C P C Archives - Page 37 of 51 - Supreme Court of India Judgements

April 26, 2025 8:02 pm

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 (…

C P C

Decree for Partition—Appellant having not challenged the preliminary decree, may challenge the final decree.

Apr 20, 2018 sclaw

(2018) 1 JT 186 : (2018) 1 LawHerald(SC) 171 SUPREME COURT OF INDIA DIVISION BENCH ESABELLA — Appellant Vs. C. THANKARAJAN — Respondent ( Before : Kurian Joseph and Amitava Roy, JJ. )…

C P C

Written statement – CPC Or 8 r 1 and Section 35 — High court remanded case to trial court with subject to payment of costs — Order upheld

Apr 14, 2018 sclaw

(2017) 178 AIC 216 : (2017) 124 ALR 906 : (2017) 3 ARC 348 : (2017) 3 HLT 289 : (2018) 1 ICC 240 : (2017) 4 JCR 313 :…

C P C

Necessary Party—After dismissal of an application for substitution of Legal Representatives under 0,22, R,4 CPC being non-maintainable subsequent passing application under O,1R,10 CPC not be dismissed by applying the principle res judicata

Apr 2, 2018 sclaw

(2017) AllSCR 2259 : (2017) 180 AIC 177 : (2017) 6 ALT 37 : (2017) 3 ApexCourtJudgments(SC) 679 : (2017) 6 BCR 611 : (2017) 4 BLJud 181 :…

C P C

Merely because application was filed u/ s 151 CPC seeking police protection for execution of decree of injunction whereas specific provision for this i.e O.21 R.32 CPC has not been invoked, cannot be a ground to reject the application as non maintainable

Apr 2, 2018 sclaw

(2017) 180 AIC 271 : (2018) 126 ALR 22 : (2017) 3 ARC 7 : (2017) 4 ICC 682 : (2017) 2 LAR 363 : (2017) 3 LawHerald(SC) 2454 : (2017) 4 RCR(Civil)…

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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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