C P C Archives - Page 39 of 52 - Supreme Court of India Judgements

June 21, 2025 5:43 pm

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…

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…

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