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

(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.

Sep 30, 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

Second Appeal – Substantial question of law – High Court erred in not recording a finding on the question of law formulated later, to account for the Court Surveyor’s report, vis-à-vis the legal battle over the suit land. Without the decision on the relevant aspect which goes to the root of the dispute, the impugned judgment in our assessment, fails the scrutiny of law.

Sep 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MATADIN SURAJMAL RAJORIA (DECEASED) THROUGH SOLE LEGATEE LALITA SATYANARAYAN KHANDELAWAL — Appellant Vs. RAMDWAR MAHAVIR PANDE (DEAD) THR. LRS. AND OTHERS — Respondent (…

C P C

C P C – Order XI Rule 1 (4) and Order XI Rule 1 (5) applicable to the commercial suit shall be applicable only with respect to the documents which were in plaintiff’s power, possession, control or custody and not disclosed along with plaint. Therefore, the rigour of establishing the reasonable cause in non disclosure along with plaint may not arise in the case where the additional documents sought to be produced/relied upon are discovered subsequent to the filing of the plaint.

Sep 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUDHIR KUMAR @ S. BALIYAN — Appellant Vs. VINAY KUMAR G.B. — Respondent ( Before : M.R. Shah and Aniruddha Bose, JJ. ) Civil…

C P C

Second Appeal – Power of High Court to determine issues of fact – If the appellants’ arguments were to prevail, the findings of fact based upon an entirely erroneous appreciation of facts and by overlooking material evidence would necessarily have to remain and bind the parties, thereby causing injustice – It is precisely for such reasons that the High Courts are empowered to exercise limited factual review under Section 103 CPC. However, that such power could be exercised cannot be doubted.

Sep 18, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH K.N. NAGARAJAPPA AND OTHERS — Appellant Vs. H. NARASIMHA REDDY — Respondent ( Before : L. Nageswara Rao and S. Ravindra Bhat, JJ. )…

C P C

IMP : Suit for grant of perpetual injunction against the defendants restraining them or anybody claiming through them from interfering with the plaintiff’s peaceful possession and enjoyment of the suit property – High Court was right in holding that the suit simpliciter for permanent injunction without claiming declaration of title, as filed by the plaintiff, was not maintainable .

Sep 16, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH T.V. RAMAKRISHNA REDDY — Appellant Vs. M. MALLAPPA AND ANOTHER — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ. ) Civil…

C P C

(CPC) – Section 100 – Second Appeal – Reappreciation of evidence – Merely because the High Court refers to certain factual aspects in the case to raise and conclude on the question of law, the same does not mean that the factual aspect and evidence has been reappreciated.

Sep 12, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH BALASUBRAMANIAN AND ANOTHER — Appellant Vs. M. AROCKIASAMY (DEAD) THROUGH LRS. — Respondent ( Before : N.V. Ramana, CJI, A.S. Bopanna and Hrishikesh Roy,…

C P C

(CPC) – Or 41 R 4 and 27 – Suit for declaration of title and for recovery of possession – One of several plaintiff or defendants may obtain reversal of whole decree where it proceeds on ground common to all – Plaintiff has not made out any case for declaration of title over the disputed property in her favour – Appeal dismissed.

Sep 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH P. ISHWARI BAI — Appellant Vs. ANJANI BAI AND ANOTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ. ) Civil…

C P C

(CPC) – Order 7 Rule 11(d) – Guwahati Municipal Corporation Act, 1971- High Court without taking note of these aspects of the matter has wrongly invoked the provisions contained in Order VII Rule 11 (d) of the Civil Procedure Code to reject the plaint, when in the instant facts there is neither express nor implied bar under any law – On the other hand, the learned Munsif was justified in passing the order holding the suit to be maintainable

Aug 14, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RATUL MAHANTA — Appellant Vs. NIRMALENDU SAHA — Respondent ( Before : Hemant Gupta and A.S. Bopanna, JJ. ) Civil Appeal No. 4627 of…

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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