C P C Archives - Page 31 of 54 - Supreme Court of India Judgements

March 5, 2026 6:36 pm

Civil Procedure Code, 1908 (CPC) – Section 11 – Res judicata contained in Section 11 of the Code, which has also application to the labour/industrial proceedings – State had no jurisdiction to make a reference(s) to the Labour Court under Section 10 of the ID Act to re-examine the question of age reduction made by the appellant(PSU). A fortiori, the Labour Court had no jurisdiction to entertain the reference(s) to adjudicate the question(s) referred in the reference(s).

Apr 14, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CHAIRMAN AND MANAGING DIRECTOR, THE FERTILIZERS AND CHEMICALS TRANVANCORE LTD. AND ANOTHER — Appellant Vs. GENERAL SECRETARY FACT EMPLOYEES ASSOCIATION AND OTHERS — Respondent…

C P C

Appeal—Dismissal in Default—Against an order of refusal readmitting the appeal which was dismissed in default appeal lies under O.43 R.l(t) of CPC—Writ petition under Art.227 is not maintainable against such orders

Apr 9, 2019 sclaw

2019(1) Law Herald (SC) 860 : 2019 LawHerald.Org 721 IN THE SUPREME COURT OF INDIA Before Hon ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Civil Appeal…

C P C

Territorial .Jurisdiction—Place of Suing—Interpretation of word “portion of the property” in S.17 CPC cannot only be understood in a limited and restrictive sense of being portion of one property situated in jurisdiction of two courts but would include more than one property or properties located at different locations.

Apr 8, 2019 sclaw

2019(1) Law Herald (SC) 804 : 2019 LawHerald.Org 714 IN THE SUPREME COURT OF INDIA Before Honlrie Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal No. 1052…

C P C

Civil Procedure Code, 1908, S.144–Restitution–Restoration of Possession—There was no decree or order of the Trial court by virtue of which the appellant was given possession of the property, nor did any decree or order mandate that the respondent hand over possession to the appellants—In these circumstances, the provisions of Section 144, CPC were not attracted

Apr 8, 2019 sclaw

2019(1) Law Herald (SC) 801 : 2019 LawHerald.Org 713 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil…

C P C

Civil Procedure Code, 1908, S. US-Revision—Interlocutory orders—Revision petitions filed under Section 115 CPC are not maintainable against interlocutory orders-Revisional jurisdiction under Section 115 CPC is to be exercised to correct jurisdictional errors only.

Apr 7, 2019 sclaw

2019(1) Law Herald (SC) 763 : 2019 LawHerald.Org 711 IN THE SUPREME COURT OF INDIA Before HonTile Mr. Justice Rohinton Pali Nariman Hon’ble Mr. Justice Vineet Saran Civil Appeal No.…

C P C

Injunction—Restraining from dispossession—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 and lawful possession of the suit property on the date of filling of the suit

Apr 7, 2019 sclaw

2019(1) Law Herald (SC) 757 : 2019 LawHerald.Org 710 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice R. Subhash Reddy Civil Appeal No.…

C P C

Adverse possession – Co‐sharer – It is a settled principle of law that the possession of one co-sharer is possession of all co-sharers, it cannot be adverse to them, unless there is a denial of their right to their knowledge by the person in possession, and exclusion and ouster following thereon for the statutory period. [See Mohammad Baqar and Others vs. Naim-un-Nisa Bibi and Others, AIR 1956 SC 548]

Apr 6, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH T. RAMALINGESWARA RAO (DEAD) THR. LRS. AND ANOTHER — Appellant Vs. N. MADHAVA RAO AND OTHERS — Respondent ( Before : Abhay Manohar Sapre…

C P C

Amendment of Pleadings—It is not permissible to allow withdrawal of stand taken earlier in the plaint and it is also not permissible to change nature of suit by an application under O.6R.17 CPC

Apr 5, 2019 sclaw

2019(1) Law Herald (SC) 732 : 2019 LawHerald.Org 706 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Civil Appeal No.…

C P C

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,…

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Artificial Intelligence Constitution

Artificial Intelligence (AI) — Use in Legal Proceedings — Reliance on AI-generated judgments by a court is a serious matter concerning the integrity of the judicial process — Such judgments, if non-existent or fake, amount to misconduct rather than a simple error of judgment — Supreme Court orders examination of consequences and accountability for such practices — Notice issued to the Attorney General, Solicitor General, and Bar Council of India to address this institutional concern.

Mar 4, 2026 sclaw

Electricity Act

Power Purchase Agreement (PPA) / Power Supply Agreement (PSA) — Interpretation of Contract — Surrounding Circumstances — Evidence Act, 1872, Sections 92, 94, 95 — Contractual terms can be clarified by attending circumstances and conduct of parties, even if contract is reduced to writing, to give meaning to terms that may otherwise be meaningless or unworkable.

Mar 4, 2026 sclaw

Arbitration

Arbitration and Conciliation Act, 1996 — Section 31(7)(a) — Interest awarded by Arbitral Tribunal — Contractual bar — Where a contract expressly prohibits the award of pre-award and pendente lite interest, an Arbitral Tribunal cannot award such interest, even if termed as compensation, as the arbitrator is bound by the terms of the contract.

Mar 4, 2026 sclaw

Corporate Tenders & Contracts

Contract Act, 1872 — Section 133 — Discharge of surety by variance in terms of contract — A variance made without the surety’s consent in the terms of the contract between the principal debtor and the creditor discharges the surety only with respect to transactions occurring subsequent to the variance. The surety remains liable for the original amount guaranteed.

Mar 4, 2026 sclaw

Category: C P C

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