C P C Archives - Page 32 of 51 - Supreme Court of India Judgements

April 26, 2025 9:59 am

Civil Procedure Code, 1908, O.21 R.66–Auction Sale—Setting aside of- -Inadequate Publicity—Authorities committed error in not giving adequate publicity in leading newspaper keeping in view, the value and the potentiality of the land—Directions issued to re-auction the land in question by giving wide publicity in various leading national newspapers having circulation all over India

Jan 6, 2019 sclaw

2018(4) Law Herald (SC) 3338 : 2018 LawHerald.Org 1939 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Indu Malhotra Civil Appeal No.…

C P C

Civil Procedure Code, 1908, O.39 R.I & R.2 and O.41 R.23–Injunction- Temporary Injunction—Rejection of stay application—Remand of Case- Held; No adequate reason is given in the impugned order for not granting stay; and secondly, the reason given does not in itself justify the rejection having regard to the nature of controversy involved in the writ petition- Case remanded to be decided afresh.

Dec 30, 2018 sclaw

2018(4) Law Herald (SC) 3298 : 2018 LawHerald.org 1792 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Uday Umesh Lalit Civil…

C P C

Civil Procedure Code, 1908, O.41 R.23—Remand of Case—Suit was based on legality of compromise entered between the parties—Matter was remanded back to be decided afresh on merits-Held; This implied that the question of consideration of compromise petition was required to be decided first- -It is for the simple reason that if the compromise was held to be legal and proper, there was no need to decide the second appeal on merits—In other words, the need to decide the second appeal on merits would have arisen only if the compromise would have been held illegal and not binding on the parties concerned—Matter remanded again to be decided afresh accordingly.

Dec 30, 2018 sclaw

2018(4) Law Herald (SC) 3269 : 2018 LawHerald.org 1788 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal…

C P C

Amendment of decree–Court may not have suo moto power to award a decree but same would not mean that court cannot rectify a mistake–If a property was subject matter of pleadings and court did not frame an issue which it ought to have done, it can, at later stage when pointed out may amend the decree — Decree–When the parties have brought on records by way of pleadings and/or other material that apart from property mentioned by plaintiff in his plaint, there are other properties which could be a subject matter of partition, the court would be entitled to pass a decree even in relation thereto.

Dec 26, 2018 sclaw

2009(1) LAW HERALD (SC) 14 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. 7008 of 2008…

C P C

Civil Procedure Code, 1908, S. 11–Res judicata–“When the earlier decision declares valid a transaction which is prohibited by law” it does not operate as res judicata–Res judicata will not operate as a bar for entertaining a fresh cause of action

Dec 25, 2018 sclaw

2010(2) LAW HERALD (SC) 787 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice A.K. Patnaik Civil Appeal No. 3038 of 2007…

C P C

Fraudulent decree–A fraud puts an end to everything–Settled position that such decree is nothing, but a nullity.

Dec 25, 2018 sclaw

2010(2) LAW HERALD (SC) 751 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Mr. Justice Surinder Singh Nijjar Civil Appeal No. 1881 of…

C P C

Revision—Scope of—An erroneous decision on a question of law reached by the subordinate court which has no relation to questions of jurisdiction of that court cannot be corrected by the High Court under Section 115 CPC.

Dec 23, 2018 sclaw

2018(4) Law Herald (SC) 3006 : 2018 LawHerald.org 1777 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice Ashok Bhushan Civil Appeal No. 10853…

C P C

Cross Objection—First Appellate Court in an appeal by plaintiff cannot reverse the finding on an issue favour of plaintiff in absence of cross objection by defendant on that issue

Dec 23, 2018 sclaw

2018(4) Law Herald (SC) 2999 : 2018 LawHerald.org 1775 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice 8. Abdul Nazeer Civil Appeal…

C P C

Pecuniary Jurisdiction—Objection with regard to pecuniary jurisdiction cannot be taken for the first time before the appellate court —Section 21 CPC contains a legislative policy which policy has an object and purpose—The object is also to avoid retrial of cases on merit on basis of technical objections

Dec 16, 2018 sclaw

2018(4) Law Herald (SC) 2800 : 2018 LawHerald.Org 1741 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice Ashok Bhushan Civil Appeal Nos. 9051…

C P C

Jurisdiction–Suits u/s. 92–District Courts and Sub- ordinate Courts have concurrent jurisdiction without reference to any pecuniary limits–Pecuniary limits mentioned in S. 12 of the Civil Courts Act, do not apply to suits u/s. 92 of CPC.

Nov 23, 2018 sclaw

2010(1) LAW HERALD (SC) 483 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice K.S. Radhakrishnan Civil Appeal No. 852 Of 2010…

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I P C

Defamation — Imputation in Good Faith for Protection of Interests — Exception 9 to S. 499 IPC engrafts the principle of qualified privilege, stating it is not defamation to make an imputation on the character of another, provided it is made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good

Apr 20, 2025 sclaw

Corporate

ESI – The definition of ‘principal employer’ under Section 2(17) is wide and includes not only the owner or occupier of a factory (or head of department in government establishments) but also the managing agent or any person responsible for the supervision and control of the establishment — Designation is immaterial if the person functions as a managing agent or supervises/controls the establishment

Apr 20, 2025 sclaw

Anticipatory Bail

Habitual Offender/Criminal Antecedents — Consideration of Nature of Current Offence — While the criminal antecedents and alleged status of an accused as a habitual offender are extremely relevant factors that ordinarily weigh against the grant of anticipatory bail, the High Court’s discretion in granting such bail may not warrant interference

Apr 20, 2025 sclaw

Circumstantial Evidence I P C

Murder (Filicide) vs. Suicide — In cases based on circumstantial evidence where the question is whether the death was homicidal (filicide) or suicidal, the prosecution must establish a complete chain of circumstances that points exclusively to the guilt of the accused and is inconsistent with any hypothesis of innocence

Apr 20, 2025 sclaw

Category: C P C

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