C P C Archives - Page 25 of 51 - Supreme Court of India Judgements

March 10, 2025 8:06 pm

Execution of Decree—Consent Order—Order passed on basis of compromise between the parties itself does not amount to a decree—It is necessary for the Court to pass a decree

Sep 15, 2019 sclaw

2019(3) Law Herald (SC) 2041 : 2019 LawHerald.Org 1255 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Civil Appeal No.…

C P C

Summary Suit—Leave to Defend—Mere fact that there may have been commercial relationship between the parties could not per se be the justification for grant of conditional leave without proper consideration of the defence from the materials on record

Sep 15, 2019 sclaw

2019(3) Law Herald (SC) 2036 : 2019 LawHerald.Org 1254 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice Navin Sinha Civil Appeal No(s). 5528…

C P C

Rejection of Plaint—Plaint can either be rejected as a whole or not at all

Sep 15, 2019 sclaw

2019(3) Law Herald (SC) 2012 : 2019 LawHerald.Org 1250 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Ajay Rastogi Civil Appeal No. 5126…

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…

C P C

Agreement to Sell—Subsequent Purchaser cannot be impleaded as defendant in the suit for specific performance of contract between buyer (original Plaintiff) and seller (original defendant) to which the subsequent purchaser was not a party and that to against the wish of the buyer (original Plaintiff)

Sep 15, 2019 sclaw

2019(3) Law Herald (SC) 1966 : 2019 LawHerald.Org 1244 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. D.Y. Chandrachud Hon’ble Mr. Justice M.R. Shah Civil Appeal Nos. 5522-5523…

C P C

Exparte Decree-Specific Performance—After execution of sale deed in suit for specific performance exparte decree set aside—Cause of justice does require that as far as possible, adjudication be done on merits

Sep 15, 2019 sclaw

2019(3) Law Herald (SC) 1958 : 2019 LawHerald.Org 1242 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal No.4507 of…

C P C

Second Appeal—In second appeal, in absence of cross-appeal or cross objections, High Court cannot go beyond the decree passed by Trial Court. Typographical Error—A “Note for speaking to Minutes” is required to be entertained only for the limited purpose of correcting a typographical error or an error through oversight, which may have crept in while transcribing the original order.

Sep 13, 2019 sclaw

2019(1) Law Herald (P&H) 308 (SC) : 2018 LawHerald.Org 2061 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice…

C P C

Execution of Decree—It is not within the jurisdiction of the executing court to decide whether the decree was passed in the absence of territorial jurisdiction by the Civil Court—Executing Court cannot go beyond decree.

Sep 13, 2019 sclaw

2019(1) Law Herald (P&H) 324 (SC) : 2019 LawHerald.Org 508 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr Dhananjaya Y Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil…

C P C

Injunction—Disobedience of Injunction—Allegation of willful disobedience being in the nature of criminal liability, the same has to be proved to the satisfaction of the court that the disobedience was not mere “disobedience” but a “willful disobedience”

Sep 12, 2019 sclaw

2019(3) Law Herald (SC) 1905 : 2019 LawHerald.Org 1229 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice A.S. Bopanna Civil Appeal No (S).…

C P C

Vakaltnama-No written vakalatnama in favour of counsel by one of he parties the represented in appeal—Not a fatal defect where other co-defendants had approved and certified the engagement of said counsel

Aug 23, 2019 sclaw

2019(3) Law Herald (SC) 1849 : 2019 LawHerald.Org 1227 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Rohinton Fall Naritnan Hon’ble Mr. Justice Sanjiv Khanna Hon’ble Mr. Justice…

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Consumer Limitation

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

Mar 3, 2025 sclaw

C P C

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Feb 16, 2025 sclaw

Stamp Act State Laws

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Feb 16, 2025 sclaw

Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

Feb 9, 2025 sclaw

Category: C P C

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