Supreme Court of India Judgements

47060 Judgements hosted as on 04/03/2026 - Search (FREE), Subscribe, Read & Download

Category: C P C

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

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

C P C – Or 2, R 2 – Suit to include the whole claim – Plea of Bar – The plea of bar under Or 2, R 2 is a technical plea which has to be pleaded and satisfactorily established. If the plea of bar is not taken, the Court should not suo moto decide the plea. It cannot be raised before Supreme Court if not raised in the High Court.

Sep 19, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH B. SANTOSHAMMA AND ANOTHER — Appellant Vs. D. SARALA AND ANOTHER — Respondent ( Before : Uday Umesh Lalit and Indira Banerjee, JJ.…

C P C

Civil Procedure Code, 1908 – Section 96 – Leave to appeal – It is well settled that a person who is not a party to the suit may prefer an appeal with the leave of the Appellate Court and such leave should be granted if he would be prejudicially affected by the Judgment – Mere saying that the appellants are prejudicially affected by the decree is not sufficient – Appeal dismissed.

Aug 21, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH SRI V.N.KRISHNA MURTHY AND ANOTHER — Appellant Vs. SRI RAVIKUMAR AND OTHERS — Respondent ( Before : L. Nageswara Rao, Krishna Murari and…

C P C

Object of Order VII Rule 11 (a) CPC is that if in a suit, no cause of action is disclosed, or the suit is barred by limitation under Rule 11 (d), the Court would not permit the plaintiff to unnecessarily protract the proceedings in the suit. It states that the plaint “shall” be rejected if any of the grounds specified in clause (a) to (e) are made out. Hence suit filed after 3 years of registered deed is barred under, Art 59 Limitation Act.

Jul 9, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH DAHIBEN — Appellant Vs. ARVINDBHAI KALYANJI BHANUSALI (GAJRA)(D) THR. LRS. AND OTHERS — Respondent ( Before : L. Nageswara Rao and Indu Malhotra,…

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Arbitration

Arbitration and Conciliation Act, 1996 — Section 31(7)(a) — Interest awarded by Arbitral Tribunal — Contractual bar — Where a contract expressly prohibits the award of pre-award and pendente lite interest, an Arbitral Tribunal cannot award such interest, even if termed as compensation, as the arbitrator is bound by the terms of the contract.

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Contract Act, 1872 — Section 133 — Discharge of surety by variance in terms of contract — A variance made without the surety’s consent in the terms of the contract between the principal debtor and the creditor discharges the surety only with respect to transactions occurring subsequent to the variance. The surety remains liable for the original amount guaranteed.

Mar 4, 2026 sclaw