Supreme Court of India Judgements

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Category: C P C

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

The instant suit by the legal heirs of “G” was filed more than 30 years later on 11.11.1987 after his death – Plaintiffs failed to established or lead any evidence with regard to availability of funds with “G” so as to make an endeavour to purchase his own property in the auction sale through Govindan. Civil Procedure Code, 1908 (CPC) – Section 66(1) – Auction sale

Mar 20, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH PALANIAMMAL AND OTHERS — Appellant Vs. KAMALAKANNAN AND OTHERS — Respondent ( Before : Ashok Bhushan and Navin Sinha, JJ. ) Civil Appeal…

C P C

Limitation Act, 1963 – Sections 5 and 14 – Civil Procedure Code, 1908 (CPC) – Order 21 Rule 90 – Auction sale – Setting aside of – Extension of time – Section 5 of the Act which deals with extension of time or condonation of delay is not applicable to proceedings under Order XXI Rule 90 of the CPC

Mar 20, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH AARIFABEN YUNUSBHAI PATEL AND OTHERS — Appellant Vs. MUKUL THAKOREBHAI AMIN AND OTHERS — Respondent ( Before : L. Nageswara Rao and Deepak…

C P C

Civil Procedure Code, 1908 (CPC) – Sections 92 and 92(1) – Public Charities – Public charity is perpetual and the Court is the guardian of a charity HELD If in respect of a trust which had set up a hospital, a request was made for framing of a proper scope of administration by appointing trustee from medical profession and from public for proper and effective administration of the Trust, the matter would definitely fall within the scope of Section 92 of the Code

Mar 3, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ASHOK KUMAR GUPTA AND ANOTHER — Appellant Vs. M/S. SITALAXMI SAHUWALA MEDICAL TRUST AND OTHERS — Respondent ( Before : Uday Umesh Lalit and…

C P C

High Court has totally erred in relying on the lease deed dated 12.3.1997, which was found to be insufficiently stamped and brushing aside the report of the Registrar (Judicial), when the respondents had failed to pay the insufficient stamp duty and penalty as determined by the Registrar (Judicial) of the High Court of Karnataka. Dismissed

Feb 17, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S. DHARMARATNAKARA RAI BAHADUR ARCOT NARAINSWAMY MUDALIAR CHATTRAM AND ORS. — Appellant Vs. M/S BHASKAR RAJU & BROTHERS AND OTHERS — Respondent ( Before…

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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).

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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