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

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. )…

C P C

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…

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 –

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

(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.

(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’

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.

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

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

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

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An unregistered agreement of sale is admissible as evidence of the contract in a specific performance suit, under the proviso to Section 49, Registration Act.

Prosecution for obstructing public servant (S.186 IPC) requires mens rea and compliance with S.195 Cr.PC; absence renders proceedings an abuse of process.

Supreme Court of India Judgements

Category: C P C

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