Supreme Court of India Judgements

47080 Judgements hosted as on 05/04/2026 - Search (FREE), Subscribe, Read & Download

Category: C P C

C P C

Civil Procedure Code, 1908, S, 100-Second Appeal-Substantial Question of law-High Court also failed to see that the issue of resjudicata and the issue of ownership were independent issues and the decision on one would not have answered the other one—In other words, both the issues had to be examined independent of each other on their respective merits—It was, however, possible only after framing of substantial questions on both the issues as provided under Section 100(4) and (5) of the Code—This was, however, not done in this case-Case remanded back

Nov 1, 2018 sclaw

2018(3) Law Herald (SC) 2311 : 2018 LawHerald.Org 1519     SUPREME COURT OF INDIA DIVISION BENCH NARAYANA GRAMANI — Appellant Vs. MARIAMMAL — Respondent ( Before : Abhay Manohar Sapre and…

C P C

Partition suit- Trial Court had directed to make the plan depicting respective shares of the parties as part of decree—Held; at the time of passing the judgment and decree, the trial court should have made the said map as a part of the decree so that the partition could have been effected as per the said sketch—No party should be allowed to suffer for the error of the court—In the circumstances, the trial court has rightly made the plan a part of the decree for effecting partition—Impugned order of High Court setting aside order of trial court set aside.                                       

Oct 9, 2018 sclaw

2018(3) Law Herald (SC) 2042 : 2018 LawHerald.Org 1427 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana                                 Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal No.…

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Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 197(1) — Requirement of sanction for prosecution of public servants — Protection under Section 197(1) applies only to public servants who are not removable from office except by or with the sanction of the government — Subordinate police officers not falling under this category are not entitled to the benefit of this protection, even if the alleged offence was committed while acting or purporting to act in the discharge of official duty.

Apr 5, 2026 sclaw
Service

Service Law — Dismissal from Service — Disciplinary Proceedings — Violation of Natural Justice — Requirement of Oral Enquiry — Employer’s Burden of Proof — The Apex Court held that unless the charged employee clearly admits guilt, a disciplinary enquiry must be held — The employer must first present evidence and witnesses, allowing the employee to cross-examine — Only then should the employee be given an opportunity to present their defense — The Court emphasized that relying solely on documents without examining witnesses or making them available for cross-examination when charges are denied, vitiates the enquiry.

Apr 5, 2026 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Order 9 Rule 13 — Setting aside an ex parte decree — A minor who was not properly represented in succession proceedings, despite being a legal heir and known to respondents, can file an application under Order 9 Rule 13 CPC after attaining majority to challenge the ex parte proceedings.

Apr 5, 2026 sclaw
Bail Declined Companies Act

Companies Act, 2013 — Section 185 — Loan to directors — Violation of Section 185 — Loan from company to director for securing bail without special resolution — Deposit of Rs. 50 Crores for bail sourced from company funds without proper approval — Held to be not sustainable in law.

Apr 3, 2026 sclaw