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

March 10, 2025 5:19 pm

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…

C P C

Second Appeal—Substantial Questions of Law—If the arrangement provided by the High Court would meet the ends of justice and also avoid any further litigation between the parties and without pre-judice to their right of enjoyment of their property, then it would not be necessary to deal with all the substantial question of law.

Feb 11, 2018 sclaw

(2017) 174 AIC 111 : (2017) AIR(SCW) 2358 : (2017) AIR(SC) 2358 : (2017) 122 ALR 863 : (2017) 5 ALT 10 : (2017) 4 AndhLD 171 : (2017) 2…

C P C

Consent decree is a contract between parties with the seal of court super added to it.

Feb 4, 2018 sclaw

2008(1) LAW HERALD (SC) 547 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce S.B. Sinha The Hon’ble Mr. Jusitce Harjit Singh Bedi Civil Appeal No. 4887 of…

C P C

Remand of Case—When the first appellate court itself did not decide the appeal on merits and considered it proper to remand the case to the Trial Court, a fortiori, the High Court had no jurisdiction to decide the appeal on merits.

Feb 1, 2018 sclaw

(2017) 176 AIC 214 : (2017) AIR(SCW) 2402 : (2017) AIR(SC) 2402 : (2017) AllSCR 1270 : (2017) 123 ALR 817 : (2017) 4 AndhLD 180 : (2017) 2 ApexCourtJudgments(SC)…

C P C

Auction Sale—To be set aside only where the material irregularity or fraud, has resulted in causing substantial injury to the judgment-debtor in conducting the safe.

Jan 23, 2018 sclaw

(2017) 174 AIC 98 : (2017) AIR(SCW) 2443 : (2017) AIR(SC) 2443 : (2017) AllSCR 1080 : (2017) 122 ALR 882 : (2017) 3 ALT 55 : (2017) 4 AndhLD…

C P C

Partition—There is no limitation to claim execution of preliminary decree for partition.

Jan 22, 2018 sclaw

(2017) 178 AIC 138 : (2017) AIR(SCW) 2447 : (2017) 3 AIRJharR 336 : (2017) AIR(SC) 2447 : (2017) AllSCR 1073 : (2017) 4 AndhLD 160 : (2017) 2 BBCJ…

C P C

Abetment of Suit—Decree passed by a court for or against dead person is “nullity”.

Jan 20, 2018 sclaw

(2017) 175 AIC 121 : (2017) AIR(SCW) 2419 : (2017) AIR(SC) 2419 : (2017) AllSCR 1185 : (2017) 123 ALR 804 : (2017) 5 AndhLD 14 : (2017) 2 ApexCourtJudgments(SC)…

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Consumer Limitation

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

Mar 3, 2025 sclaw

C P C

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Feb 16, 2025 sclaw

Stamp Act State Laws

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Feb 16, 2025 sclaw

Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

Feb 9, 2025 sclaw

Category: C P C

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