C P C Archives - Page 27 of 51 - Supreme Court of India Judgements

April 27, 2025 5:16 pm

Indigent Person—Dismissal of application made under 0.33 R. l CPC by the Trial Court in the earlier round of litigation is not a bar against the plaintiff to file an application/appeal as an indigent person under 0.44 R.l CPC before the Appellate Court.

Jul 21, 2019 sclaw

2019(1) Law Herald (P&H) 850 (SC) : 2019 LawHerald.Org 606 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Ms. Justice Indu Malhotra Civil Appeal…

C P C

V IMP::: Condonation of Delay in filing appeal—Sufficient Cause– Time spent in the proceedings to set aside the exparte decree constitute “sufficient cause”so as to condone the delay in preferring an appeal against the exparte decree on merits

Jul 14, 2019 sclaw

2019(2) Law Herald (SC) 1724 : 2019 LawHerald.Org 1031 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice R. Subhash Reddy Civil Appeal No.…

C P C

Commercial Courts—Written Statement—In a suit for recovery under Commercial Courts Act written statement has to be filed within 120 days of service of summons—Such a period cannot be extended even by recourse to inherent power under S. 151 CPC

Jun 29, 2019 sclaw

(2019) 2 ALT 48 : (2019) 2 CTC 294 : (2019) 2 KerLJ 343 : (2019) 2 KHC 97 : (2019) 2 RCR(Civil) 249 : (2019) 4 Scale 574:2019(2) Law…

C P C

Second Appeal—Disposal of the second appeal by the High Court by answering the question(s) which was/were not framed either at the time of admission of the second appeal or framed without ensuring compliance of the mandatory procedure is not legally sustainable

Jun 9, 2019 sclaw

2019(2) Law Herald (SC) 1341 : 2019 LawHerald.Org 928: (2019) 3 JT 310 : (2019) 5 Scale 30 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar…

C P C

IMP::: Review Petition—Dismissal of SLP by Supreme Court in limine without giving any reasons it does not attract the doctrine of merger—Review petition filed by the appellant in the High Court would be maintainable and should have been decided on merits

Jun 9, 2019 sclaw

2019(2) Law Herald (SC) 1306 : 2019 LawHerald.Org 924: (2019) 4 SCALE 113 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice S. Abdul…

C P C

Transposing of defendants as plaintiffs—Basic requirement for exercise of powers under Order 23 Rule 1-A CPC would be to examine if the plaintiff is seeking to withdraw or to abandon his claim and the defendant seeking transposition is having an interest in the subject-matter of the suit and thereby, a substantial question to be adjudicated against the other defendant

May 12, 2019 sclaw

2019(2) Law Herald (SC) 1083 : 2019 LawHerald.Org 823 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Uday Umesh Lalit Hon’ble Mr. Justice Dinesh Maheshwari Civil Appeal No.…

C P C

Un necessary Amendment—Amendment was sought belatedly when suit was fixed for final arguments—Further, suit could still be decided even without there being any necessity to seek any amendment in the plaint—Application for amendment of plaint held to be rightly dismissed by Trial Court.

May 5, 2019 sclaw

2019(2) Law Herald (SC) 1027 : 2019 LawHerald.Org 838 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

Specific Relief Act, 1963, S.34-Suit for declaration-Public Temple or Private Temple-Mahant of temple/Dera–The onus of proving that the appellant-Shri Ram Mandir falls within the description of private temple is on the appellant who is asserting that the temple is a private temple and that he is the Mahant of the temple

Apr 30, 2019 sclaw

2019(2) Law Herald (SC) 994 : 2019 LawHerald.Org 780 IN THE SUPREME COURT OF INDIA Before Hontile Mrs. Justice R. Banumathi Hon’ble Mr. Justice R. Subhash Reddy Civil Appeal No.…

C P C

Injunction—Remand of Case—When the plaintiff’s injunction application stood dismissed by the Trial Court and the same was not carried in appeal at his instance, the same could not have been revived by the High Court in a writ petition filed by the plaintiff against the order of appellate court in favour of defendant

Apr 29, 2019 sclaw

2019(2) Law Herald (SC) 969 : 2019 LawHerald.Org 777 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

Execution of Decree—Protection of Possession—Appellants, even though they are strangers to the decree, are entitled to get their claim to remain in possession of the property independent of the decree, adjudicated in course of execution proceedings and not by a separate suit Resjudicata—Failure of the parties to raise a matter, which “might and ought” to have been made in a former suit, cannot be raised in a latter suit

Apr 21, 2019 sclaw

2019(2) Law Herald (SC) 884 : 2019 LawHerald.Org 726 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil Appeal…

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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

Category: C P C

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