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

April 27, 2025 11:06 am

Amendment of Plaint—Stage of litigation—Power to allow the amendment is wide and can be exercised at any stage of the proceeding in the interest of justice.

Sep 10, 2018 sclaw

2018(2) Law Herald (SC) 707 : 2018 LawHerald.Org 1018 SUPREME COURT OF INDIA DIVISION BENCH GURBAKHSH SINGH — Appellant Vs. BUTA SINGH — Respondent ( Before : Arun Mishra and Uday Umesh Lalit,…

C P C

Res judicata—Second suit before expiry of period of limitation for filing an appeal in first suit—Entire fact circumstance in each case must be looked at before deciding whether to proceed with the second proceeding on the basis of res judicata or to adjourn and/or stay the second proceeding to await the outcome in the first proceeding.

Sep 9, 2018 sclaw

2018(2) Law Herald (SC) 678 : 2018 LawHerald.Org 1015 SUPREME COURT OF INDIA DIVISION BENCH CANARA BANK — Appellant Vs. N.G. SUBBARAYA SETTY — Respondent ( Before : Adarsh Kumar…

C P C

Held, when the plaintiff could be shown the indulgence, the same equity should have been mated out to the appellant (defendant)-Since it was suit for recovery of money-The Court should have put the parties at least to terms and then disposed of the matter on merits-Ex parte Decree set side.

Aug 26, 2018 sclaw

(2017) 100 ACrC 264 : (2017) 175 AIC 263 : (2017) 2 ICC 443 : (2017) 1 LAR 643 : (2017) 1 LawHerald(SC) 746 : (2017) 2 LJR 661 : (2017) 4 LW 283…

C P C

Civil Procedure Code, 1908, O.41 R.23 and O.26 R.9–Remand of Case-Suit for declaration—Claim for ownership and possession in booth sites allotted by society-Having regard to the rival contentions of the parties claiming to be in possession, case remanded to trial court to appoint a Commissioner to get a report as to the location of the disputed sites and their physical features and other relevant facts and decide afresh.

Aug 15, 2018 sclaw

(2017) 174 AIC 62 : (2017) AIR(SCW) 1341 : (2017) AIR(SC) 1341 : (2017) 123 ALR 271 : (2017) 1 ARC 768 : (2017) 1 BBCJ 421 : (2017) 2…

C P C

Suit against Trust—Leave to file suit—Plaint has to be annexed the application filed under S. 92 CPC, it is an essential requirement.

Aug 13, 2018 sclaw

(2017) 174 AIC 228 : (2017) AIR(SCW) 1221 : (2017) 2 AIRJharR 468 : (2017) AIR(SC) 1221 : (2017) 3 ALLMR 949 : (2017) 2 AllWC 1722 : (2017) 123…

C P C

Transfer of Case—Matrimonial Disputes— Where the parties have difficulty and there is no place which is convenient and where one or both the parties make a request for use of video conference, proceedings may be conducted through video conferencing, obviating the needs of the party to appear in person. Administration of Justice—Use of Technology—Every district court must have at least one e-mail ID and notified phone number—A designated officer/ manager to be appointed to respond to emails and phone queries—These steps would take care of the problems of litigants to some extent.

Aug 12, 2018 sclaw

(2017) 174 AIC 103 : (2017) AIR(SCW) 1345 : (2017) 2 AIRJharR 462 : (2017) AIR(SC) 1345 : (2017) AllSCR 900 : (2017) 122 ALR 905 : (2017) 5 ALT…

C P C

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)…

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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

Category: C P C

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