Supreme Court of India Judgements

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Category: C P C

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…

C P C Limitation

Application for condonation of delay, that as such no explanation much less a sufficient or a satisfactory explanation had been offered by respondents – High Court has not exercised the discretion judiciously – Reasoning given by the High Court while condoning huge delay of 1011 days is not germane – Court cannot enquire into belated and stale claims on the ground of equity – Delay defeats equity – Courts help those who are vigilant and “do not slumber over their rights”

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAJJI SANNEMMA @ SANYASIRAO — Appellant Vs. REDDY SRIDEVI AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…

C P C

Civil suit – Declaration of ownership – Sale deed – Registration of document is always subject to adjudication of rights of the parties by the competent civil court – HELD parties with regard to the land in question will be governed by the judgment in pending suit in O.S. No.142 of 2008 on the file of the IIIrd Additional Subordinate Court, Coimbatore – Civil suit shall be decided on its own merits.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AMUDHAVALI AND OTHERS — Appellant Vs. P. RUKUMANI AND OTHERS — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ. ) Civil…

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I P C

Penal Code, 1860 (IPC) — Section 498A — Cruelty by husband or relatives of husband — For the conviction under Section 498A, the prosecution must prove beyond reasonable doubt that the accused caused mental or physical cruelty to the woman. In this case, the evidence presented by the prosecution regarding dowry demands and cruelty was found to be contradictory and uncorroborated by independent witnesses. Therefore, the conviction of the appellant under Section 498A IPC was set aside.

May 1, 2026 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Section 89 — Compromise Decree — Interpretation of — Memorandum of Settlement (MOS) forming basis of decree — Clause (xiii) specifying conditional obligations for exchange of immovable properties or payment of guideline value upon failure to transfer — Held, obligation to pay monetary compensation triggered by failure to transfer agreed ‘B Schedule’ land, not discretionary option.

May 1, 2026 sclaw
Education

Right to Education Act, 2009 — Section 12 — Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011 — Rule 8 — Neighbourhood School Obligation — A neighbourhood school has a constitutional and statutory duty to admit students forwarded by the State Government without delay, as mandated by Article 21A of the Constitution and relevant provisions of the RTE Act and UP RTE Rules — The school cannot question the eligibility of a student once the government has completed the admission process and forwarded the list.

Apr 30, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Section 5(8) — Financial Debt — Corporate Guarantees — A liability arising from corporate guarantee for money borrowed against interest qualifies as financial debt — The execution of corporate guarantees, even if challenged on grounds of timing or non-disclosure, are considered valid and enforceable if their execution is admitted or demonstrably proven, making the appellants entitled to recognition as financial creditors.

Apr 30, 2026 sclaw