Supreme Court of India Judgements

46830 Judgements hosted as on 23/08/2025 - Search (FREE), Subscribe, Read & Download

Category: C P C

C P C

Civil suit – Declaration of ownership – Sale deed – Registration of document is always subject to adjudication of rights of the parties by the competent civil court – HELD parties with regard to the land in question will be governed by the judgment in pending suit in O.S. No.142 of 2008 on the file of the IIIrd Additional Subordinate Court, Coimbatore – Civil suit shall be decided on its own merits.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AMUDHAVALI AND OTHERS — Appellant Vs. P. RUKUMANI AND OTHERS — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ. ) Civil…

C P C

Impleadment in execution proceedings – Order XXI Rule 97 is with respect to resistance/obstruction to possession of immovable property – Order passed by the Executing Court dismissing the applications filed by the BDA for impleadment in the execution proceedings and/or dismissing the obstruction application, and the impugned order passed by the High Court, are unsustainable and the same deserve to be quashed and set aside – Appeal allowed.

Dec 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BANGALORE DEVELOPMENT AUTHORITY — Appellant Vs. N. NANJAPPA AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal…

C P C

(CPC)- S 100 – Dismissal of second appeal without assigning any reasons for conclusion – Court must display its conscious application of mind even while dismissing the appeal at the admission stage – Giving reasons for the conclusion is necessary as it helps the adversely affected party to understand why his submissions were not accepted – High Court cannot dismiss the second appeal in limine without assigning any reasons for its conclusion HELD An appeal under Section 100 of the CPC could be filed both against the ‘concurrent findings’ or ‘divergent findings’ of the courts below.

Nov 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HASMAT ALI — Appellant Vs. AMINA BIBI AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Krishna Murari, JJ. ) Civil Appeal…

C P C

Jurisdiction of civil courts – Urban Land (Ceiling and Regulation) Act, 1976 is a self-contained Code – Various provisions of the Act make it clear that if any orders are passed by the competent authority, there is provision for appeal, revision before the designated appellate and revisional authorities – In view of such remedies available for aggrieved parties, the jurisdiction of the civil courts to try suit relating to land which is subject-matter of ceiling proceedings, stands excluded by implication

Nov 27, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF M.P. — Appellant Vs. GHISILAL — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ. ) Civil Appeal No. 2153…

C P C

Civil Law – Injunction – No injunction could have been granted without impleading and without giving an opportunity of being heard – High Court granting injunction with respect to 1/7th share in the total plaint schedule properties which has been passed without giving an opportunity of being heard to the appellants and without impleading them as party-defendants in the suit by learned trial Court, is unsustainable and deserves to be quashed and set aside – Appeal allowed

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ACQUA BOREWELL PRIVATE LIMITED — Appellant Vs. SWAYAM PRABHA AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

C P C

Waqf Act, 1995 – Sections 83 and 85 – Suit for permanent injunction – Bar of jurisdiction of civil court – to allow the plaintiff to ignore the Waqf Tribunal and to seek a decree of permanent injunction and mandatory injunction from a civil court, would be ignore the mandate of section 83 and 85 which speak of any dispute, question or other matter relating to a waqf or a waqf property – Therefore, a question as to the nature of the waqf and whether the plaintiff is a beneficiary of the waqf, has also arisen in this case – This question has necessarily to be decided by the Tribunal and not the civil court – Appeal allowed.

Nov 4, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RASHID WALI BEG — Appellant Vs. FARID PINDARI AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil Appeal…

C P C

(CPC) – Section 100 – Punjab Courts Act, 1918 – Section 41 – Findings of fact – Second appeal – Jurisdiction – Jurisdiction in second appeal is not to interfere with the findings of fact on the ground that findings are erroneous, however, gross or inexcusable the error may seem to be – Findings of fact will also include the findings on the basis of documentary evidence – Jurisdiction to interfere in the second appeal is only where there is an error in law or procedure and not merely an error on a question of fact.

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AVTAR SINGH AND OTHERS — Appellant Vs. BIMLA DEVI AND OTHERS — Respondent ( Before : K.M. Joseph and S. Ravindra Bhat, JJ. )…

C P C

IMP : When a notice is sent by registered post and is returned with a postal endorsement “refused” or “not available in the house” or “house locked” or “shop closed” or “addressee not in station”, due service has to be presumed – Defendant cannot seek setting aside of an ex-parte decree – Orders passed by the High Court set aside and dismiss the application preferred by defendant under Order IX Rule 13 of the Code – Appeal allowed. Counsel for Appearing Parties

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VISHWABANDHU — Appellant Vs. SRI KRISHNA AND ANOTHER — Respondent ( Before : Uday Umesh Lalit and S. Ravindra Bhat, JJ. ) Civil Appeal…

C P C

(CPC) – S 92 – A suit under section 92 CPC is of a representative character and all persons interested in the Trust would be bound by the judgment in the suit, and persons interested would be barred by the principle of res judicata from instituting a subsequent suit on the same or substantially the same issue. While deciding on a scheme for administration in a representative suit filed under Section 92 of the CPC the court may, if the title is contested, have to decide if the property in respect of which the scheme for administration and management is sought belongs to the Trust.

Oct 2, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH THE JAMIA MASJID — Appellant Vs. SRI K V RUDRAPPA (SINCE DEAD) BY LRS. AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y.…

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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