C P C Archives - Page 30 of 51 - Supreme Court of India Judgements

March 9, 2025 8:33 pm

Auction Sale—Deposit of Bid amount—An amount of bid in which the decree holder is a purchaser can be set off—In present case, respondent-corporation is not only auction purchaser but also decree holder, there is no question of deposit of the auction amount as there was no other prospective buyer to offence bid.

Feb 16, 2019 sclaw

2018(4) Law Herald (SC) 3195 : 2018 LawHerald.Org 1928 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Civil Appeal No. 9651…

C P C

Exparte decree—Setting aside of—Delay of about 4 years in filing application condoned—Keeping in view that appellant did not follow up the matter due to pendency of the appeal. in High Court against the grant of interim injunction

Feb 15, 2019 sclaw

2018(4) Law Herald (SC) 3183 : 2018 LawHerald.Org 1926 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Ms. Justice Indira Banerjee Civil Appeal No. 9156…

C P C

Civil Procedure Code, 1908, Order 39 Rules 1 and 2 read with Section 151–Trade Marks Act, 1999–Temporary injunction–Temporary injunction restraining the respondents, their officers, etc. from using ‘Skyline’ as a part of their trademark in relation to their activities in the field of education–No similarity in the name of two parties–Appellant using the name ‘skyline’ as a prefix with the institute of technology and engineering and the respondent using ‘skyline business school’–A student would not get any deception by both names–

Feb 11, 2019 sclaw

2010(1) LAW HERALD (SC) 285 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice G.S. Singhvi The Hon’ble Mr. Justice B.S. Chauhan…

C P C

“Under Section 38 of the Specific Relief Act, 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 possession of the suit property on the date of filing of the suit.”

Feb 11, 2019 sclaw

“Under Section 38 of the Specific Relief Act, an injunction restraining the defendant from disturbing possession may not be granted in favour of the plaintiff unless he proves that he…

C P C

Lok Adalat–No party can be punished for failure to reach a settlement before Lok Adalat. Adjournment–When a counsel who is ready in the pre-lunch session, seeks accommodation in the post lunch session on ground of a sudden illness or physical ailment, Court cannot refuse a short accommodation.

Feb 9, 2019 sclaw

2009(1) LAW HERALD (SC) 372 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 7282 of 2008…

C P C

Amendment of Plaint—Liberal Approach—Courts should be liberal in allowing amendment where the suit is still at initial stage

Feb 3, 2019 sclaw

(2018) AIR(SCW) 685 : (2018) AIR(SC) 685 : (2018) 2 ALT 1 : (2018) 2 AndhLD 58 : (2018) 2 BCR 263 : (2018) 1 JT 500 : (2018) 1…

C P C

Second Appeal–Although High Court has jurisdiction to formulate a substantial question of law at a subsequent stage but it should not be done without assigning any reason and without giving a reasonable opportunity of hearing to the respondents.

Feb 3, 2019 sclaw

2009(1) LAW HERALD (SC) 342 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. 7346 of 2008…

C P C

Possession–Plaintiff filed suit for possession on basis of title–Plaintiff has to prove his title–Weakness of the defence or the failure of the defendants to establish the title set up by them, would not enable the plaintiff to a decree–Appeal dismissed

Jan 28, 2019 sclaw

2009(1) LAW HERALD (SC) 340 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. 6570 of 2008…

C P C

Decree against dead person–Death of defendant pending appeal–An application made for substitution of legal representatives, but no order passed by Court through inadvertence–Decree drawn against dead defendant–Decree executable against legal representatives–It was essentially a technical error–Held, act of court should do no harm to a litigant– Civil Procedure Code, 1908, Section 47–Civil Procedure Code, 1908, Order 23 Rule 2.

Jan 26, 2019 sclaw

2009(1) LAW HERALD (SC) 309 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Markandey Katju Civil Appeal Nos. 6850-6851 of 2008…

C P C

Written Statement–Acceptance of–Trial Court can accept written statement after 90 days.

Jan 26, 2019 sclaw

2009(1) LAW HERALD (SC) 305 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Mukundakam Sharma Civil Appeal No. 6731 of 2008…

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Consumer Limitation

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

Mar 3, 2025 sclaw

C P C

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.

Feb 16, 2025 sclaw

Stamp Act State Laws

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).

Feb 16, 2025 sclaw

Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

Feb 9, 2025 sclaw

Category: C P C

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