C P C Archives - Page 28 of 51 - Supreme Court of India Judgements

April 27, 2025 9:34 am

Second Appeal—Scope of—While deciding the second appeal, it is not permissible for the High Court to re-appreciate the evidence on record and interfere with the findings recorded by the Courts below and/or the First Appellate Court and if the First Appellate Court has exercised its discretion in a judicial manner Second Appeal—Jurisdiction of the High Court to entertain the second appeal under Section 100 CPC is confined only to such appeals which involve a substantial question of law

Apr 21, 2019 sclaw

2019(1) Law Herald (SC) 835 : 2019 LawHerald.Org 720 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageshwara Rao Hon’ble Mr. Justice M.R. Shah Civil Appeal No.…

C P C

Second Appeal–Suit for injunction and possession–First appellate Court concluded that plaintiff is the owner of property–However, High Court is second appeal overlooked the conclusions of First Appellate Court–Matter remanded to High Court for fresh consideration.

Apr 14, 2019 sclaw

2009(1) LAW HERALD (SC) 631 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Civil Appeal No. 258…

C P C

Civil Procedure Code, 1908 (CPC) – Section 11 – Res judicata contained in Section 11 of the Code, which has also application to the labour/industrial proceedings – State had no jurisdiction to make a reference(s) to the Labour Court under Section 10 of the ID Act to re-examine the question of age reduction made by the appellant(PSU). A fortiori, the Labour Court had no jurisdiction to entertain the reference(s) to adjudicate the question(s) referred in the reference(s).

Apr 14, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CHAIRMAN AND MANAGING DIRECTOR, THE FERTILIZERS AND CHEMICALS TRANVANCORE LTD. AND ANOTHER — Appellant Vs. GENERAL SECRETARY FACT EMPLOYEES ASSOCIATION AND OTHERS — Respondent…

C P C

Appeal—Dismissal in Default—Against an order of refusal readmitting the appeal which was dismissed in default appeal lies under O.43 R.l(t) of CPC—Writ petition under Art.227 is not maintainable against such orders

Apr 9, 2019 sclaw

2019(1) Law Herald (SC) 860 : 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

Territorial .Jurisdiction—Place of Suing—Interpretation of word “portion of the property” in S.17 CPC cannot only be understood in a limited and restrictive sense of being portion of one property situated in jurisdiction of two courts but would include more than one property or properties located at different locations.

Apr 8, 2019 sclaw

2019(1) Law Herald (SC) 804 : 2019 LawHerald.Org 714 IN THE SUPREME COURT OF INDIA Before Honlrie Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal No. 1052…

C P C

Civil Procedure Code, 1908, S.144–Restitution–Restoration of Possession—There was no decree or order of the Trial court by virtue of which the appellant was given possession of the property, nor did any decree or order mandate that the respondent hand over possession to the appellants—In these circumstances, the provisions of Section 144, CPC were not attracted

Apr 8, 2019 sclaw

2019(1) Law Herald (SC) 801 : 2019 LawHerald.Org 713 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

Civil Procedure Code, 1908, S. US-Revision—Interlocutory orders—Revision petitions filed under Section 115 CPC are not maintainable against interlocutory orders-Revisional jurisdiction under Section 115 CPC is to be exercised to correct jurisdictional errors only.

Apr 7, 2019 sclaw

2019(1) Law Herald (SC) 763 : 2019 LawHerald.Org 711 IN THE SUPREME COURT OF INDIA Before HonTile Mr. Justice Rohinton Pali Nariman Hon’ble Mr. Justice Vineet Saran Civil Appeal No.…

C P C

Injunction—Restraining from dispossession—An injunction restraining the defendant from disturbing possession may not be granted in favour of the plaintiff unless he proves that he was in actual and lawful possession of the suit property on the date of filling of the suit

Apr 7, 2019 sclaw

2019(1) Law Herald (SC) 757 : 2019 LawHerald.Org 710 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

Adverse possession – Co‐sharer – It is a settled principle of law that the possession of one co-sharer is possession of all co-sharers, it cannot be adverse to them, unless there is a denial of their right to their knowledge by the person in possession, and exclusion and ouster following thereon for the statutory period. [See Mohammad Baqar and Others vs. Naim-un-Nisa Bibi and Others, AIR 1956 SC 548]

Apr 6, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH T. RAMALINGESWARA RAO (DEAD) THR. LRS. AND ANOTHER — Appellant Vs. N. MADHAVA RAO AND OTHERS — Respondent ( Before : Abhay Manohar Sapre…

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 O.6R.17 CPC

Apr 5, 2019 sclaw

2019(1) Law Herald (SC) 732 : 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 No.…

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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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