C P C Archives - Page 21 of 51 - Supreme Court of India Judgements

April 21, 2025 3:45 am

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. )…

C P C

Specific Relief Act, 1963 – Section 34 – Civil Procedure Code, 1908 (CPC) – Order 23 Rule 3A – Transfer of Property Act, 1882 – Section 52 – Bar to suit – Compromise decree – Merely because the appellant was not party to the compromise decree in the facts of the present case, will be of no avail to the appellant, much less give him a cause of action to question the validity of the compromise decree passed by the High Court by way of a substantive suit before the civil Court to declare it as fraudulent, illegal and not binding on him

May 8, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH TRILOKI NATH SINGH — Appellant Vs. ANIRUDH SINGH(D) THR. LRS AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Ajay Rastogi, JJ. )…

C P C

Order XXIII Rule 3A CPC: Bar To File Separate Suit Challenging Compromise Decree Applies To Stranger Also: SC HELD Order XXIII Rule 3A CPC: Bar To File Separate Suit Challenging Compromise Decree Applies To Stranger Also: SC HELD Rule 3A of Order 23 CPC put a specific bar that no suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful. D/ MAY 06, 2020

May 6, 2020 sclaw

Order XXIII Rule 3A CPC: Bar To File Separate Suit Challenging Compromise Decree Applies To Stranger Also: SC [Read Judgment] Ashok Kini 6 May 2020 5:54 PM The Supreme Court…

C P C

Chit Funds Act, 1982 – Section 64 (1)(A) – Civil Procedure Code, 1908 (CPC) – Order 21 Rule 89 and Section 151 – Auction – Merely a guarantor and not a borrower and that the entire due amount was deposited by respondent No. 1 with the respondent No. 2 – Chits Company, HELD since the Revision had been filed within less than a week of the auction and entire dues had been settled, the confirmation of the auction was not justified. – Appeal dismissed.

Apr 26, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PAUL — Appellant Vs. T. MOHAN AND ANOTHER — Respondent ( Before : Uday Umesh Lalit and Vineet Saran, JJ. ) Civil Appeal…

C P C

Appeal—Dismissal in Default–Against an order of refusal readmitting the appeal which was dismissed in default appeal lies under 0.43 R.19 of CPC—Writ petition under Art.227 is not maintainable against such orders

Mar 31, 2020 sclaw

2019(2) Law Herald (P&H) 929 (SC) : 2019 LawHerald.Org 721 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Civil…

You missed

I P C

Defamation — Imputation in Good Faith for Protection of Interests — Exception 9 to S. 499 IPC engrafts the principle of qualified privilege, stating it is not defamation to make an imputation on the character of another, provided it is made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good

Apr 20, 2025 sclaw

Corporate

ESI – The definition of ‘principal employer’ under Section 2(17) is wide and includes not only the owner or occupier of a factory (or head of department in government establishments) but also the managing agent or any person responsible for the supervision and control of the establishment — Designation is immaterial if the person functions as a managing agent or supervises/controls the establishment

Apr 20, 2025 sclaw

Anticipatory Bail

Habitual Offender/Criminal Antecedents — Consideration of Nature of Current Offence — While the criminal antecedents and alleged status of an accused as a habitual offender are extremely relevant factors that ordinarily weigh against the grant of anticipatory bail, the High Court’s discretion in granting such bail may not warrant interference

Apr 20, 2025 sclaw

Circumstantial Evidence I P C

Murder (Filicide) vs. Suicide — In cases based on circumstantial evidence where the question is whether the death was homicidal (filicide) or suicidal, the prosecution must establish a complete chain of circumstances that points exclusively to the guilt of the accused and is inconsistent with any hypothesis of innocence

Apr 20, 2025 sclaw

Category: C P C

You missed