C P C Archives - Page 3 of 50 - Supreme Court of India Judgements

January 22, 2025 9:52 am

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,…

C P C

Execution of decree – All questions between the parties can be decided by the executing court – But the important aspect to remember is that these questions are limited to the “execution of the decree” – Executing court can never go behind the decree – Under Section 47, CPC the executing court cannot examine the validity of the order of the court which had allowed the execution of the decree in 2013, unless the court’s order is itself without jurisdiction.

Nov 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRADEEP MEHRA — Appellant Vs. HARIJIVAN J. JETHWA (SINCE DECEASED THR. LRS.) AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and Sudhanshu…

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C P C

High Court cannot pass an interim order in a second appeal under Section 100 of the CPC without first formulating a substantial question of law

Jan 19, 2025 sclaw

Specific Relief Act

When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment

Jan 19, 2025 sclaw

Service

Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list

Jan 17, 2025 sclaw

Arbitration

A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

Jan 12, 2025 sclaw

Category: C P C

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