C P C Archives - Page 26 of 51 - Supreme Court of India Judgements

May 10, 2025 7:23 am

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…

C P C

Execution of Decree—Doctrine of Merger—Once the Appellate Court renders its judgment, it is the decree of the Appellate Court which becomes executable—Hence, the entitlement of the decree holder to execute the decree of the Appellate Court cannot be defeated

Aug 23, 2019 sclaw

2019(3) Law Herald (SC) 1834 : 2019 LawHerald.Org 1225 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr Dhananjaya Y Chandrachud Hon’ble Mrs. Justice Indira Banerjee Civil Appeal…

C P C

Amendment of Pleadings—It is not permissible to allow withdrawal of stand taken earlier in the plaint and it is also not permissible to change nature of suit by an application under 0.6 R.17CPC

Aug 13, 2019 sclaw

2019(2) Law Herald (P&H) 942 (SC) : 2019 LawHerald.Org 706 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Civil Appeal…

C P C

Appeal—Dismissal in Default–Against an order of refusal readmitting the appeal which was dismissed in default appeal lies under 0.43 R.l(t) of CPC—Writ petition under Art.227 is not maintainable against such orders

Aug 13, 2019 sclaw

2019(2) Law Herald (P&H) 929 (SC) : 2019 LawHerald.Org 721 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Civil Appeal…

C P C

Civil Procedure Code, 1908 (CPC) – Sections 2(2), 11, 96, Order 41 Rule 22 and Order 41 Rule 33 – Res judicata-Decree is of dismissal of the suit, whereas, the reasons for passing such decree is judgment as defined in Section 2(9) of the Code. In terms of Section 11 read with Explanation I, the issue in a former suit will operate as res judicata only if such issue is raised in a subsequent suit. Since, the issue of title has not attained finality, therefore, it is not a former suit to which there can be any application of Section 11

Aug 12, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF ANDHRA PRADESH AND OTHERS — Appellant Vs. B. RANGA REDDY (D) BY LRS AND OTHERS — Respondent ( Before : L. Nageswara…

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Service

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

May 6, 2025 sclaw

I B C

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

May 6, 2025 sclaw

Cr P C

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

May 5, 2025 sclaw

Cr P C

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

May 5, 2025 sclaw

Category: C P C

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