C P C Archives - Page 20 of 51 - Supreme Court of India Judgements

March 11, 2025 11:36 pm

(CPC) – Or 47 R 1 and S 114 – Review – Powers of review cannot be exercised as an inherent power nor can an appellate power can be exercised in the guise of power of review –

Nov 7, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHRI RAM SAHU (DEAD) THROUGH LRS. AND OTHERS — Appellant Vs. VINOD KUMAR RAWAT AND OTHERS — Respondent ( Before : Ashok Bhushan and…

C P C

C P C – Or 2, R 2 – Suit to include the whole claim – Plea of Bar – The plea of bar under Or 2, R 2 is a technical plea which has to be pleaded and satisfactorily established. If the plea of bar is not taken, the Court should not suo moto decide the plea. It cannot be raised before Supreme Court if not raised in the High Court.

Sep 19, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH B. SANTOSHAMMA AND ANOTHER — Appellant Vs. D. SARALA AND ANOTHER — Respondent ( Before : Uday Umesh Lalit and Indira Banerjee, JJ.…

C P C

Civil Procedure Code, 1908 – Section 96 – Leave to appeal – It is well settled that a person who is not a party to the suit may prefer an appeal with the leave of the Appellate Court and such leave should be granted if he would be prejudicially affected by the Judgment – Mere saying that the appellants are prejudicially affected by the decree is not sufficient – Appeal dismissed.

Aug 21, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH SRI V.N.KRISHNA MURTHY AND ANOTHER — Appellant Vs. SRI RAVIKUMAR AND OTHERS — Respondent ( Before : L. Nageswara Rao, Krishna Murari and…

C P C

If a plaint is returned under Order VII Rule 10 and 10A, CPC, for presentation in the court in which it should have been instituted, HELD Suit in new Court has to Proceed De Novo on Return of Plaint.

Aug 6, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S. EXL CAREERS AND ANOTHER — Appellant Vs. FRANKFINN AVIATION SERVICES PRIVATE LIMITED — Respondent ( Before : R.F. Nariman, Navin Sinha and…

C P C

Object of Order VII Rule 11 (a) CPC is that if in a suit, no cause of action is disclosed, or the suit is barred by limitation under Rule 11 (d), the Court would not permit the plaintiff to unnecessarily protract the proceedings in the suit. It states that the plaint “shall” be rejected if any of the grounds specified in clause (a) to (e) are made out. Hence suit filed after 3 years of registered deed is barred under, Art 59 Limitation Act.

Jul 9, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DAHIBEN — Appellant Vs. ARVINDBHAI KALYANJI BHANUSALI (GAJRA)(D) THR. LRS. AND OTHERS — Respondent ( Before : L. Nageswara Rao and Indu Malhotra,…

C P C

IMP ::: Pleadings–Court should confine its decision to the question raised in pleadings–Court cannot grant a relief which is not claimed and which does not flow from the facts and the cause of action alleged in the plaint.

Jul 8, 2020 sclaw

2009(2) LAW HERALD (SC) 745 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendaran The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal Nos. 5798-5799 of…

C P C

Civil Procedure–Summary suit – Leave to defend–Revision–Maintainability of–An order imposing a conditional leave to defend the suit was a jurisdictional question and, thus, a revision application would be maintainable.

Jul 6, 2020 sclaw

Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7314 of 2008 Wada Arun Asbestos (P) Ltd. v. Gujarat Water Supply & Sewerage…

C P C

Review–Same relief which was turned down by Supreme Court has been sought for in the review application–Grant of interim order virtually granting relief prayed for in review is not permissible.

Jul 5, 2020 sclaw

Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Civil Appeal No. 6755-6756 Of 2008 Director General of Police Central Reserve Police Force New…

C P C

Civil Procedure Code, 1908 (CPC) – Sections 10 and 25 – Succession Act, 1925 – Section 270 – Suit for partition – Transfer of – A petition u/s 25 of the Code, however, is not decided on consideration on the “First past the post” . Bombay High Court, which is hearing the Testamentary petition (Probate), will decide the partition suit as well.

Jun 28, 2020 sclaw

SUPREME COURT OF INDIA SINGLE BENCH SHAMITA SINGHA AND ANOTHER — Appellant Vs. RASHMI AHLUWALIA AND ANOTHER — Respondent ( Before : Aniruddha Bose, J. ) Transfer Petition (Civil)…

C P C

Specific Relief Act, 1963 – Section 41(f) – Injunction – Section 41(f) of the 1963 Act clearly mandates that an injunction cannot be granted to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance.

May 8, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RATNAGIRI NAGAR PARISHAD — Appellant Vs. GANGARAM NARAYAN AMBEKAR AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. )…

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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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