C P C Archives - Page 16 of 54 - Supreme Court of India Judgements

January 20, 2026 4:41 pm

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. )…

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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.…

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Service

Service Law — Recruitment and Appointment — Suppression of Criminal Antecedents — Candor and Integrity — Application forms (Attestation and Verification Forms) required disclosure of pending criminal cases — Applicant answered in the negative despite two criminal cases pending against him (Case Crime Nos. 198/2019 and 215/2018) — Non-disclosure was repeated (in both forms) and therefore held to reflect deliberate concealment/mal-intent, striking at the core of trust required for public service — Suppression was a violation of clear stipulations/disclaimers in the forms making concealment a disqualification/render applicant unfit for government service — Subsequent voluntary disclosure (via affidavit) or later acquittal/dropping of proceedings do not nullify the fact that candidate provided incorrect and false information at the time of filling the forms — High Court erred in overlooking the repeated concealment and calling the undisclosed information ‘of trivial nature’ — Cancellation of appointment upheld. (Paras 3, 6, 8, 9)

Jan 18, 2026 sclaw

Consumer

Consumer Protection Act, 2019 — Section 71 — Execution of Order — Judgment Debtor Company — Liability of Directors/Promoters — Execution must strictly conform to the decree; it cannot be employed to shift or enlarge liability to bind persons who were neither parties to the decree nor otherwise legally liable thereunder — Where consumer complaints were consciously proceeded against the Company alone (Corporate Debtor), and directors/promoters were dropped as parties during admission/pre-adjudication stage (order unchallenged), the final order binds the Company exclusively, not the directors/promoters. (Paras 9, 10, 11, 12, 15, 23)

Jan 18, 2026 sclaw

C P C

Civil Procedure Code, 1908 (CPC) — Order 21 Rules 97 to 102 — Resistance and Obstruction to Execution of Decree for Possession — Adjudication of rights of obstructionists — Where transferees pendente lite obstruct execution of a decree for possession, the Executing Court must adjudicate the claim; if the obstructionist is found to be a transferee pendente lite, the scope of adjudication is limited to this fact, and such a transferee has no right to resist execution of the decree — The remedy for removal of obstruction is by application under Order 21 Rule 97 by the decree holder, followed by adjudication under Rule 98-101 (Maharashtra Amendment) which bars a separate suit. (Paras 53, 54, 55, 59, 65)

Jan 18, 2026 sclaw

Constitution

Administrative Law — Competence of authorities — State Governments lack legislative competence to prescribe additional experience as an essential qualification for Drug Inspectors when the Central Government has already occupied the field.

Jan 18, 2026 sclaw

Category: C P C

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