Supreme Court of India Judgements

46820 Judgements hosted as on 28/07/2025 - Search (FREE), Subscribe, Read & Download

Category: C P C

C P C

(CPC) – Order 7 Rule 11 – Rejection of plaint – plaintiffs claimed the relief in the suit invoking Section 53A of the TP Act – Only in a case where on the face of it, it is seen that the suit is barred by limitation, then and then only a plaint can be rejected under Order VII Rule 11(d) CPC on the ground of limitation.

Mar 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SRI BISWANATH BANIK AND OTHERS — Appellant Vs. SMT. SULANGA BOSE AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

C P C

Civil Procedure Code, 1908 (CPC) – Section 100 – Partition Suit – Relief in Second Appeal – Entitlement – Plaintiff not entitled to relief in the second appeal on the ground that they have not challenged the judgment and decree of the trial court before the First Appellate Court, is not sustainable

Feb 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AZGAR BARID (D) BY LRS. AND OTHERS — Appellant Vs. MAZAMBI @ PYAREMABI AND OTHERS — Respondent ( Before : L. Nageswara Rao and…

C P C

IMP – Commercial Suits – Time limit for filing written statement – in the ordinary circumstances, the mandates of Rule 1(1) of Order V, Rule 1 of Order VIII as also Rule 10 of Order VIII, as applicable to the Commercial dispute of a Specified Value, do operate in the manner that after expiry of 120th day from the date of service of summons, the defendant forfeits the right to submit his written statement and the Court cannot allow the same to be taken on record but

Feb 26, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRAKASH CORPORATES — Appellant Vs. DEE VEE PROJECTS LIMITED — Respondent ( Before : Dinesh Maheshwari and Vikram Nath, JJ. ) Civil Appeal No(s).…

C P C

Rejection of plaint – A party to a consent decree based on a compromise to challenge the compromise decree on the ground that the decree was not lawful i.e., it was void or voidable has to approach the same court, which recorded the compromise and a separate suit challenging the consent decree has been held to be not maintainable

Feb 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. SREE SURYA DEVELOPERS AND PROMOTERS — Appellant Vs. N. SAILESH PRASAD AND OTHERS — Respondent ( Before : M.R. Shah and Sanjiv Khanna,…

C P C

C P C – Order II Rule 3 permits the plaintiff to join together different causes of action – No doubt it is a different matter that if there is a mis-joinder of causes of action, the power of the court as also the right of the parties to object are to be dealt with in accordance with law which is well settled.

Feb 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH B.R. PATIL — Appellant Vs. TULSA Y. SAWKAR AND OTHERS — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ. ) Civil Appeal…

C P C

Civil Procedure Code, 1908 (CPC) – Order 39 Rule 2­A – Contempt of a civil nature- The allegation of wilful disobedience being in the nature of criminal liability, the same has to be proved to the satisfaction of the court that the disobedience was not mere “disobedience” but “wilful” and “conscious” – Implication of exercise of contempt jurisdiction, held that the power must be exercised with caution rather than on mere probabilities

Feb 6, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH FUTURE COUPONS PRIVATE LIMITED AND OTHERS — Appellant Vs. AMAZON.COM NV INVESTMENT HOLDINGS LLC AND OTHERS — Respondent ( Before : N.V. Ramana, CJI,…

C P C

Civil Procedure Code, 1908 (CPC) – Sections 2(4) and 44A – Execution of foreign decree – Held the District Court or the High Court in its ordinary original civil jurisdiction is competent to exercise power for execution of decree, including money decree of the foreign Court of reciprocating jurisdiction, provided other conditions are complied with as contemplated under Section 44A of the Code.

Feb 5, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MESSER GRIESHEIM GMBH (NOW CALLED AIR LIQUIDE DEUTSCHLAND GMBH) — Appellant Vs. GOYAL MG GASES PRIVATE LIMITED — Respondent ( Before : Ajay Rastogi…

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Constitution

Constitution of India, 1950 — Article 32 — Writ jurisdiction — Violation of Fundamental Rights — A writ petition under Article 32 requires a prima facie case of violation or imminent threat of violation of a Fundamental Right, with specific pleadings and prayers for relief. Vague allegations of arbitrariness or violation of natural justice without specific impact on Fundamental Rights are insufficient to maintain the petition.

Jul 28, 2025 sclaw
Juvenile Justice

Juvenile Justice (Care and Protection of Children) Act, 2000 — Applicability — Plea of juvenility raised for the first time before the Supreme Court — Permissible at any stage, even after disposal of the case, as held in various judgments of the Supreme Court.-— Determination of Age — Inquiry report confirmed the appellant was a juvenile (16 years, 2 months, 3 days) at the time of the commission of the offence.

Jul 28, 2025 sclaw
Cr P C SC/ST

Criminal Procedure Code, 1973 — Section 482 — Quashing of proceedings — High Court quashed proceedings under SC/ST Act, 1989, against respondents — Appellant contended High Court erred in exercising jurisdiction, overlooking evidence, and conducting roving inquiry — Court held High Court’s scope under Section 482 is limited to determining if allegations disclose a cognizable offence, and it should not engage in detailed evidence evaluation at pre-trial stage — However, if allegations are baseless, motivated by personal vendetta, or lack requisite ingredients for an offence, High Court can quash proceedings to prevent abuse of process.

Jul 28, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 — Section 482 — Quashing of criminal proceedings — Second quashing petition — Maintainability — Not permissible to raise previously available grounds in a subsequent petition to effect a review of an earlier order, violating Section 362 CrPC — Exception is when there has been a change in circumstances.

Jul 28, 2025 sclaw