Supreme Court of India Judgements

47060 Judgements hosted as on 04/03/2026 - Search (FREE), Subscribe, Read & Download

Category: C P C

C P C

Civil Procedure Code, 1908, O.41 R.23—Remand of Case—Suit was based on legality of compromise entered between the parties—Matter was remanded back to be decided afresh on merits-Held; This implied that the question of consideration of compromise petition was required to be decided first- -It is for the simple reason that if the compromise was held to be legal and proper, there was no need to decide the second appeal on merits—In other words, the need to decide the second appeal on merits would have arisen only if the compromise would have been held illegal and not binding on the parties concerned—Matter remanded again to be decided afresh accordingly.      

Dec 30, 2018 sclaw

2018(4) Law Herald (SC) 3269 : 2018 LawHerald.org 1788 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

Amendment of decree–Court may not have suo moto power to award a decree but same would not mean that court cannot rectify a mistake–If a property was subject matter of pleadings and court did not frame an issue which it ought to have done, it can, at later stage when pointed out may amend the decree — Decree–When the parties have brought on records by way of pleadings and/or other material that apart from property mentioned by plaintiff in his plaint, there are other properties which could be a subject matter of partition, the court would be entitled to pass a decree even in relation thereto.

Dec 26, 2018 sclaw

2009(1) LAW HERALD (SC) 14 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. 7008 of 2008…

C P C

Pecuniary Jurisdiction—Objection with regard to pecuniary jurisdiction cannot be taken for the first time before the appellate court —Section 21 CPC contains a legislative policy which policy has an object and purpose—The object is also to avoid retrial of cases on merit on basis of technical objections

Dec 16, 2018 sclaw

2018(4) Law Herald (SC) 2800 : 2018 LawHerald.Org 1741 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice Ashok Bhushan Civil Appeal Nos. 9051…

C P C

No delay was caused by petitioner in filing application for restoration–Petitioner had been diligently prosecuting the litigation since 1982–Improper to punish petitioner for non-appearance of his counsel–Orders of the High Court set aside.                                   

Nov 21, 2018 sclaw

2010(1) LAW HERALD (SC) 392 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice R.M. Lodha Civil Appeal Nos. 7648-7649 of 2009…

C P C

Civil Procedure Code, 1908, O. 4, R. 2–Civil Procedure Code, 1908, S. 149–Court Fee Act, 1870, S. 4–Deficit Court fee–Plaintiff sought permission to make up deficiency–Court whether can allow the application without notice to the opposite party–Held; Yes–Court fee is a matter between State and the suitor.–Mention of a wrong provisions or non-mentioning of a provisions does not invalidate an order if the Court and/or statutory authority had the requisite jurisdiction.

Nov 20, 2018 sclaw

2010(1) LAW HERALD (SC) 346 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Deepak Verma Civil Appeal No. 4643 of 2009…

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