C P C Archives - Page 15 of 52 - Supreme Court of India Judgements

August 27, 2025 2:13 am

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. )…

C P C

Right of defendant to prosecute the plaintiff owing to the dishonour of the cheque issued by the plaintiff cannot be frustrated by seeking a declaration that the said cheque was handed over as a security – Such a declaration cannot be ex facie granted as it would be contrary to the provisions of the N.I. Act and particularly Section 118(a) thereof – Hence, the plaint is liable to be rejected in exercise of jurisdiction under Order VII Rule 11 CPC.

Apr 10, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S FROST INTERNATIONAL LIMITED — Appellant Vs. M/S MILAN DEVELOPERS AND BUILDERS (P) LIMITED AND ANOTHER @ RESPONDENT ( Before : M.R. Shah and…

C P C

In view of the difference of opinion expressed by two separate judgments, the Registry is directed to place the matter before Hon’ble the Chief Justice of India for appropriate orders/directions. CONTENTIONS rejection of the plaint under Order VII Rule 11 (d), for deciding the preliminary issue on pure question of law under Order XIV Rule 2(2) and for pronouncing a judgment on admission under Order XII Rule 6 being absolutely different and independent of each other

Apr 4, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SARANPAL KAUR ANAND — Appellant Vs. PRADUMAN SINGH CHANDHOK AND OTHERS — Respondent ( Before : Sanjiv Khanna and Bela M. Trivedi, JJ. )…

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Service

Service Law — Employee’s Plea for Mercy — An employee’s statement pleading innocence and seeking forgiveness for any mistake indirectly admits guilt and warrants mercy. Evidence in Departmental Inquiry — Findings in a departmental inquiry are based on preponderance of probabilities, not strict proof beyond reasonable doubt, and the High Court’s view that findings were based on conjecture and surmises was legally unsustainable if evidence supported the findings

Aug 23, 2025 sclaw

Education

Haryana School Education Act, 1995, Section 22 — Civil Court Jurisdiction — Ouster of jurisdiction by statute must be express or implied — Section 22 only ousts jurisdiction where Government or its officers have power to adjudicate — Recovery of fees by a school is not a power conferred on Government/authorities — Civil court jurisdiction not ousted in matters of reasonable fee recovery.

Aug 9, 2025 sclaw

Cr P C I P C

Penal Code, 1860 — Section 498A — Cruelty by husband or relatives of husband — Allegations in FIR were vague, general, and filed one year after admitted separation of the parties — No specific instances of cruelty were mentioned — Criminal proceedings are liable to be quashed. Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Court can quash FIR if allegations, taken at face value, do not constitute any offence — Vague and general allegations of marital discord, without specific instances, do not prima facie constitute an offence under Section 498A IPC.

Aug 9, 2025 sclaw

I P C POCSO

Penal Code, 1860 — Sections 376(2), 450 — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Sexual assault on a minor — Evidence of prosecutrix — Conviction can be based solely on the prosecutrix’s testimony if it inspires confidence — Corroboration of testimony of prosecutrix is not a requirement of law, but a guidance of prudence — Minor contractions or small discrepancies should not be a ground for throwing out the evidence of the prosecutrix.

Aug 9, 2025 sclaw

Category: C P C

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