P C

It is well settled that even if the decision on a question of law has been reversed or modified by subsequent decision of a superior court in any other case it shall not be a ground for review of such judgment merely because a subsequent judgment of the Single Judge has taken contrary view.

Mar 24, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHRAMJEEVI COOPERATIVE HOUSING SOCIETY LIMITED — Appellant Vs. DINESH JOSHI AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta, JJ.…

C P C

(CPC) – Order 9 Rule 9 – If the right of redemption is not extinguished, the provision like Order IX Rule 9 of the CPC will not debar the mortgagor from filing a second suit because as in a partition suit, the cause of action in a redemption suit is a recurring one.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GANESH PRASAD — Appellant Vs. RAJESHWAR PRASAD AND OTHERS — Respondent ( Before : Sudhanshu Dhulia and J.B. Pardiwala, JJ. ) Civil Appeal No.…

C P C

(CPC) – Section 20, Order VII Rule 10 and Order VII Rule 11 – Court cannot lose sight of the ground reality that in most of the civil disputes, half the battle is won through interim orders and do not think that the court should be a party to the practice of allowing a litigant to use one court for the purpose of temporary reliefs and another court for permanent reliefs

Mar 5, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH FUTURE SECTOR LAND DEVELOPERS LLP AND ANOTHER — Appellant Vs. BAGMANE DEVELOPERS PRIVATE LIMITED AND OTHERS ETC. — Respondent ( Before : V. Ramasubramanian…

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C P C

Hindu Minority and Guardianship Act, 1956 — Section 8(3) — Unauthorized alienation of minor’s property — Such alienation is voidable, not void ab initio, and can be challenged by the minor upon attaining majority or by someone claiming under the minor.

Jun 8, 2026 sclaw

Cr P C

Criminal Procedure — Delay in Investigation and Filing of Charge Sheet — Speedy Trial — Right to Speedy Trial and Timely Completion of Investigation are integral parts of Article 21 of the Constitution — Statutory recognition in CrPC for prompt investigation — Investigations should be completed within a reasonable time, not endlessly — Lack of strict timelines in CrPC does not permit indefinite investigations — Inordinate delay without adequate justification warrants intervention by Courts.

Jun 8, 2026 sclaw

Contract Act Mining

Contract Law — Statutory Amendment — Impact on existing contracts — Where a statutory amendment alters a fundamental aspect like royalty rates, a pre-existing contract cannot prevent the application of the amended law, especially when the payment of royalty is linked to the removal or consumption of minerals — [MMDR Act] Applicability of S.9 — Scope — Section 9 applies broadly to all entities engaged in removal/dispatch of minerals, not only direct mining lessees.

Jun 8, 2026 sclaw

Cr P C

Criminal Procedure — Passport — Return/Surrender of Passport — Accused facing serious criminal charges — Right to travel abroad vis-à-vis right to speedy trial — Balance between individual liberty and societal interest — Accused charged with abetment of suicide and criminal conspiracy since 2014, trial still at stage of committal despite lapse of over ten years — Accused, a US citizen, had misused interim protection in prior proceedings to leave the country without Court’s leave — Whether High Court justified in permitting accused to travel abroad on grounds of medical treatment — Held, not justified — High Court indulgent rather than judicially restrained — Medical facilities in India comparable to those abroad — High Court’s revisional order set aside — Accused restrained from travelling abroad without express permission of Sessions Court — Bharatiya Nagarik Suraksha Sanhita, 2023, S. 442 — Constitution of India, Art. 21

Jun 8, 2026 sclaw

Category: C P C

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