C P C Archives - Page 34 of 54 - Supreme Court of India Judgements

March 5, 2026 10:43 pm

Second Appeal–Although High Court has jurisdiction to formulate a substantial question of law at a subsequent stage but it should not be done without assigning any reason and without giving a reasonable opportunity of hearing to the respondents.

Feb 3, 2019 sclaw

2009(1) LAW HERALD (SC) 342 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. 7346 of 2008…

C P C

Possession–Plaintiff filed suit for possession on basis of title–Plaintiff has to prove his title–Weakness of the defence or the failure of the defendants to establish the title set up by them, would not enable the plaintiff to a decree–Appeal dismissed

Jan 28, 2019 sclaw

2009(1) LAW HERALD (SC) 340 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. 6570 of 2008…

C P C

Decree against dead person–Death of defendant pending appeal–An application made for substitution of legal representatives, but no order passed by Court through inadvertence–Decree drawn against dead defendant–Decree executable against legal representatives–It was essentially a technical error–Held, act of court should do no harm to a litigant– Civil Procedure Code, 1908, Section 47–Civil Procedure Code, 1908, Order 23 Rule 2.

Jan 26, 2019 sclaw

2009(1) LAW HERALD (SC) 309 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Markandey Katju Civil Appeal Nos. 6850-6851 of 2008…

C P C

Written Statement–Acceptance of–Trial Court can accept written statement after 90 days.

Jan 26, 2019 sclaw

2009(1) LAW HERALD (SC) 305 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Mukundakam Sharma Civil Appeal No. 6731 of 2008…

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Transfer of Suit–Suit for damages filed at Chennai by husband–Suit transferred to Kolkata where wife residing with 2 years old child.

Jan 20, 2019 sclaw

2009(1) LAW HERALD (SC) 256 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice Harjit Singh Bedi Transfer Petition (Civil) No. 627…

C P C

Decree remains valid unless set aside. Executing Court reduced to interest from 18% to 14%–High Court further reduced the same to 9%–Executing Court cannot go beyond decree–Executing Court to execute the same as it is.

Jan 17, 2019 sclaw

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. 7310 of 2008 Deepa Bhargava v. Mahesh…

C P C

Exparte decree–Remedies available to defendants–He may file a suit contending that decree was obtained fraudulently or he may file application under Order 9 Rule 13 C.P.C. or he may prefer an appeal from exparte judgment–He may also file a review petition.

Jan 13, 2019 sclaw

2009(1) LAW HERALD (SC) 224 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. 7316 of 2008…

C P C

Agreement to Sell—Increase in Price—Mere escalation of price is no ground for interference with concurrent findings of court below granting the decree. Abatement of Appeal—Omission to implead legal representatives of a deceased defendant, would not lead to abatement of appeal as a whole by itself.

Jan 13, 2019 sclaw

2018(4) Law Herald (SC) 3095 : 2018 LawHerald.Org 1860 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble Mr. Justice…

C P C

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…

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Category: C P C

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