C P C Archives - Page 36 of 52 - Supreme Court of India Judgements

June 22, 2025 6:17 am

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)…

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,…

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