C P C Archives - Page 35 of 51 - Supreme Court of India Judgements

March 10, 2025 3:44 am

Suit against Local Bodies— Where case is against the State Government and local bodies, it is the duty of the Court to make, in the first instance, every endeavor to assist the parties to arrive at settlement.

Aug 11, 2018 sclaw

(2017) 173 AIC 262 : (2017) 122 ALR 504 : (2017) 2 ApexCourtJudgments(SC) 420 : (2017) 2 ARC 324 : (2017) 2 BBCJ 136 : (2017) 2 CalHCN 85 :…

C P C

Civil Procedure Code, 1860, S.100–Second Appeal-Substantial question of law-House Tax-While disposing off the appeal the high court did not decided the questions whether the suit seeking a declaration that the demand of House Tax raised under the Act is maintainable, Matter remanded back to be decided afresh-Haryana Municipal Act, 1973.

Aug 11, 2018 sclaw

(2017) 174 AIC 95 : (2017) AIR(SCW) 1330 : (2017) 3 AIRJharR 321 : (2017) AIR(SC) 1330 : (2017) AllSCR 2127 : (2017) 123 ALR 284 : (2017) 3 AndhLD…

C P C

Civil Procedure Code, 1908, S.96 and O.41 R.31–First Appeal- Judgment of the appellate court shall state: the points for determination; the decision thereon; the reasons for the decision; and where the decree appealed from is reversed or varied, the relief to which the appellant is entitled.

Aug 9, 2018 sclaw

(2018) 181 AIC 1 : (2017) AIR(SCW) 5604 : (2018) 1 AirKarR 392 : (2017) AIR(SC) 5604 : (2018) 126 ALR 453 : (2018) 2 AndhLD 16 : (2018) 1…

C P C

Amendment of Written Statement—Merits of Amendment sought— Whether an amendment should be allowed is not dependent on whether the case which is proposed to be set up will eventually succeed at the trial or not.

Aug 5, 2018 sclaw

(2018) 182 AIC 167 : (2018) AIR(SCW) 100 : (2018) AIR(SC) 100 : (2018) AllSCR 152 : (2018) 1 ALT 36 : (2018) 1 AndhLD 11 : (2018) 1 ApexCourtJudgments(SC)…

C P C

Civil Procedure Code, 1908, O.23 R.1 –Withdrawal of Suit-Defendant has no right to raise any objection to such prayer being made by the plaintiff except to ask for payment of the cost to him by the plaintiff as provided in sub-rule (4).

Jul 31, 2018 sclaw

(2017) AIR(SCW) 5587 : (2017) AIR(SC) 5587 : (2018) 1 AllLJ 543 : (2018) 2 AndhLD 27 : (2018) 1 ApexCourtJudgments(SC) 245 : (2018) 1 CivCC 292 : (2017) 6…

C P C

Second Appeal—Substantial question of law—Judgment cannot be based on substantial question of law which were not framed by High Court at the time of admission or during the hearing of appeal.

Jul 29, 2018 sclaw

(2018) 5 JT 257 : (2018) 2 LawHerald(SC) 590 : (2018) 7 SCALE 331 SUPREME COURT OF INDIA DIVISION BENCH VIJAY ARJUN BHAGAT — Appellant Vs. NANA LAXMAN TAPKIRE — Respondent…

C P C

Rejection of Plaint—Suit for declaration filed after 17 years of execution of such sale deed—Application for rejection of plaint on ground on limitation as question of limitation was a triable issue in present case as per averments in plaint—Order of Trial Court upheld.

Jul 25, 2018 sclaw

(2018) DNJ 470 : (2018) 4 JT 145 : (2018) 5 SCALE 472 SUPREME COURT OF INDIA FULL BENCH CHHOTANBEN — Appellant Vs. KIRITBHAI JALKRUSHNABHAI THAKKAR — Respondent ( Before :…

C P C

Bar to Suit—Cause of Action—Relief of specific performance cannot be claimed along with relief of permanent injunction in same suit Withdrawal of suit—Bar to Suit—If the order granting permission to withdraw the suit does not specifically mention the fact of granting liberty to the plaintiff to file a fresh suit then filing of the second suit on different cause of action is not hit by O.2 R.2 CPC

Jul 14, 2018 sclaw

(2018) 2 RCR(Civil) 782 : (2018) 5 SCALE 615 SUPREME COURT OF INDIA DIVISION BENCH SUCHA SINGH SODHI (D) — Appellant Vs. BALDEV RAJ WALIA — Respondent ( Before : R.K. Agrawal and Abhay Manohar Sapre,…

C P C

Admission of document—Opportunity to explain the admission contained in the admitted document is necessarily to be given to the contesting party.

Jul 14, 2018 sclaw

(2018) AIR(SCW) 1240 : (2018) AIR(SC) 1240 : (2018) 2 RCR(Civil) 157 : (2018) 4 Scale 378 SUPREME COURT OF INDIA DIVISION BENCH AKHILESH SINGH @ AKHILESHWAR SINGH — Appellant Vs. LAL BABU SINGH —…

C P C

PADMAVAT CASE:: Pleadings—Neither laxity nor lack of sobriety in pleadings is acceptable in law—The assertions in a petition cannot show carelessness throwing all sense of propriety to the winds.

Jul 6, 2018 sclaw

(2018) AIR(SCW) 86 : (2018) AIR(SC) 86 : (2018) AllSCR(Crl) 1 : (2018) 1 ALT(Crl) 127 : (2018) 1 AndhLD(Criminal) 51 : (2018) 1 BomCR(Cri) 478 : (2017) 4LawHerald(SC) 2859 : (2018)…

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Consumer Limitation

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

Mar 3, 2025 sclaw

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.

Feb 16, 2025 sclaw

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).

Feb 16, 2025 sclaw

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.

Feb 9, 2025 sclaw

Category: C P C

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