C P C Archives - Page 22 of 51 - Supreme Court of India Judgements

HELD we find that the High Court erred in law in interfering with the finding of fact recorded by the trial court as affirmed by the First Appellate Court. The findings of fact cannot be interfered with in a second appeal unless, the findings are perverse. The High Court could not have interfered with the findings of the fact.

Feb 17, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH C. DODDANARAYANA REDDY (DEAD) BY LRS. AND OTHERS — Appellant Vs. C. JAYARAMA REDDY (DEAD) BY LRS. AND OTHERS — Respondent ( Before :…

C P C

The matter is remitted to the trial court to decide the objection of admissibility of the document on account of being insufficiently stamped in light of the findings recorded, after evidence is led by the parties.

Feb 17, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. Z. ENGINEERS CONSTRUCTION PVT. LTD AND ANOTHER — Appellant Vs. BIPIN BIHARI BEHERA AND OTHERS — Respondent ( Before : S. Abdul Nazeer…

C P C

Findings Of Fact Cannot Be Interfered With In A Second Appeal Unless Findings Are Perverse, Reiterates SC

Feb 15, 2020 sclaw

Findings Of Fact Cannot Be Interfered With In A Second Appeal Unless Findings Are Perverse, Reiterates SC [Read Judgment] LIVELAW NEWS NETWORK 15 Feb 2020 5:45 PM The findings of…

C P C

The expression ‘appeal’ has not been defined in the CPC. Black’s Law Dictionary (7th Edn.) defines an appeal as “a proceeding undertaken to have a decision reconsidered by bringing it to a higher authority.” It is a judicial examination of the decision by a higher court of the decision of a subordinate court

Feb 12, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MALLURU MALLAPPA(D) THR. LRS. — Appellant Vs. KURUVATHAPPA AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Sanjiv Khanna, JJ. ) Civil…

C P C

[Order VIII Rule 6A CPC] Counter Claim Cannot Be Filed After Framing Of Issues: SC

Feb 9, 2020 sclaw

[Order VIII Rule 6A CPC] Counter Claim Cannot Be Filed After Framing Of Issues: SC [Read Order] Ashok Kini 9 Feb 2020 7:22 PM The Supreme Court has reiterated that…

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Section 92 CPC Procedure Not Applicable In Suit By A Trust: SC

Feb 1, 2020 sclaw

Section 92 CPC Procedure Not Applicable In Suit By A Trust: SC [Read Judgment] LIVELAW NEWS NETWORK 31 Jan 2020 7:26 PM The Supreme Court has observed that the procedure…

C P C

Unequivocal Statements Made By Counsel Will Be Binding On Clients: SC

Feb 1, 2020 sclaw

Unequivocal Statements Made By Counsel Will Be Binding On Clients: SC [Read Judgment] LIVELAW NEWS NETWORK 1 Feb 2020 11:45 AM The Supreme Court has observed that unequivocal statements made…

C P C

Civil Procedure Code, 1908 (CPC) – Section 115 and Order 22 Rule 5 – Hindu Succession Act, 1956 – Section 15 – Will – Legal representatives – Appellant is the sole claimant to the estate of the deceased on the basis of Will – Executing Court has found that the appellant is the legal representative of the deceased competent to execute the decree – Appellant as the legal representative is entitled to execute the decree and to take it to its logical end HELD The determination as to who is the legal representative under Order 22 Rule 5 will of course be for the limited purpose of representation of the estate of the deceased, for adjudication of that case. No rs judicata

Jan 22, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VARADARAJAN — Appellant Vs. KANAKAVALLI AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. ) Civil Appeal No. 5673…

C P C

Civil Procedure Code, 1908 (CPC) – Order 8 Rule 1 – Decree of specific performance of an agreement to sell – Right to file written statement – within the shorter timeline of 90 days HELD – taking a lenient view given the unique circumstances of the case, and without laying down the discretion being exercised hereinafter, as a precedent, This Court direct that the written statement filed by the appellant on 02.11.2017 (as claimed), be taken on record – Cost Rs 25000

Jan 20, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH DESH RAJ — Appellant Vs. BALKISHAN (D) THROUGH PROPOSED LR MS. ROHINI — Respondent ( Before : S. A. Bobde, CJI., B.R. Gavai and…

C P C

Can pleadings be amended after a trial has begun? HELD application to amend the pleadings in a civil suit can be allowed after the commencement of trial, only under a specific condition.

Jan 18, 2020 sclaw

Can pleadings be amended after a trial has begun? Supreme Court answers Supreme Court delves into the question of when an amendment application can be allowed under Order VI Rule…

The matter is remitted to the trial court to decide the objection of admissibility of the document on account of being insufficiently stamped in light of the findings recorded, after evidence is led by the parties.

Findings Of Fact Cannot Be Interfered With In A Second Appeal Unless Findings Are Perverse, Reiterates SC

[Order VIII Rule 6A CPC] Counter Claim Cannot Be Filed After Framing Of Issues: SC

Section 92 CPC Procedure Not Applicable In Suit By A Trust: SC

Unequivocal Statements Made By Counsel Will Be Binding On Clients: SC

Can pleadings be amended after a trial has begun? HELD application to amend the pleadings in a civil suit can be allowed after the commencement of trial, only under a specific condition.

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Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

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.

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).

Supreme Court of India Judgements

Category: C P C

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