C P C Archives - Page 22 of 53 - Supreme Court of India Judgements

December 29, 2025 2:02 pm

Order VII Rue 11 CPC : Court Has Inherent Power To See That Frivolous Or Vexatious Litigations Are Not Allowed To Consume Its Time

Feb 26, 2021 sclaw

“In any case, an application under Order VII Rule 11 of the CPC for rejection of the plaint requires a meaningful reading of the plaint as a whole. As…

C P C

Consent decree – Estoppel – It is well settled that consent decrees are intended to create estoppels by judgment against the parties, thereby putting an end to further litigation between the parties – A consent decree would not serve as an estoppel, where the compromise was vitiated by fraud, misrepresentation, or mistake

Feb 24, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH COMPACK ENTERPRISES INDIA PRIVATE LIMITED — Appellant Vs. BEANT SINGH — Respondent ( Before : Mohan M. Shantanagoudar and Vineet Saran, JJ. ) SLP…

C P C

(CPC) – Section 89 – Tamil Nadu Court Fees and Suit Valuation Act, 1955 – Section 69A – Refund of Court fees – Settlement of disputes outside the Court – Parties who have agreed to settle their disputes without requiring judicial intervention under Section 89, CPC are even more deserving of this benefit.

Feb 23, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE HIGH COURT OF JUDICATURE AT MADRAS REP. BY ITS REGISTRAR GENERAL — Appellant Vs. M.C. SUBRAMANIAM AND OTHERS — Respondent ( Before :…

C P C

(CPC) – Orders 21 Rule 92 and Orders 21 Rule 94 – Once the sale is confirmed and the sale certificate has been issued in favour of the purchaser, the same shall become final.Appeal against the decree passed with the consent of the parties shall be barred.No suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful.

Feb 21, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH H.S. GOUTHAM — Appellant Vs. RAMA MURTHY AND ANOTHER ETC — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ.…

C P C

(CPC) – Order 20 – Timeline for pronouncement of judgment – Order 20 of the CPC does not apply to the High Court

Feb 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SJVNL — Appellant Vs. M/S CCC HIM JV AND ANOTHER — Respondent ( Before : Rohinton Fali Nariman and B.R. Gavai, JJ. ) Civil…

C P C

Suit for injunction – Trespasser, who is in established possession of the property could obtain injunction – – rightful owner does not come forward and assert his title by the process of law within the period prescribed by the provisions of Limitation applicable to the case, his right is for ever extinguished and the possessory owner acquires an absolute title.

Feb 9, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH A. SUBRAMANIAN AND ANOTHER — Appellant Vs. R. PANNERSELVAM — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ. )…

C P C

Mutation Entries Do Not By Themselves Confer Title

Jan 27, 2021 sclaw

It is well settled that mutation entries do not by themselves confer title which has to be established independently in a declaratory suit, There are many Apex Court judgments which…

C P C

‘Bordering On Professional Misconduct’: Supreme Court To Proceed Against A Lawyer For Speculating About Outcome Of A Pending Appeal

Jan 24, 2021 sclaw

“Be that as it may, during the pendency of the stated suit for declaration and for direction to handover custody of the minor child, an application had been moved by…

C P C

Whether the acceptance of a conditional offer with a further condition results in a concluded contract, irrespective of whether the offerer accepts the further condition proposed by the acceptor, Held, Acceptance of a conditional offer with a further condition does not result in a concluded Contract.

Jan 17, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S. PADIA TIMBER COMPANY(P) LIMITED — Appellant Vs. THE BOARD OF TRUSTEES OF VISAKHAPATNAM PORT TRUST THROUGH ITS SECRETARY — Respondent ( Before :…

C P C

(CPC) – Or 47 R 1 and S 114 – Review – Powers of review cannot be exercised as an inherent power nor can an appellate power can be exercised in the guise of power of review –

Nov 7, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHRI RAM SAHU (DEAD) THROUGH LRS. AND OTHERS — Appellant Vs. VINOD KUMAR RAWAT AND OTHERS — Respondent ( Before : Ashok Bhushan and…

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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

Category: C P C

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