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

April 7, 2026 1:38 am

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,…

C P C

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…

C P C

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…

C P C

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…

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Service

Central Civil Services (Revised Pay) Rules, 2008; Seventh Central Pay Commission Recommendations — Non-Functional Upgradation (NFU) to Level 9 — Recommendation 7.4.13 (iv) (b) — Eligibility criteria — Completion of four years in Level 8 on seniority-cum-suitability basis — Interpretation of — Held, denial of NFU on the ground that Junior Engineers did not enter service at Grade Pay of Rs — 4,800/- amounts to adding an additional condition not contemplated by the recommendation.

Apr 6, 2026 sclaw

Constitution

Foreign Exchange Management Act, 1999 (FEMA) — Section 37A — Seizure of assets — Adjudication proceedings are independent of seizure proceedings — The order of the Competent Authority confirming seizure of equivalent assets continues until the disposal of adjudication proceedings — The Adjudicating Authority then passes appropriate directions regarding further action on the seizure — However, this does not apply to a situation where seizure has not been confirmed.

Apr 6, 2026 sclaw

Arbitration

Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Scope of jurisdiction under Section 11 is confined to existence of an arbitration agreement — Issue of res judicata not considered at Section 11 stage — Principles of Order 23 Rule 1 of CPC apply to proceedings under Section 11 — A fresh application under Section 11 is not maintainable if the earlier application was withdrawn without liberty to file a fresh one.

Apr 6, 2026 sclaw

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 197(1) — Requirement of sanction for prosecution of public servants — Protection under Section 197(1) applies only to public servants who are not removable from office except by or with the sanction of the government — Subordinate police officers not falling under this category are not entitled to the benefit of this protection, even if the alleged offence was committed while acting or purporting to act in the discharge of official duty.

Apr 5, 2026 sclaw

Category: C P C

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