C P C Archives - Page 34 of 51 - Supreme Court of India Judgements

April 27, 2025 8:14 pm

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,…

C P C

Written Statement—inordinate delay in fling cannot be condoned merely on the ground that plaintiff also took long time to serve summons on defendants and for balancing the rights and equities.

Oct 14, 2018 sclaw

2018(3) Law Herald (SC) 2056 (2018) 2 RCR(Civil) 1001 SUPREME COURT OF INDIA DIVISION BENCH ATCOM TECHNOLOGIES LIMITED — Appellant Vs. Y.A. CHUNAWALA AND CO. — Respondent ( Before : A.K. Sikri and…

C P C

Partition suit- Trial Court had directed to make the plan depicting respective shares of the parties as part of decree—Held; at the time of passing the judgment and decree, the trial court should have made the said map as a part of the decree so that the partition could have been effected as per the said sketch—No party should be allowed to suffer for the error of the court—In the circumstances, the trial court has rightly made the plan a part of the decree for effecting partition—Impugned order of High Court setting aside order of trial court set aside.

Oct 9, 2018 sclaw

2018(3) Law Herald (SC) 2042 : 2018 LawHerald.Org 1427 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal No.…

C P C

Local Commissioner-Examination of Witness-Plaintiff is an old lady in her eighties—Permission granted to appoint any lady lawyer as Local commissioner for recording the evidence of plaintiff at her residence at her expense.

Oct 8, 2018 sclaw

2018(3) Law Herald (SC) 2039 : 2017 LawHerald.Org 2212 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.K. Agrawal Hon’ble Mr. Justice Abhay Manohar Sapre Civil…

C P C

Remand of Case-Due Consideration—It was not clear as to what was that due consideration which persuaded the Division Bench to dispose of the petitions as only facts are set out—Case remanded back to be decided afresh

Sep 18, 2018 sclaw

(2018) 7 JT 426 : (2018) 9 Scale 199 SUPREME COURT OF INDIA DIVISION BENCH CENTRAL BOARD OF TRUSTEES — Appellant Vs. M/S INDORE COMPOSITE PVT. LTD. — Respondent ( Before : Abhay…

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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

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