C P C Archives - Page 3 of 51 - Supreme Court of India Judgements

Suit for Partition – The supreme court reversed the high court’s decision regarding two properties, and upheld the sale of one property by defendant no. 7 to defendant no. 9 – The Supreme court relied on the 1984 partition deed and the evidence on record.

Mar 8, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SRINIVAS RAGHAVENDRARAO DESAI (DEAD) BY LRS. — Appellant Vs. V. KUMAR VAMANRAO @ ALOK AND OTHERS — Respondent ( Before : C.T. Ravikumar and…

C P C Property Matters

Holding that the respondents did not prove the contents of the lease deed by summoning the record from the Gram Panchayat, and that the suit for injunction was not maintainable without proving the title or legality of possession of the land.

Mar 3, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE TEHSILDAR, URBAN IMPROVEMENT TRUST AND ANOTHER — Appellant Vs. GANGA BAI MENARIYA (DEAD) THROUGH LRS. AND OTHER — Respondent ( Before : Vikram…

C P C

Civil Procedure Code, 1908 (CPC) – Order 8 Rule 10 – Failure to file written statement – Provision of Rule 10 of Order VIII, CPC is by no means mandatory in the sense that a court has no alternative but to pass a judgment in favour of the plaintiff – Since facts are required to be pleaded in a plaint and not the evidence, which can be adduced in course of examination of witnesses, mere failure or neglect of a defendant to file a written statement controverting the pleaded facts in the plaint, in all cases, may not entitle him to a judgment in his favour unless by adducing evidence he proves his case/claim.

Jan 14, 2024 sclaw

SUPREME COURT OF INDIA FULL BENCH ASMA LATEEF AND ANOTHER — Appellant Vs. SHABBIR AHMAD AND OTHERS — Respondent ( Before : B.R. Gavai, Dipankar Datta and Aravind Kumar, JJ.…

C P C

Revision Petition Under S.115 CPC Not Maintainable Against Refusal To Set Aside Ex-Parte Decree Under Order IX Rule 13

Dec 17, 2023 sclaw

“When an application or petition filed under Order IX Rule 13 CPC is dismissed, the defendant can avail a remedy by preferring an appeal in terms of Order XLIII Rule…

C P C

Documents Can Be Produced During Cross-Examination In Civil Trial To Confront Party To Suit Or Witness

Dec 17, 2023 sclaw

The freedom to produce documents for either of the two purposes i.e. cross examination of witnesses and/or refreshing the memory would serve its purposes for parties to the suit as…

C P C

Rejection of plaint – Suit for possession and suit for claiming damages for use and occupation of the property are two different causes of action – There being different consideration for adjudication second suit filed by the respondent claiming damages for use and occupation of the premises was maintainable

Dec 6, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S BHARAT PETROLEUM CORPORATION LTD. AND ANOTHER — Appellant Vs. ATM CONSTRUCTIONS PVT. LTD. — Respondent ( Before : Vikram Nath and Rajesh Bindal,…

C P C

Rejection of Plaint – No amount of evidence or merits of the controversy can be examined at the stage of decision of the application under Order VII Rule 11 C.P.C

Dec 6, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ELDECO HOUSING AND INDUSTRIES LIMITED — Appellant Vs. ASHOK VIDYARTHI AND OTHERS — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. )…

C P C Property Matters

Partition Suit – In case any property in possession of any of the co-sharers comes to his share it can very well be protected – Demolition of the already constructed buildings may not be in the interest of any of the parties as the same can be considered at the time of passing of final decree, with reference to the construction, authorised by the local authority.

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S MULTICON BUILDERS — Appellant Vs. SUMANDEVI AND OTHERS — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. ) Civil Appeal No.…

C P C

Civil Procedure Code, 1908 (CPC) – Section 114 read with Order 47 – Review of judgment – Any passing reference of the impugned judgment made by the Bench of the equal strength could not be a ground for review

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SANJAY KUMAR AGARWAL AND OTHERS — Appellant Vs. STATE TAX OFFICER (1) AND ANOTHER — Respondent ( Before : A.S. Bopanna and Bela M.…

C P C

Civil Procedure Code, 1908 (CPC) – Order 7 Rule 11 – Rejection of plaint – A plaint cannot be rejected in part

Nov 11, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KUM. GEETHA, D/O LATE KRISHNA AND OTHERS — Appellant Vs. NANJUNDASWAMY AND OTHERS — Respondent ( Before : Pamidighantam Sri Narasimha and Sudhanshu Dhulia,…

Suit for Partition – The supreme court reversed the high court’s decision regarding two properties, and upheld the sale of one property by defendant no. 7 to defendant no. 9 – The Supreme court relied on the 1984 partition deed and the evidence on record.

Holding that the respondents did not prove the contents of the lease deed by summoning the record from the Gram Panchayat, and that the suit for injunction was not maintainable without proving the title or legality of possession of the land.

Revision Petition Under S.115 CPC Not Maintainable Against Refusal To Set Aside Ex-Parte Decree Under Order IX Rule 13

Documents Can Be Produced During Cross-Examination In Civil Trial To Confront Party To Suit Or Witness

Rejection of Plaint – No amount of evidence or merits of the controversy can be examined at the stage of decision of the application under Order VII Rule 11 C.P.C

Civil Procedure Code, 1908 (CPC) – Section 114 read with Order 47 – Review of judgment – Any passing reference of the impugned judgment made by the Bench of the equal strength could not be a ground for review

Civil Procedure Code, 1908 (CPC) – Order 7 Rule 11 – Rejection of plaint – A plaint cannot be rejected in part

You missed

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

In child custody cases, the lawpoint is that the welfare of the minor child is the paramount consideration, and a Habeas Corpus writ petition is maintainable only when the child’s detention is proven illegal or without legal authority

Supreme Court of India Judgements

Category: C P C

You missed