C P C Archives - Page 38 of 54 - Supreme Court of India Judgements

March 6, 2026 3:51 am

Held, when the plaintiff could be shown the indulgence, the same equity should have been mated out to the appellant (defendant)-Since it was suit for recovery of money-The Court should have put the parties at least to terms and then disposed of the matter on merits-Ex parte Decree set side.

Aug 26, 2018 sclaw

(2017) 100 ACrC 264 : (2017) 175 AIC 263 : (2017) 2 ICC 443 : (2017) 1 LAR 643 : (2017) 1 LawHerald(SC) 746 : (2017) 2 LJR 661 : (2017) 4 LW 283…

C P C

Civil Procedure Code, 1908, O.41 R.23 and O.26 R.9–Remand of Case-Suit for declaration—Claim for ownership and possession in booth sites allotted by society-Having regard to the rival contentions of the parties claiming to be in possession, case remanded to trial court to appoint a Commissioner to get a report as to the location of the disputed sites and their physical features and other relevant facts and decide afresh.

Aug 15, 2018 sclaw

(2017) 174 AIC 62 : (2017) AIR(SCW) 1341 : (2017) AIR(SC) 1341 : (2017) 123 ALR 271 : (2017) 1 ARC 768 : (2017) 1 BBCJ 421 : (2017) 2…

C P C

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…

You missed

Artificial Intelligence Constitution

Artificial Intelligence (AI) — Use in Legal Proceedings — Reliance on AI-generated judgments by a court is a serious matter concerning the integrity of the judicial process — Such judgments, if non-existent or fake, amount to misconduct rather than a simple error of judgment — Supreme Court orders examination of consequences and accountability for such practices — Notice issued to the Attorney General, Solicitor General, and Bar Council of India to address this institutional concern.

Mar 4, 2026 sclaw

Electricity Act

Power Purchase Agreement (PPA) / Power Supply Agreement (PSA) — Interpretation of Contract — Surrounding Circumstances — Evidence Act, 1872, Sections 92, 94, 95 — Contractual terms can be clarified by attending circumstances and conduct of parties, even if contract is reduced to writing, to give meaning to terms that may otherwise be meaningless or unworkable.

Mar 4, 2026 sclaw

Arbitration

Arbitration and Conciliation Act, 1996 — Section 31(7)(a) — Interest awarded by Arbitral Tribunal — Contractual bar — Where a contract expressly prohibits the award of pre-award and pendente lite interest, an Arbitral Tribunal cannot award such interest, even if termed as compensation, as the arbitrator is bound by the terms of the contract.

Mar 4, 2026 sclaw

Corporate Tenders & Contracts

Contract Act, 1872 — Section 133 — Discharge of surety by variance in terms of contract — A variance made without the surety’s consent in the terms of the contract between the principal debtor and the creditor discharges the surety only with respect to transactions occurring subsequent to the variance. The surety remains liable for the original amount guaranteed.

Mar 4, 2026 sclaw

Category: C P C

You missed