C P C Archives - Page 29 of 51 - Supreme Court of India Judgements

April 27, 2025 2:04 am

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.…

C P C

Second Appeal—Casual approach of the High Court in disposing of the second appeal which does not decide or deals with any issue(s) arising in the case, cannot be countenanced—Case remanded back to be decided afresh

Mar 23, 2019 sclaw

2019(1) Law Herald (SC) 627 : 2019 LawHerald.Org 607 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abahy Manohar Sapre Hon’ble Ms. Justice Indu Malhotra Civil Appeal No.…

C P C

Indigent Person—Dismissal of application made under O.33 R.I 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 O.44 R.I CPC before the Appellate Court.

Mar 23, 2019 sclaw

2019(1) Law Herald (SC) 621 : 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 No.ll7of2019…

C P C

Injunction—Writ Petition under Article 227 challenging the orders passed by Civil Courts refusing to grant interim injunction under Order 39, Rules 1 and 2 of the CPC is very well maintainable.

Mar 21, 2019 sclaw

2019(1) Law Herald (SC) 600 : (2019) AIR(SC) 231 : (2019) 1 Scale 140 2019 LawHerald.Org 621 IN THE SUPREME COURT OF INDIA Before Hon’ble Ms. Justice Indu Malhotra Hon’ble…

C P C

Amendment of pleadings–Cannot be directed to be amended after the hearing of a case begins. Commencement of proceeding–Filing of an affidavit in lieu of examination in chief of the witness, would amount to `commencement of proceeding’.

Mar 5, 2019 sclaw

2009(1) LAW HERALD (SC) 540 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7251 Of 2008…

C P C

Civil Procedure Code, 1908, S.96-Appeal–Withdrawal of Appeal- Dismissal of appeal “as not pressed”–If the appellant is a juristic entity created under the Act, Appellant Court have to ensure strict compliance of the relevant provisions of the Act under which they have are created coupled with ensuring compliance of relevant provisions of the Code of Civil Procedure for forgoing their right to prosecute the appeal on merits

Mar 3, 2019 sclaw

2019(1) Law Herald (SC) 444 : 2018 LawHerald.Org 2128 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Abhay Manohar Sapre Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal No.…

C P C

Undue Influence—Merely because the parties are related to each other or merely because the executant was old or of weak character, no presumption of undue influence can arise Redemption of Mortgage—High Court has passed a decree for redemption of mortgage simpliciter without following the provisions of CPC—Impugned order set aside

Mar 3, 2019 sclaw

2019(1) Law Herald (SC) 147 : 2018 LawHerald.Org 2053 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Civil Appeal No. 1007…

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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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