C P C Archives - Page 29 of 52 - Supreme Court of India Judgements

June 23, 2025 1:22 pm

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.…

C P C

Civil Suit – Decree for permanent injunction – Application for re-hearing of the second appeal –It is a settled law that all the contesting parties to the suit must get fair opportunity to contest the suit on merits in accordance with law. A decision rendered by the Courts in an unsatisfactory conducting of the trial of the suit is not legally sustainable. It is regardless of the fact that in whose favour the decision in the trial may go – Appeal allowed.

Mar 31, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJINDER TIWARI — Appellant Vs. KEDAR NATH(DECEASED) THROUGH L.RS. AND OTHER — Respondent ( Before : Abhay Manohar Sapre and Dinesh Maheshwari, JJ. )…

C P C

Civil Procedure Code, 1908 – Section 100 – Second Appeal – High Court has no jurisdiction to allow the second appeal without framing a substantial question of law as provided under Section 100 of the Code–Appeal allowed

Mar 31, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CHAND KAUR (D) THROUGH LRS. — Appellant Vs. MEHAR KAUR (D) THROUGH LRS — Respondent ( Before : Abhay Manohar Sapre and Dinesh Maheshwari,…

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.

Mar 25, 2019 sclaw

2019(1) Law Herald (SC) 259 : 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 Appeal…

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.

Mar 24, 2019 sclaw

2019(1) Law Herald (SC) 230 : 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 M.…

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Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation

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Constitution of India — Article 20(3) — Right Against Self-Incrimination — Constitutional Validity of Narco-Analysis Test — Forced Tests Raise Serious Questions — Involuntary Administration Hit by Article 20(3) – Involuntary Narco-Analysis Test — Contravention of Rights — Results Not ‘Material Evidence’ — Violates ‘Substantive Due Process’ — Breaches Privacy Boundaries.

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Demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989 are valid even if raised after delivery of goods, unlike punitive charges for overloading which must be recovered before delivery.

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High Court’s power under Section 482 CrPC is limited to determining a prima facie case from the FIR, without appreciating defence evidence or conducting a mini-trial.

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Category: C P C

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