Supreme Court of India Judgements

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Category: C P C

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…

C P C

High Court proceeded further with the hearing of the appeal as if the High Court was considering the appeal against the order passed on an application under Order IX Rule 13 CPC, whereas the appeal was against the order and decree passed by the Trial Court, which was affirmed by the First Appellate Court as barred by limitation. Appeal allowed

Jan 23, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAMTAZ AND OTHERS — Appellant Vs. GULSUMA ALIAS KULUSUMA — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Civil Appeal No.…

C P C

Constitution of India, 1950 – Article 227 – Civil Procedure Code, 1908 (CPC) – Order 9 Rule 13 – Setting aside of exparte decree – Power under Article 227 is exercised sparingly in appropriate cases, like when there is no evidence at all to justify, or the finding is so perverse that no reasonable person can possibly come to such a conclusion that the court or tribunal has come to – It is axiomatic that such discretionary relief must be exercised to ensure there is no miscarriage of justice.

Jan 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S GARMENT CRAFT — Appellant Vs. PRAKASH CHAND GOEL — Respondent ( Before : Sanjiv Khanna and Bela M. Trivedi, JJ. ) Civil Appeal…

C P C

(CPC) – Section 96, Order 41 Rule 31 – Appeal from original decree – Without framing points for determination and considering both facts and law; without proper discussion and assigning the reasons – First Appellate Court cannot dispose of the first appeal under Section 96 CPC and that too without raising the points for determination as provided under Order XLI Rule 31 CPC. – Impleadment of party in appeal – There cannot be an automatic allowing of the appeal and quashing and setting aside the judgment and decree passed by the trial court

Jan 2, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  IL AND FS ENGINEERING AND CONSTRUCTIONS COMPANY LIMITED — Appellant Vs. M/S. BHARGAVARAMA CONSTRUCTIONS AND OTHERS — Respondent ( Before : M.R. Shah and…

C P C

Suit for recovery – Impleadment of party in appeal – There cannot be an automatic allowing of the appeal and quashing and setting aside the judgment and decree passed by the trial court without any further entering into the merits of the appeal and/or expressing anything on merits in the appeal on an impleadment of a party in an appeal

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  IL AND FS ENGINEERING AND CONSTRUCTIONS COMPANY LIMITED — Appellant Vs. M/S. BHARGAVARAMA CONSTRUCTIONS AND OTHERS — Respondent ( Before : M.R. Shah and…

C P C

Civil Procedure Code, 1908 (CPC) – Section 96, Order 41 Rule 31 – Appeal from original decree – Without framing points for determination and considering both facts and law; without proper discussion and assigning the reasons – First Appellate Court cannot dispose of the first appeal under Section 96 CPC and that too without raising the points for determination as provided under Order XLI Rule 31 CPC.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH IL AND FS ENGINEERING AND CONSTRUCTIONS COMPANY LIMITED — Appellant Vs. M/S. BHARGAVARAMA CONSTRUCTIONS AND OTHERS — 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