C P C Archives - Page 19 of 51 - Supreme Court of India Judgements

March 12, 2025 11:41 am

(CPC) – S 96 – Appeal for original decree – Appellants were not a party to the Consent Orders – It was not open for the Court to examine the legal effect of the Consent Orders to which the appellants were not a party.

Mar 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. CHITRALEKHA BUILDERS AND ANOTHER THROUGH ANIL G. SHAH POWER OF ATTORNEY AND HUSBAND OF THE PARTNER — Appellant Vs. G.I.C. EMPLOYEES SONAL VIHAR…

C P C

Order VII Rue 11 CPC : Court Has Inherent Power To See That Frivolous Or Vexatious Litigations Are Not Allowed To Consume Its Time

Feb 26, 2021 sclaw

“In any case, an application under Order VII Rule 11 of the CPC for rejection of the plaint requires a meaningful reading of the plaint as a whole. As…

C P C

Consent decree – Estoppel – It is well settled that consent decrees are intended to create estoppels by judgment against the parties, thereby putting an end to further litigation between the parties – A consent decree would not serve as an estoppel, where the compromise was vitiated by fraud, misrepresentation, or mistake

Feb 24, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH COMPACK ENTERPRISES INDIA PRIVATE LIMITED — Appellant Vs. BEANT SINGH — Respondent ( Before : Mohan M. Shantanagoudar and Vineet Saran, JJ. ) SLP…

C P C

(CPC) – Section 89 – Tamil Nadu Court Fees and Suit Valuation Act, 1955 – Section 69A – Refund of Court fees – Settlement of disputes outside the Court – Parties who have agreed to settle their disputes without requiring judicial intervention under Section 89, CPC are even more deserving of this benefit.

Feb 23, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE HIGH COURT OF JUDICATURE AT MADRAS REP. BY ITS REGISTRAR GENERAL — Appellant Vs. M.C. SUBRAMANIAM AND OTHERS — Respondent ( Before :…

C P C

(CPC) – Orders 21 Rule 92 and Orders 21 Rule 94 – Once the sale is confirmed and the sale certificate has been issued in favour of the purchaser, the same shall become final.Appeal against the decree passed with the consent of the parties shall be barred.No suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful.

Feb 21, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH H.S. GOUTHAM — Appellant Vs. RAMA MURTHY AND ANOTHER ETC — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ.…

C P C

(CPC) – Order 20 – Timeline for pronouncement of judgment – Order 20 of the CPC does not apply to the High Court

Feb 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SJVNL — Appellant Vs. M/S CCC HIM JV AND ANOTHER — Respondent ( Before : Rohinton Fali Nariman and B.R. Gavai, JJ. ) Civil…

C P C

Suit for injunction – Trespasser, who is in established possession of the property could obtain injunction – – rightful owner does not come forward and assert his title by the process of law within the period prescribed by the provisions of Limitation applicable to the case, his right is for ever extinguished and the possessory owner acquires an absolute title.

Feb 9, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH A. SUBRAMANIAN AND ANOTHER — Appellant Vs. R. PANNERSELVAM — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ. )…

C P C

Mutation Entries Do Not By Themselves Confer Title

Jan 27, 2021 sclaw

It is well settled that mutation entries do not by themselves confer title which has to be established independently in a declaratory suit, There are many Apex Court judgments which…

C P C

‘Bordering On Professional Misconduct’: Supreme Court To Proceed Against A Lawyer For Speculating About Outcome Of A Pending Appeal

Jan 24, 2021 sclaw

“Be that as it may, during the pendency of the stated suit for declaration and for direction to handover custody of the minor child, an application had been moved by…

C P C

Whether the acceptance of a conditional offer with a further condition results in a concluded contract, irrespective of whether the offerer accepts the further condition proposed by the acceptor, Held, Acceptance of a conditional offer with a further condition does not result in a concluded Contract.

Jan 17, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. PADIA TIMBER COMPANY(P) LIMITED — Appellant Vs. THE BOARD OF TRUSTEES OF VISAKHAPATNAM PORT TRUST THROUGH ITS SECRETARY — Respondent ( Before :…

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Consumer Limitation

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

Mar 3, 2025 sclaw

C P C

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Feb 16, 2025 sclaw

Stamp Act State Laws

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Feb 16, 2025 sclaw

Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

Feb 9, 2025 sclaw

Category: C P C

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