Supreme Court of India Judgements

46400 Judgements hosted as on 14/04/2024 - Search (FREE), Subscribe, Read & Download

Category: C P C

C P C

Valuation for the purpose of jurisdiction of suit – Once the plaintiff exercises his option and values his claim for the purpose of court fees, that determines the value for jurisdiction – Value for court fees and the value for jurisdiction must no doubt be the same in such cases; but it is the value for court fees stated by the plaintiff that is of primary importance.

Jul 31, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH B.P. NAAGAR AND OTHERS — Appellant Vs. RAJ PAL SHARMA — Respondent ( Before : C.T. Ravikumar and Sudhanshu Dhulia, JJ. ) Civil Appeal…

C P C

Suit for partition – A simple suit for partition cannot be binding on third parties – No party to a suit for partition, even by way of compromise, can acquire any title to any specific item of property or any particular portion of a specific property, if such a compromise is struck only with a few parties to the suit.

Jul 11, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S TRINITY INFRAVENTURES LTD. & ORS. ETC. — Appellant Vs. M.S. MURTHY & ORS. ETC. — Respondent ( Before : V. Ramasubramanian and Pankaj…

C P C

A simple suit for partition cannot be binding on third parties – No party to a suit for partition, even by way of compromise, can acquire any title to any specific item of property or any particular portion of a specific property, if such a compromise is struck only with a few parties to the suit – Allegations of fraud require special pleadings in terms of Order 6 Rule 4 CPC.

Jun 20, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S TRINITY INFRAVENTURES LTD. & ORS. ETC. — Appellant Vs. M.S. MURTHY & ORS. ETC. — Respondent ( Before : V. Ramasubramanian and Pankaj…

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Arbitration Constitution

Arbitration and Conciliation Act 1996 – Sections 34 and 37 – Curative petition – The Court found that the arbitral tribunal’s decision was not perverse or irrational and that the CMRS certificate did not conclusively prove that defects were cured within the cure period – The Court emphasized the tribunal’s domain to interpret the contract and the limited scope of judicial interference in arbitral awards – The Supreme Court concluded that the curative petition was maintainable and that there was no miscarriage of justice in restoring the arbitral award.

Apr 14, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.

Apr 14, 2024 sclaw
I P C

Penal Code, 1860 (IPC) – Section 302 – Murder – Dispute over a blocked pathway – The Court found no evidence of provocation by the deceased that would justify the appellants’ brutal attack, nor any exercise of the right to private defence – The Court applied principles from previous judgments to determine the lack of private defence and the presence of intention to cause harm – The Supreme Court concluded that the appellants’ actions were not in self-defence and that their intention was to inflict harm, affirming the lower courts’ decisions.

Apr 14, 2024 sclaw
Consumer

Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.

Apr 14, 2024 sclaw