Supreme Court of India Judgements

46755 Judgements hosted as on 29/03/2025 - Search (FREE), Subscribe, Read & Download

Category: C P C

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

No delay was caused by petitioner in filing application for restoration–Petitioner had been diligently prosecuting the litigation since 1982–Improper to punish petitioner for non-appearance of his counsel–Orders of the High Court set aside.                                   

Nov 21, 2018 sclaw

2010(1) LAW HERALD (SC) 392 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice R.M. Lodha Civil Appeal Nos. 7648-7649 of 2009…

C P C

Civil Procedure Code, 1908, O. 4, R. 2–Civil Procedure Code, 1908, S. 149–Court Fee Act, 1870, S. 4–Deficit Court fee–Plaintiff sought permission to make up deficiency–Court whether can allow the application without notice to the opposite party–Held; Yes–Court fee is a matter between State and the suitor.–Mention of a wrong provisions or non-mentioning of a provisions does not invalidate an order if the Court and/or statutory authority had the requisite jurisdiction.

Nov 20, 2018 sclaw

2010(1) LAW HERALD (SC) 346 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Deepak Verma Civil Appeal No. 4643 of 2009…

C P C

Amendment of written statement–Petitioners were fully aware of the Will in question, but had not even mentioned the same in their written statement–Petitioners attempted to introduce a new story by way of defence in order to prolong the disposal of the appeal–Amendment of pleadings not allowed.

Nov 13, 2018 sclaw

2010(1) LAW HERALD (SC) 232 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Markandey Katju Special Leave Petition (C) No. 3592…

C P C

Civil Procedure Code, 1908, Order 39, Rule 1 and 2 and Section 151–Interim Injunction–High Court set aside the order of injunction passed by the trial Court–Appeal–Object of the Trust in wanting to acquire the suit property was to extend its school unit and if the suit property is allowed to be commercially exploited, the entire object of the suit filed by the appellant Trust will be rendered meaningless–Order of the High Court set aside–Appeal allowed–In the light of the principles of balance of convenience and inconvenience, interim relief should be granted to the appellant Trust.                   

Nov 12, 2018 sclaw

2010(1) LAW HERALD (SC) 209 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal Nos. 8081-8082 of 2009…

C P C

Withdrawal of Suit–Trial court dismissed the suit for partition as withdrawn–In terms of order XXIII Rule 1 of the Code of Civil Procedure, it is the privilege of the plaintiff alone to withdraw the plaint at any stage of the proceedings and the appellant being only one of the defendants having played the fraud in getting the suit dismissed as withdrawn, has no locus to object to the restoration of the suit.

Nov 11, 2018 sclaw

2010(1) LAW HERALD (SC) 143 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B. Sudershan Reddy The Hon’ble Mr. Justice J.M. Panchal Civil Appeal No. 8407 of…

You missed

Cr P C

In a case involving cross-FIRs (alleging offences u/s 294(b), 323, 506(1) IPC) arising from a dispute between two practicing advocates pending since 2017, the Supreme Court, in the exercise of its jurisdiction under Article 142 of the Constitution, quashed the FIR against the appellants and also quashed the connected proceedings

Mar 29, 2025 sclaw
I P C

Conviction under Section 302 requires proof of premeditation or intention to kill; absence of such elements may lead to reduced charges, such as under Section 304 IPC, with sentencing considerations potentially based on time already served

Mar 25, 2025 sclaw
I P C

Mere presence at a crime scene, without evidence of an overt act or specific role, is insufficient to convict an individual as a member of an unlawful assembly, especially in cases involving large crowds and public disturbances

Mar 25, 2025 sclaw
Limitation

Limitation Act, 1963 — Section 5 — Extension of period of limitation in certain circumstances — Courts may liberally condone delays in appeals, especially by the State

Mar 25, 2025 sclaw