Supreme Court of India Judgements

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Category: C P C

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

Civil Procedure Code, 1908 (CPC) – Sections 96 and 100 – Transfer of Property Act, 1882 – Section 52 – Right to property – Second Appeal – Appellants were not the parties to the suit nor in the regular appeal – High Court has held that insofar as the locus of the appellants, they being third parties had no right to challenge the judgment and order passed by the Lower Appellate Court HELDSubstantial questions raised have not been appropriately dealt with and answered the matter would require reconsideration by the High Court – Appeal disposed of.

Jan 14, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH GAJARABA BHIKHUBHA VADHER AND OTHERS — Appellant Vs. SUMARA UMAR AMAD (DEAD) THRU LEGAL HEIRS AND OTHERS — Respondent ( Before : R. Banumathi,…

C P C

Civil Procedure Code, 1908 (CPC) – Order 39 – Temporary injunction – Jurisdiction – Under Order 39 of the Code of Civil Procedure, jurisdiction of the Court to interfere – Since the relief is wholly equitable in nature, the party invoking the jurisdiction of the Court has to show that he himself was not at fault and that he himself was not responsible for bringing about the state of things complained of and that he was not unfair or inequitable in his dealings with the party against whom he was seeking relief. His conduct should be fair and honest

Jan 6, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AMBALAL SARABHAI ENTERPRISE LIMITED — Appellant Vs. KS INFRASPACE LLP LIMITED AND ANOTHER — Respondent ( Before : Ashok Bhushan and Navin Sinha, JJ.…

C P C

INJUNCTION – The division bench held that there is no documentary evidence to prima facie show that the Appellant – Developer is in physical possession of the suit property. Furthermore, the issue whether the Appellant – Developer has paid part consideration for the entire suit property was required to be determined in the trial. The division bench took the view that the Appellant – Developer had not made out a prima facie case for grant of Temporary Injunction. The Respondents being the lawful owners of the suit property, granting such an injunction would cause irreparable loss and hardship to them.

Dec 25, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH SAKETA VAKSANA LLP AND ANOTHER — Appellant Vs. KAUKUTLA SARALA AND OTHERS — Respondent ( Before : Uday Umesh Lalit, Indu Malhotra and Krishna…

C P C

Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertaking Act, 1993 – Section 3 read with Section 4 – Civil Procedure Code, 1908 (CPC) – Order 7 Rule 6 – Claim for interest – Exemption – Proviso of Order VII Rule 6, which has been added by Act 104 of 1976, which provided that the Court may permit the plaintiff to claim exemption from the law of limitation on any ground not set out in the plaint, if such ground is not inconsistent with the grounds set out in the plaint

Dec 22, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S SHANTI CONDUCTORS (P) LTD. — Appellant Vs. ASSAM STATE ELECTRICITY BOARD AND OTHERS — Respondent ( Before : Ashok Bhushan, S. Abdul Nazeer…

C P C

Second Appeal Cannot Be Dismissed On Merits When Appellant Is Unrepresented HELD Explanation to subrule (1) of Rule 17 of Order 41 CPC The reason for introduction of such an Explanation is due to the fact that it gives an opportunity to the appellant to convince the appellate court that there was sufficient cause for nonappearance. Such an opportunity is lost, if the courts decide the appeal on merits in absence of the counsel for the appellant.

Dec 14, 2019 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH SRI PRABODH CH. DAS AND ANOTHER — Appellant Vs. MAHAMAYA DAS AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Sanjiv…

C P C

Civil Procedure Code, 1908 (CPC) – Order 41 Rule 5 – Section 96 and Order 41 – Determination – Recovery of loss – A chart showing the original price as against the resale price, thereby projecting the net loss suffered by the appellant, the correctness of the same cannot be adjudicated in a proceeding of the present nature arising out of a writ proceeding – The matter being contractual and also requiring factual determination

Nov 28, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH ODISHA FOREST DEVELOPMENT CORPORATION — Appellant Vs. M/S ANUPAM TRADERS AND ANOTHER — Respondent ( Before : R. Banumathi, A.S. Bopanna and Hrishikesh Roy,…

C P C

Right To File Regular Appeal Cannot Be Curtailed Merely Because Application To Set Aside Ex-Parte Decree Was Dismissed. heldBut where the defendant has been pursuing the remedy bona fide under Order IX Rule 13 CPC, if the court refuses to condone the delay in the time spent in pursuing the remedy under Order IX Rule 13 CPC, the defendant would be deprived of the statutory right of appeal.

Nov 21, 2019 sclaw

Right To File Regular Appeal Cannot Be Curtailed Merely Because Application To Set Aside Ex-Parte Decree Was Dismissed: SC [Read Judgment] BY: ASHOK KINI21 Nov 2019 6:07 PM But where…

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C P C Railways Act

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Cr P C

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