C P C Archives - Page 38 of 51 - Supreme Court of India Judgements

April 26, 2025 3:09 pm

Civil Procedure Code, 1908, O.41 R.31— Appeal from original decree-Speaking Order—Held; Judgment of the appellate court has to state the reasons for the decision—It is necessary to make it clear that the approach of the first appellate court while affirming the judgment of the trial Court and reversing the same is founded on different parameters

Mar 18, 2018 sclaw

(2017) 177 AIC 26 : (2017) AIR(SCW) 3591 : (2017) AIR(SC) 3591 : (2017) AllSCR 1828 : (2017) 124 ALR 585 : (2017) 3 ARC 8 : (2017) 3 CGLJ…

C P C

Second Appeal—High Court without admitting second appeal cannot entertain application seeking interim relief.

Mar 11, 2018 sclaw

(2016) 161 AIC 43 : (2016) 161 AIC 265 : (2016) AIR(SCW) 1589 : (2017) 1 AIRJharR 691 : (2016) 2 AirKarR 653 : (2016) AIR(SC) 1589 : (2016) AllSCR…

C P C

Second Appeal—A substantial question of law is not required to be framed if the High Court decides to dismiss the second appeal at an admission stage.

Mar 10, 2018 sclaw

(2016) 2 ALLMR 477 : (2015) 11 JT 371 : (2016) 2 LawHerald 1557 : (2016) 1 LawHerald(SC) 863 : (2016) 2 LawHerald(SC) 949 : (2016) 1 PLR 814 : (2016) 2 RCR(Civil) 994…

C P C

Civil Procedure Code, 1908, S.4(1)–Special or Local Law-Applicability of CPC– Held; whenever there is a special, local, or other law which deals with any matter specified in the Code, those laws will continue to have full force and effect notwithstanding that they deal with the same matter as is contained in the Code of Civil Procedure

Mar 10, 2018 sclaw

(2016) 161 AIC 157 : (2016) AIR(SCW) 1213 : (2016) AIR(SC) 1213 : (2016) AllSCR 1820 : (2016) 1 BBCJ 516 : (2016) 3 CalHCN 126 : (2016) 3 CalHCN…

C P C

Transfer of Property Act, 1881, S.60–Redemption of Mortgage-Under Order 34 CPC, the mortgagor can offer to pay at any time but before confirmation of sale–The sale having been confirmed before institution of the Suit for redemption, no right of redemption of the mortgage survives—Civil Procedure Code, 1908, O.34, R.1.

Mar 7, 2018 sclaw

(2017) 176 AIC 264 : (2017) AIR(SCW) 3069 : (2017) 5 AIRBomR 81 : (2017) AIR(SC) 3069 : (2017) 5 ALLMR 459 : (2017) 124 ALR 200 : (2017)…

C P C

Interlocutory Order—Findings recorded while deciding interlocutory proceeding/ injunction proceedings are prima facie in nature and such findings does not come in the way of disposal on the civil suit on merits.

Mar 2, 2018 sclaw

(2017) 175 AIC 169 : (2017) 122 ALR 869 : (2017) 3 ALT 28 : (2017) 2 ARC 64 : (2017) 2 BBCJ 598 : (2017) 3 BCR 826…

C P C

Second Appeal-Substantial question of law-Surrender of Tenancy—Specific plea taken by the appellant, that the alleged surrender of joint tenancy by Respondent No.1 was a deceitful and fraudulent act not binding on the appellant

Feb 21, 2018 sclaw

(2017) 174 AIC 93 : (2017) 6 ALLMR 462 : (2017) 123 ALR 282 : (2017) 2 ARC 1 : (2017) 2 BBCJ 57 : (2017) 3 BCR 128…

C P C

Modification of Decree—No Decree or Revision shall be reversed or varied substantially on account of non-joinder or misjoinder of parties.

Feb 17, 2018 sclaw

(2017) 173 AIC 86 : (2017) AIR(SCW) 2002 : (2017) AIR(SC) 2002 : (2017) 122 ALR 508 : (2017) 4 AndhLD 81 : (2017) 2 ApexCourtJudgments(SC) 418 : (2017)…

C P C

Substantial Question of Law–Consideration of irrelevant fact and non-consideration of relevant fact would give rise to a substantial question of law Agreement to sell–Substantial Question of Law–Whether the plaintiff was ready and willing to perform its part of contract by itself may not give rise to a substantial question of law

Feb 14, 2018 sclaw

2008(1) LAW HERALD (SC) 669 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil…

C P C

Amendment of plaint –Refusal to permit amendment would create needless complication at the stage of execution, thus amendment allowed.

Feb 14, 2018 sclaw

2008(1) LAW HERALD (SC) 646 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice Aftab Alam Civil Appeal No. 481 of 2008…

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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

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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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