Supreme Court of India Judgements

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Category: C P C

C P C

(CPC) – Order 7 Rule 11(d) – Guwahati Municipal Corporation Act, 1971- High Court without taking note of these aspects of the matter has wrongly invoked the provisions contained in Order VII Rule 11 (d) of the Civil Procedure Code to reject the plaint, when in the instant facts there is neither express nor implied bar under any law – On the other hand, the learned Munsif was justified in passing the order holding the suit to be maintainable

Aug 14, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RATUL MAHANTA — Appellant Vs. NIRMALENDU SAHA — Respondent ( Before : Hemant Gupta and A.S. Bopanna, JJ. ) Civil Appeal No. 4627 of…

C P C

Res judicata, rejection of plaint – “Since an adjudication of the plea of res judicata requires consideration of the pleadings, issues and decision in the ‘previous suit’, such a plea will be beyond the scope of Order 7 Rule 11 (d), where only the statements in the plaint will have to be perused.”

Aug 10, 2021 sclaw

“Since an adjudication of the plea of res judicata requires consideration of the pleadings, issues and decision in the ‘previous suit’, such a plea will be beyond the scope of…

C P C

Exparte decree against minor – Appointment of guardian – High Court found that the exparte decree was a nullity, as it was passed against a minor without the minor being represented by a guardian duly appointed in terms of the procedure contemplated under Order 32, Rule 3 of the Code – Therefore, the High Court, exercising its power of superintendence under Article 227 of the Constitution, set aside the exparte decree itself . ORDER UPHELD

Aug 8, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH K.P. NATARAJAN AND ANOTHER — Appellant Vs. MUTHALAMMAL AND OTHERS — Respondent ( Before : Indira Banerjee and V. Ramasubramanian, JJ. ) Special Leave…

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.…

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Service

Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2

Dec 19, 2025 sclaw
Acquittal I P C

Penal Code, 1860 (IPC) —Section 302 read with Sections 149 and 148 — Murder —Conviction affirmed by High Court — Appeal to Supreme Court — Sufficiency of evidence — Role of interested/related witnesses — Deposition of PW-4 (mother of deceased and alleged eyewitness) scrutinized closely — Material contradictions found in PW-4’s evidence regarding the manner of assault and who informed her — Failure of prosecution to examine key witness (deceased’s granddaughter, who initially informed PW-4) — Independent witnesses (PW-1, PW-2, PW-3 and PW-9) turned hostile — Recovery of weapons based on accused’s memorandum/statement rendered unreliable when supporting witnesses hostile. (Paras 4, 7, 8, 9, 10, 13, 14, 15)

Dec 19, 2025 sclaw
Constitution

Employees’ State Insurance Act, 1948 — Section 45A — Determination of contributions in certain cases — Preconditions for invoking Section 45A — Section 45A is a special provision for best-judgment assessment applicable only when an employer fails to submit, furnish, or maintain returns, particulars, registers, or records as required by Section 44, OR obstructs an Inspector or official in discharging duties under Section 45 — It is not an alternative mode of assessment available at the option of the Corporation — When records (ledgers, cash books, vouchers, etc.) are produced and the employer cooperates by attending multiple personal hearings, the mere allegation of inadequacy or deficiency of supporting documents does not satisfy the statutory threshold of “non-production” or “obstruction” to invoke Section 45A — Mere inadequacy of records does not confer jurisdiction under Section 45A. (Paras 14.6, 14.7, 24, 25, 27, 30)

Dec 19, 2025 sclaw
Tenders & Contracts

Tender and Contract — Eligibility Criteria — Interpretation of “prime contractor” and “in the same name and style” — Requirement of work experience — Where an NIT’s pre-qualification document requires “each prime contractor in the same name and style (tenderer)” to have completed previous work, and the term “prime contractor” is undefined, its meaning must be derived from common parlance as the tenderer primarily responsible for the contract offer; however, the requirement must be construed from the standpoint of a prudent businessman, considering the credentials and capacity to execute the work, not merely the name. (Paras 17, 20, 21.3)

Dec 19, 2025 sclaw