Supreme Court of India Judgements

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Category: C P C

C P C

Civil Procedure Code, 1908 – Section 47 – Partnership Act, 1932 – Section 42(c) – Respondents were not parties to the partnership deed and that the partnership stands dissolved, in view of death of one of the partners, the respondents have not derived the benefit of assets of the partnership firm, the decree obtained by the predecessor of the appellants, is not executable against the respondents

Oct 19, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH S.P. MISRA AND OTHERS — Appellant Vs. MOHD. LAIQUDDIN KHAN AND ANOTHER — Respondent ( Before : Indu Malhotra and R. Subhash Reddy, JJ.…

C P C

Civil Procedure Code, 1908 (CPC) – Order 1 Rule 10 and Order 12 Rule 10 – Transfer of Property Act, 1882 – Section 52- It is well settled law that mere non-mentioning of an incorrect provision is not fatal to the application if the power to pass such an order is available with the court.

Oct 8, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  PRUTHVIRAJSINH NODHUBHA JADEJA (D) BY LRS. — Appellant Vs. JAYESHKUMAR CHHAKADDAS SHAH AND OTHERS — Respondent ( Before : Deepak Gupta and Aniruddha Bose,…

C P C

Commercial Courts Act, 2015 – Section 2(1)(c)(vii) – Civil Procedure Code, 1908 (CPC) – Order 7 Rule 10 – Return of plaint-A dispute relating to immovable property per se may not be a commercial dispute. But it becomes a commercial dispute, if it falls under sub-clause (vii) of Section 2(1)(c) of the Act viz. “the agreements relating to immovable property used exclusively in trade or commerce”. The words “used exclusively in trade or commerce” are to be interpreted purposefully. The word “used” denotes “actually used” and it cannot be either “ready for use” or “likely to be used” or “to be used”. It should be “actually used”. Such a wide interpretation would defeat the objects of the Act and the fast tracking procedure

Oct 8, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  AMBALAL SARABHAI ENTERPRISES LTD. — Appellant Vs. K.S. INFRASPACE LLP AND ANOTHER — Respondent ( Before : A.S. Bopanna and R. Banumathi, JJ. )…

C P C

Civil Procedure Code, 1908 (CPC) – Section 9A (inserted by the Maharashtra Amendment Act, 1977) – word “jurisdiction” – include the issue of limitation as the expression has been used in the broader sense and is not restricted to conventional definition under pecuniary or territorial jurisdiction

Oct 4, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH  NUSLI NEVILLE WADIA — Appellant Vs. IVORY PROPERTIES AND OTHERS — Respondent ( Before : Arun Mishra, M.R. Shah and B.R. Gavai, JJ. )…

C P C

Civil Procedure Code, 1908 (CPC) – Order 22 – Mutawalliship – The word “putro” means son and grandson. In reading and interpreting the term “putro poutradi krome”, the meaning of the individual words must also be considered and accounted for. A combined reading of these terms lends support to the view that “putro poutradi krome” means son and grandson, generation after generation, and therefore does not include any female descendants

Sep 29, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH  SYEDA NAZIRA KHATOON (D) BY LR. — Appellant Vs. SYED ZAHIRUDDIN AHMED BAGHDADI AND OTHERS — Respondent ( Before : N.V. Ramana, Mohan M.…

C P C

Civil Procedure Code, 1908, O.21 R. 101-Execution of Decree-Possession was with person other than judgment debtor who was dispossessed—Claim for possession before executing court-Held;Execution of Decree—In an application under O.21 R.89,100 and 101 CPC executing Court has to decide all the issues including the question relating to right, title or interest in property objections for which were raised by third party

Sep 15, 2019 sclaw

2019(3) Law Herald (SC) 1973 : 2019 LawHerald.Org 1245 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice Navin Sinha Civil Appeal No. 5632…

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I P C

Defamation — Imputation in Good Faith for Protection of Interests — Exception 9 to S. 499 IPC engrafts the principle of qualified privilege, stating it is not defamation to make an imputation on the character of another, provided it is made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good

Apr 20, 2025 sclaw
Corporate

ESI – The definition of ‘principal employer’ under Section 2(17) is wide and includes not only the owner or occupier of a factory (or head of department in government establishments) but also the managing agent or any person responsible for the supervision and control of the establishment — Designation is immaterial if the person functions as a managing agent or supervises/controls the establishment

Apr 20, 2025 sclaw
Anticipatory Bail

Habitual Offender/Criminal Antecedents — Consideration of Nature of Current Offence — While the criminal antecedents and alleged status of an accused as a habitual offender are extremely relevant factors that ordinarily weigh against the grant of anticipatory bail, the High Court’s discretion in granting such bail may not warrant interference

Apr 20, 2025 sclaw
Circumstantial Evidence I P C

Murder (Filicide) vs. Suicide — In cases based on circumstantial evidence where the question is whether the death was homicidal (filicide) or suicidal, the prosecution must establish a complete chain of circumstances that points exclusively to the guilt of the accused and is inconsistent with any hypothesis of innocence

Apr 20, 2025 sclaw