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

April 20, 2025 6:09 am

High Court held that no substantial question of law arises warranting interference in the matter and dismissed the RSA being devoid of any merit. HELD Appeal dismissed

Jul 10, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH AMAN SHARMA AND ANOTHER — Appellant Vs. UMESH AND OTHERS — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ. ) Civil Appeal…

C P C

(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…

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Corporate

Validity of State rule providing for cancellation of Form C declaration — The power to prescribe the form of declaration (Form C) required under Section 8(4) of the CST Act, and the particulars to be contained therein, is conferred upon the Central Government under Section 13(1)(d) — The Central Government exercised this power by framing the Central Sales Tax (Registration and Turnover) Rules, 1957, which prescribe Form C (Rule 12(1)) but do not contain any provision empowering any authority to cancel such a declaration once issued.

Apr 19, 2025 sclaw

Bail Declined

Cancellation of Bail — Factors for Consideration — Child Trafficking — Appeals preferred by victims (kith and kin of trafficked children) assailing High Court orders granting bail to accused involved in a large-scale, organized, interstate child trafficking racket — The offences alleged involve kidnapping, buying, and selling of minor children primarily from impoverished backgrounds, punishable under Ss. 363, 311 & 370(5) IPC —High Court’s approach found to be callous, overlooking critical aspects including the organized nature of the crime and the subsequent absconding of several accused post-bail, thereby jeopardizing the trial.

Apr 16, 2025 sclaw

Specific Performance

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

Apr 15, 2025 sclaw

Service

The 18-month Diploma in Elementary Education (D. El. Ed.) programme conducted by the National Institute of Open Schooling (NIOS) through Open Distance Learning (ODL) mode, pursuant to the NCTE Recognition Order dated 22.09.2017, was a specific, one-time measure necessitated by the Right of Children to Free and Compulsory Education (Amendment) Act, 2017

Apr 15, 2025 sclaw

Category: C P C

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