C P C Archives - Page 36 of 51 - Supreme Court of India Judgements

April 27, 2025 2:06 am

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)…

C P C

THREE GOLDEN PRINCIPLE FOR INJUNCTION GRANT : (plaintiff) was able to make out all the three necessary ingredients for grant of permanent injunction with the aid of evidence, namely, the prima facie case, the balance of convenience and the irreparable loss and injury, if the injunction is not granted to him. Since the respondent held a Patta of the suit land, there was a prima facie case in his favour. Secondly, he was also held to be in possession of the suit land and hence the other two ingredients, namely, the balance of convenience and irreparable loss and injury, were also in his favour.

Jul 4, 2018 sclaw

(2017) 179 AIC 116 : (2017) AIR(SCW) 5094 : (2017) AIR(SC) 5094 : (2017) 125 ALR 468 : (2018) 1 ALT 51 : (2017) 6 AndhLD 59 : (2017) 3…

C P C

Letter Patent Appeal—An ‘interlocutory order’ determining the rights of the parties in one way or other is also a ‘judgment’—Letter Patent Appeal against such interlocutory orders is maintainable. Impleadment of Assignee—Assignee of interest in suit can continue with suit only by leave of court.

Jul 3, 2018 sclaw

(2018) AllSCR 1 : (2018) 1 ICC 685 : (2018) 1 JBCJ 65 : (2018) 1 JCR 182 : (2017) 4 JLJR 238 : (2017) 4 LawHerald(SC) 2778 : (2017) 4 PLJR 281 :…

C P C

Revenue Law—Jurisdiction of Civil Court—Once agricultural land loses its basic character and has been converted into authorized/unauthorized colonies, the bar on jurisdiction of civil courts would not be attracted.

Jun 30, 2018 sclaw

(2017) AIR(SCW) 5852 : (2017) AIR(SC) 5852 : (2018) AllSCR 145 : (2017) 245 DLT 355 : (2017) 12 JT 272 : (2018) 1 LawHerald 177 : (2018) 1 LawHerald(SC) 1 :…

C P C

Auction Sale—Validity of Mortgage—Question of validity of mortgage cannot be raised for first time in appeal before High Court.

Jun 30, 2018 sclaw

(2018) 181 AIC 63 : (2017) AllSCR 2389 : (2018) 126 ALR 551 : (2017) 3 ARC 786 : (2017) 6 BCR 854 : (2018) 1 ICC 683 :…

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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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