C P C Archives - Page 20 of 52 - Supreme Court of India Judgements

July 27, 2025 10:20 pm

(CPC) – Or 41 R 22 – Challenge to adverse findings of court – Cross-objection not necessary HELD it is sufficient to raise a challenge to an adverse finding of the court of first instance before the appellate court without a cross objection.

Aug 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHRI SAURAV JAIN AND ANOTHER — Appellant Vs. M/S A. B. P. DESIGN AND ANOTHER — Respondent ( Before : Dr Dhananjaya Y Chandrachud…

C P C

(CPC) – Order 23 Rule 3A – Bar to suit – A party to a consent decree based on a compromise to challenge the compromise decree on the ground that the decree was not lawful, i.e., it was void or voidable has to approach the same court, which recorded the compromise and a separate suit challenging the consent decree has been held to be not maintainable.

Jul 4, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH R. JANAKIAMMAL AND S.R. SOMASUNDARAM AND ANOTHER — Appellant Vs. S.K. KUMARASAMY(DECEASED) THROUGH LEGAL REPRESENTATIVES AND OTHERS — Respondent ( Before : Ashok Bhushan…

C P C

CPC- In a money suit, the Court must invariably resort to Order XXI Rule 11, ensuring immediate execution of decree for payment of money on oral application. In a suit for payment of money, before settlement of issues, the defendant may be required to disclose his assets on oath, to the extent that he is being made liable in a suit. The Court may further, at any stage, in appropriate cases during the pendency of suit, using powers under Section 151 CPC, demand security to ensure satisfaction of any decree

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH RAHUL S SHAH — Appellant Vs. JINENDRA KUMAR GANDHI AND OTHERS — Respondent ( Before : S.A. Bobde, C.J.I., L. Nageswara Rao and S.…

C P C

Landlord and Tenant Relationship – Suit for possession – There is no evidence of taking premises on rent and it is admitted by defendant that he had not maintained any record of accounts of payment of rent, there is no base for holding that relationship of landlord and tenant is proved –

Mar 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MADAN MOHAN SINGH — Appellant Vs. VED PRAKASH ARYA — Respondent ( Before : Ashok Bhushan and R. Subhash Reddy, JJ. ) Civil Appeal…

C P C

CPC – Compliance of proviso to Section 17 is a Precondition for maintainability of application under Order 9 Rule 13 – Application under Order 9 Rule 13 can be allowed only when sufficient cause is made out to set aside the ex parte decree

Mar 7, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUBODH KUMAR — Appellant Vs. SHAMIM AHMED — Respondent ( Before : Ashok Bhushan and R. Subhash Reddy, JJ. ) Civil Appeal Nos. 802-803…

C P C

(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.…

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G S T

Central Goods and Services Tax Act, 2017 — Section 129 — Detention, seizure and release of goods and conveyances in transit — Show cause notice — Payment of penalty — Obligation to pass final order — Where a show cause notice is issued under Section 129(3) of the CGST Act and the taxable person files objections against the proposed levy, the proper officer is duty-bound to pass a reasoned, speaking order under Section 129(3), even if the penalty is paid. Such an order is crucial for enabling the taxpayer to exercise their statutory right of appeal under Section 107 of the CGST Act.

Jul 27, 2025 sclaw

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 174 — Inquiry by Police into cause of unnatural death — Requirement of fair and impartial investigation — Evidence considered — Inconsistencies in CCTV footage, suspicious medical findings, and failure to preserve crucial forensic evidence indicated failures in local investigation.

Jul 27, 2025 sclaw

Cr P C

Criminal Procedure Code, 1973 — Section 156(3) — FIR Registration — Application to Magistrate without approaching Police/SP — While a Magistrate ought not ordinarily entertain an application under Section 156(3) CrPC directly without the informant having availed and exhausted remedies under Section 154(3) CrPC, the Magistrate is competent to direct FIR registration if allegations disclose cognizable offence — Such an order is not without jurisdiction and not vitiated on this count, but it is a procedural irregularity.

Jul 27, 2025 sclaw

Constitution

Constitution of India, 1950 — Article 170(3) — Proviso — Readjustment of seats in Legislative Assemblies — Constitutional bar on readjustment of seats in State Legislative Assemblies until publication of census data after 2026 — Andhra Pradesh Reorganisation Act, 2014, Section 26 — Increase in seats subject to Article 170(3) — Petitioners’ claim for delimitation in Andhra Pradesh and Telangana dismissed as it contravened constitutional mandate.

Jul 27, 2025 sclaw

Category: C P C

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