C P C Archives - Page 13 of 51 - Supreme Court of India Judgements

March 14, 2025 7:10 pm

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,…

C P C

Framing of issue of res judicata as preliminary issue – Order of the High Court to direct the learned trial court to frame preliminary issue on the issue of res judicata is not desirable to ensure speedy disposal of the lis between parties.

May 9, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SATHYANATH AND ANOTHER — Appellant Vs. SAROJAMANI — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil Appeal No. 3680 of…

C P C

Auction proceedings – Sale in favour of the Auction Purchaser could not have been set aside only on the ground that the escalation of the prices in property was considered.

May 1, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJASTHAN FINANCIAL CORPORATION JAIPUR AND OTHERS — Appellant Vs. M/S JAIN BANDHU SNEH RESORTS PRIVATE LIMITED AND ANOTHER — Respondent ( Before : L.…

C P C

Summons/notices issued by the learned Trial Court were returned ‘unclaimed’ – exparte decree -entire decretal amount is deposited by the appellants to show their bonafides – one more opportunity granted to defend bank suit

Apr 17, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S JERSEY DEVELOPERS (P) LIMITED AND OTHERS — Appellant Vs. CANARA BANK — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

You missed

Consumer Limitation

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

Mar 3, 2025 sclaw

C P C

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Feb 16, 2025 sclaw

Stamp Act State Laws

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Feb 16, 2025 sclaw

Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

Feb 9, 2025 sclaw

Category: C P C

You missed