C P C Archives - Page 16 of 53 - Supreme Court of India Judgements

December 29, 2025 2:19 am

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. )…

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…

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Service

Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2

Dec 19, 2025 sclaw

Acquittal I P C

Penal Code, 1860 (IPC) —Section 302 read with Sections 149 and 148 — Murder —Conviction affirmed by High Court — Appeal to Supreme Court — Sufficiency of evidence — Role of interested/related witnesses — Deposition of PW-4 (mother of deceased and alleged eyewitness) scrutinized closely — Material contradictions found in PW-4’s evidence regarding the manner of assault and who informed her — Failure of prosecution to examine key witness (deceased’s granddaughter, who initially informed PW-4) — Independent witnesses (PW-1, PW-2, PW-3 and PW-9) turned hostile — Recovery of weapons based on accused’s memorandum/statement rendered unreliable when supporting witnesses hostile. (Paras 4, 7, 8, 9, 10, 13, 14, 15)

Dec 19, 2025 sclaw

Constitution

Employees’ State Insurance Act, 1948 — Section 45A — Determination of contributions in certain cases — Preconditions for invoking Section 45A — Section 45A is a special provision for best-judgment assessment applicable only when an employer fails to submit, furnish, or maintain returns, particulars, registers, or records as required by Section 44, OR obstructs an Inspector or official in discharging duties under Section 45 — It is not an alternative mode of assessment available at the option of the Corporation — When records (ledgers, cash books, vouchers, etc.) are produced and the employer cooperates by attending multiple personal hearings, the mere allegation of inadequacy or deficiency of supporting documents does not satisfy the statutory threshold of “non-production” or “obstruction” to invoke Section 45A — Mere inadequacy of records does not confer jurisdiction under Section 45A. (Paras 14.6, 14.7, 24, 25, 27, 30)

Dec 19, 2025 sclaw

Tenders & Contracts

Tender and Contract — Eligibility Criteria — Interpretation of “prime contractor” and “in the same name and style” — Requirement of work experience — Where an NIT’s pre-qualification document requires “each prime contractor in the same name and style (tenderer)” to have completed previous work, and the term “prime contractor” is undefined, its meaning must be derived from common parlance as the tenderer primarily responsible for the contract offer; however, the requirement must be construed from the standpoint of a prudent businessman, considering the credentials and capacity to execute the work, not merely the name. (Paras 17, 20, 21.3)

Dec 19, 2025 sclaw

Category: C P C

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