C P C Archives - Page 32 of 54 - Supreme Court of India Judgements

March 5, 2026 7:51 pm

Execution of Decree—It is not within the jurisdiction of the executing court to decide whether the decree was passed in the absence of territorial jurisdiction by the Civil Court—Executing Court cannot go beyond decree.

Mar 25, 2019 sclaw

2019(1) Law Herald (SC) 259 : 2019 LawHerald.Org 508 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr Dhananjaya Y Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil Appeal…

C P C

Second Appeal—In second appeal, in absence of cross-appeal or cross objections, High Court cannot go beyond the decree passed by Trial Court.

Mar 24, 2019 sclaw

2019(1) Law Herald (SC) 230 : 2018 LawHerald.Org 2061 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice M.…

C P C

Second Appeal—Casual approach of the High Court in disposing of the second appeal which does not decide or deals with any issue(s) arising in the case, cannot be countenanced—Case remanded back to be decided afresh

Mar 23, 2019 sclaw

2019(1) Law Herald (SC) 627 : 2019 LawHerald.Org 607 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abahy Manohar Sapre Hon’ble Ms. Justice Indu Malhotra Civil Appeal No.…

C P C

Indigent Person—Dismissal of application made under O.33 R.I CPC by the Trial Court in the earlier round of litigation is not a bar against the plaintiff to file an application/appeal as an indigent person under O.44 R.I CPC before the Appellate Court.

Mar 23, 2019 sclaw

2019(1) Law Herald (SC) 621 : 2019 LawHerald.Org 606 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Ms. Justice Indu Malhotra Civil Appeal No.ll7of2019…

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Injunction—Writ Petition under Article 227 challenging the orders passed by Civil Courts refusing to grant interim injunction under Order 39, Rules 1 and 2 of the CPC is very well maintainable.

Mar 21, 2019 sclaw

2019(1) Law Herald (SC) 600 : (2019) AIR(SC) 231 : (2019) 1 Scale 140 2019 LawHerald.Org 621 IN THE SUPREME COURT OF INDIA Before Hon’ble Ms. Justice Indu Malhotra Hon’ble…

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Amendment of pleadings–Cannot be directed to be amended after the hearing of a case begins. Commencement of proceeding–Filing of an affidavit in lieu of examination in chief of the witness, would amount to `commencement of proceeding’.

Mar 5, 2019 sclaw

2009(1) LAW HERALD (SC) 540 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. 7251 Of 2008…

C P C

Civil Procedure Code, 1908, S.96-Appeal–Withdrawal of Appeal- Dismissal of appeal “as not pressed”–If the appellant is a juristic entity created under the Act, Appellant Court have to ensure strict compliance of the relevant provisions of the Act under which they have are created coupled with ensuring compliance of relevant provisions of the Code of Civil Procedure for forgoing their right to prosecute the appeal on merits

Mar 3, 2019 sclaw

2019(1) Law Herald (SC) 444 : 2018 LawHerald.Org 2128 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Abhay Manohar Sapre Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal No.…

C P C

Undue Influence—Merely because the parties are related to each other or merely because the executant was old or of weak character, no presumption of undue influence can arise Redemption of Mortgage—High Court has passed a decree for redemption of mortgage simpliciter without following the provisions of CPC—Impugned order set aside

Mar 3, 2019 sclaw

2019(1) Law Herald (SC) 147 : 2018 LawHerald.Org 2053 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Civil Appeal No. 1007…

C P C

Auction Sale—Recalling of Order—Execution of Decree—During the pendency of execution second appeal before High Court decreetal amount had been deposited with District Court—Such fact was not brought on record before Supreme Court which had earlier dismissed the objections in conducting auction sale-Impugned order recalled by Supreme Court-Order of auction sale set aside.

Mar 1, 2019 sclaw

2019(1) Law Herald (SC) 348 : 2019 LawHerald.Org 546 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice S. Abdul Nazeer Hon’ble Mr. Justice…

C P C

Undue Influence—Merely because the parties are related to each other or merely because the executant was old or of weak character, no presumption of undue influence can arise Redemption of Mortgage—High Court has passed a decree for redemption of mortgage simpliciter without following the provisions of CPC—Impugned order set aside– Muslim Law—Oral Gift—Conditions for making valid oral gift under the Mohammedan law are:- (i) there should be wish or intention on the part of the donor to gift; (ii) acceptance by the donee; and (iii) taking possession of the subject matter of the gift by the donee.

Feb 24, 2019 sclaw

2019(1) Law Herald (SC) 147 : 2018 LawHerald.Org 2053 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Civil Appeal No. 1007…

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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.

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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.

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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.

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Category: C P C

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