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

March 10, 2025 9:24 am

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 :…

C P C

Second Appeal—Findings beyond Pleadings—Substantial Question of law— Without formulating specific question the legality and correctness of any specific finding recorded by the Courts below cannot be examined by High Court.

May 28, 2018 sclaw

(2018) 181 AIC 251 : (2017) AIR(SCW) 5494 : (2018) 1 AirKarR 207 : (2017) AIR(SC) 5494 : (2018) 1 ALLMR 478 : (2018) 1 AndhLD 83 : (2017) DNJ…

C P C

Amendment of Plaint—Liberal Approach—Courts should be liberal in allowing amendment where the suit is still at initial stage

May 11, 2018 sclaw

(2018) AIR(SCW) 685 : (2018) AIR(SC) 685 : (2018) 2 ALT 1 : (2018) 2 AndhLD 58 : (2018) 2 BCR 263 : (2018) 1 JT 500 : (2018) 1…

C P C

V IMP — Exparte Decree—Setting aside of—Defendant can take recourse to both the proceedings, filing of an appeal and filing of application for setting aside exparte decree simultaneously.

Apr 30, 2018 sclaw

(2018) AIR(SCW) 753 : (2018) 2 AIRBomR 764 : (2018) AIR(SC) 753 : (2018) 1 ARC 501 : (2018) 2 BCR 253 : (2018) 1 CTC 662 : (2018) 2…

C P C

Exparte Decree—Setting aside of—Remand of Case-After setting aside of ex-parte order Trial Court was required to issue fresh notice of the suit despite their non-appearance in first round of trial in suit and in O.9 R. 13 proceedings (as per local amendment in State of Kerala)—No such fresh notice was issued—High Court rightly remanded the case to trial court for fresh trial.

Apr 30, 2018 sclaw

(2018) AIR(SCW) 718 : (2018) AIR(SC) 718 : (2018) 2 ALT 44 : (2018) 1 CTC 685 : (2018) 1 JT 484 : (2018) 1 LAR 189 : (2018) 1 LawHerald(SC) 233 : (2018)…

C P C

Amendment of Plaint—Liberal Approach—Courts should be liberal in allowing amendment where the suit is still at initial stage

Apr 23, 2018 sclaw

(2018) 1 JT 500 : (2018) 1 LawHerald(SC) 189 : (2018) 1 PLR 453 : (2018) 1 Scale 479 SUPREME COURT OF INDIA DIVISION BENCH N.C. BANSAL — Appellant Vs. UTTAR PRADESH FINANCIAL CORPORATION…

C P C

Civil Procedure Code, 1908, O.32 R.I–Suit by Minor-Next friend-Where the suit is filed on behalf of the minor, no permission or leave of the court is necessary for the next friend to institute the suit, whereas if the suit is filed against a minor, it is obligatory for the plaintiff to get the appropriate guardian ad litem appointed by the court for such minor

Apr 20, 2018 sclaw

(2018) AIR(SCW) 459 : (2018) AIR(SC) 459 : (2018) 1 LawHerald(SC) 177 : (2018) 1 Scale 210 SUPREME COURT OF INDIA DIVISION BENCH NAGAIAH — Appellant Vs. CHOWDAMMA (DEAD) BY LRS. — Respondent (…

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Category: C P C

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