C P C Archives - Page 31 of 52 - Supreme Court of India Judgements

June 23, 2025 4:22 am

Remand of Case—After allowing the application for additional evidence in appeal High Court not justified in remanding the case to trial court for recording of the evidence—It can be done by competently by first Appellate Court Additional evidence of appellate stage—Allowing of application does not mean that document are to be directly exhibited as record on file—Such documents are required to be proved as per law before being considered

Feb 17, 2019 sclaw

2018(4) Law Herald (SC) 3186 : 2018 LawHerald.Org 1927 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice DipakMisra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Dr.…

C P C

Execution of decree—Objections—Revisionary Court is under legal obligation to decide the legality and correctness of the findings recorded by the executing court on its merits rather than remanding it to executing court Execution of Decree—Objections—Revision—Additional evidence by way of documents not to be placed in revision against dismissal of objections by executing court

Feb 16, 2019 sclaw

2018(4) Law Herald (SC) 3205 : 2018 LawHerald.Org 1930 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Mohan M. Shantanagoudar Civil Appeal…

C P C

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…

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Category: C P C

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