C P C Archives - Page 33 of 51 - Supreme Court of India Judgements

March 9, 2025 7:31 am

Second Appeal—Reasoned Order—It is of no significance, whether the respondent has appeared at the time of final hearing of the appeal or not. – The High Court, in any case, has to proceed in accordance with the procedure prescribed under Section 100 while disposing of the appeal, whether in limine or at the final hearing stage.

Nov 3, 2018 sclaw

2018(3) Law Herald (SC) 1766 :2018 LawHerald.Org 1108 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.K. Agrawal Hon’ble Mr. Justice Abhay Manohar Sapre Civil Appeal Nos. 9118-9119…

C P C

Injunction—Question of Title—Findings of title can be recorded in a suit for injunction if there are necessary and appropriate issues regarding question of title Second Appeal—Question of Title—High Court while dismissing the second appeal being devoid of merit was not justified in making an observation which has the potential of reopening the already settled issue of title in respect of the suit property—Such findings set aside

Nov 1, 2018 sclaw

2018(3) Law Herald (SC) 2337 : 2017 LawHerald.Org 1522 SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant Vs. VIJAY KRISHNA UNIYAL (D) THROUGH L.RS. — Respondent ( Before : Kurian…

C P C

Civil Procedure Code, 1908, S, 100-Second Appeal-Substantial Question of law-High Court also failed to see that the issue of resjudicata and the issue of ownership were independent issues and the decision on one would not have answered the other one—In other words, both the issues had to be examined independent of each other on their respective merits—It was, however, possible only after framing of substantial questions on both the issues as provided under Section 100(4) and (5) of the Code—This was, however, not done in this case-Case remanded back

Nov 1, 2018 sclaw

2018(3) Law Herald (SC) 2311 : 2018 LawHerald.Org 1519 SUPREME COURT OF INDIA DIVISION BENCH NARAYANA GRAMANI — Appellant Vs. MARIAMMAL — Respondent ( Before : Abhay Manohar Sapre and…

C P C

Amendment of Pleadings—Court always gives relief to amend the pleading but not when it is satisfied that the party applying was acting malafide or that by his blunder he had caused injury to his opponent which cannot be compensated for by an order of costs.

Oct 28, 2018 sclaw

2018(3) Law Herald (SC) 2265 : 2017 LawHerald.Org 2216 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice Ashok Bhushan Civil Appeal No. 19977…

C P C

Precedent—Law includes not only legislative enactments but also judicial precedents. Lak Adalat—Challenge to the award passed by Lok Adalat—Only remedy available to the aggrieved party is to file writ petition.

Oct 28, 2018 sclaw

2018(3) Law Herald (SC) 2257 : 2017 LawHerald.Org 2215 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice R.K. Agrawal Honble Mr. Justice Abhay Manohar Sapre Cnnl Appeal No.…

C P C

Representative Suit—Sanction to prosecute suit as representative suit granted without objection of appellant—No discussion much less finding on issues—Matter remanded back.

Oct 28, 2018 sclaw

2018(3) Law Herald (SC) 2253 : 2017 LawHerald.Org 2214 SUPREME COURT OF INDIA DIVISION BENCH S.N.D.P. SAKHAYOGAM — Appellant Vs. KERALA ATMAVIDYA SANGHAM — Respondent ( Before : R.K. Agrawal and Abhay…

C P C

Review—Second Appeal was disposed of on compromise between the parties—Review petition against second appeal is maintainable on ground of fraud in obtaining such judicial orders.

Oct 27, 2018 sclaw

2018(3) Law Herald (SC) 2232 : 2018 LawHerald.Org 1447 SUPREME COURT OF INDIA DIVISION BENCH VED PAL (D) THROUGH LRS — Appellant Vs. PREM DEVI (D) THROUGH LRS — Respondent ( Before : Abhay Manohar Sapre and S. Abdul…

C P C

Additional Evidence at appellate stage—Before taking into consideration the additional piece of evidence opportunity to opposite party has to be given to file any rebuttal evidence to counter the additional evidence adduced by the party.

Oct 24, 2018 sclaw

2018(3) Law Herald (SC) 2203 : 2018 LawHerald.Org 1444 SUPREME COURT OF INDIA DIVISION BENCH THE CORPORATION OF MADRAS — Appellant Vs. M. PARTHASARATHY — Respondent ( Before : Abhay Manohar Sapre and S. Abdul…

C P C

Clubbing of Suits—Property dispute between family members—The property, which is subject matter of appeal in suit for declaration, should also necessarily be subjected to its adjudication in suit for partition along with other properties

Oct 21, 2018 sclaw

2018(3) Law Herald (SC) 2160 : 2018 LawHerald.Org 1439 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

Suit for Declaration—Claim of Ownership—Mere fact that house tax receipt, electricity and water bills and other documents are in the name of plaintiff would not prove his claim.

Oct 14, 2018 sclaw

2018(3) Law Herald (SC) 2065 : 2018 LawHeraid.Org 1432 SUPREME COURT OF INDIA DIVISION BENCH VINOD KUMAR DHALL — Appellant Vs. DHARAMPAL DHALL (DECEASED) — Respondent ( Before : Arun Mishra and Uday Umesh Lalit,…

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Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

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C P C

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

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Stamp Act State Laws

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

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Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

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Category: C P C

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