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

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…

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,…

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

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.

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Supreme Court of India Judgements

Category: C P C

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