Supreme Court of India Judgements

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Category: C P C

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…

C P C

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 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…

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G S T

Central Goods and Services Tax Act, 2017 — Section 129 — Detention, seizure and release of goods and conveyances in transit — Show cause notice — Payment of penalty — Obligation to pass final order — Where a show cause notice is issued under Section 129(3) of the CGST Act and the taxable person files objections against the proposed levy, the proper officer is duty-bound to pass a reasoned, speaking order under Section 129(3), even if the penalty is paid. Such an order is crucial for enabling the taxpayer to exercise their statutory right of appeal under Section 107 of the CGST Act.

Jul 27, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 174 — Inquiry by Police into cause of unnatural death — Requirement of fair and impartial investigation — Evidence considered — Inconsistencies in CCTV footage, suspicious medical findings, and failure to preserve crucial forensic evidence indicated failures in local investigation.

Jul 27, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 — Section 156(3) — FIR Registration — Application to Magistrate without approaching Police/SP — While a Magistrate ought not ordinarily entertain an application under Section 156(3) CrPC directly without the informant having availed and exhausted remedies under Section 154(3) CrPC, the Magistrate is competent to direct FIR registration if allegations disclose cognizable offence — Such an order is not without jurisdiction and not vitiated on this count, but it is a procedural irregularity.

Jul 27, 2025 sclaw
Constitution

Constitution of India, 1950 — Article 170(3) — Proviso — Readjustment of seats in Legislative Assemblies — Constitutional bar on readjustment of seats in State Legislative Assemblies until publication of census data after 2026 — Andhra Pradesh Reorganisation Act, 2014, Section 26 — Increase in seats subject to Article 170(3) — Petitioners’ claim for delimitation in Andhra Pradesh and Telangana dismissed as it contravened constitutional mandate.

Jul 27, 2025 sclaw