C P C Archives - Page 39 of 51 - Supreme Court of India Judgements

April 26, 2025 10:01 am

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)…

C P C

Execution of Decree—Money Decree passed against husband and firm whose proprietress was his wife—Husband had represented himself to be authorized to act on behalf of firm of his wife—Decree held to be executable,

Jan 19, 2018 sclaw

(2017) 173 AIC 214 : (2017) AIR(SCW) 1577 : (2017) 2 AIRJharR 702 : (2017) AIR(SC) 1577 : (2017) AllSCR 798 : (2017) 122 ALR 525 : (2017) 3 ALT…

C P C

Resjudicata—Once identity of the property and the title there of is finally adjudicated in a previous suit, holding that land is situated in a particular survey number, it operates as resjudicata.

Jan 14, 2018 sclaw

(2017) AIR(SCW) 1962 : (2017) AIR(SC) 1962 : (2017) 4 AndhLD 49 : (2017) 2 ApexCourtJudgments(SC) 507 : (2017) 3 BLJud 118 : (2017) 4 HimLR 2195 : (2017) 3…

C P C

Execution of Decree—Part Payment—If the Court does not certify the payment made by the judgment debtor then such payment shall not be recognized by any Court executing the decree for the purpose of giving adjustment to the judgment debtor against the decretal amount.

Jan 4, 2018 sclaw

(2017) AIR(SCW) 3756 : (2017) 4 AIRJharR 103 : (2017) AIR(SC) 3756 : (2017) AllSCR 1612 : (2017) 5 AndhLD 134 : (2017) 3 LawHerald 2503 : (2017) 2 LawHerald(SC)…

C P C

High Court while allowing appellant to withdraw appeal, passed an order of status quo for a period of two weeks–Held; once appeal permitted to be withdrawn, Court become functus offico–It ex facie had no jurisdiction to pass such interim order–Civil Procedure Code, 1908, Order 41 and 23.

Dec 31, 2017 sclaw

2008(1) Law Herald (SC) 494 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 5831 of…

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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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