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

March 10, 2025 8:39 pm

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to withdraw appeal, passed an order of status quo for a period of two weeks–Held; once appeal permitted to be withdrawn, Court become functus offico–It ex facie had no jurisdiction to pass such interim order–Civil Procedure Code, 1908, Order 41 and 23.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

C P C

Civil Procedure Code, 1908 S.151–Recalling of Order-Matrimonial dispute and litigation pending between the parties-High Court while passing orders regarding arrears and future maintenance also directed parties would withdraw all pending cases-Respondent objected

Dec 30, 2017 sclaw

(2017) 173 AIC 161 : (2017) AIR(SCW) 1751 : (2017) AIR(SC) 1751 : (2017) AllSCR(Crl) 366 : (2017) 123 ALR 241 : (2017) CriLR 196 : (2017) 2 JCR 63…

C P C

Execution of Decree—Limitation for filling an application delivery of possession of property by auction purchaser is one year from the date when the sale becomes absolute and when the was confirmed.

Dec 25, 2017 sclaw

(2017) 171 AIC 161 : (2017) AIR(SCW) 498 : (2017) AIR(SC) 498 : (2017) AllSCR 222 : (2017) 121 ALR 248 : (2017) 2 ALT 1 : (2017) 2 AndhLD…

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.

Dec 16, 2017 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

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.

Dec 16, 2017 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

Cause of Action–It means a right to sue–It consists of material facts which are imperative for the plaintiff to allege and prove to succeed in the suit. Cause of Action–Agreement clause provides that a suit would lie in a court within the local limits of whose jurisdiction the cause of action has arisen, wholly or partly–Contention that as the agreement was executed in Hong Kong and hence suit could have been filed only in that country–Contention rejected. Costs–Imposition of the costs is the discretion of the Court concerned.

Dec 1, 2017 sclaw

2008(1) LAW HERALD (SC) 288 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Altamas Kabir Civil Appeal No. 5751 of 2007…

C P C

Execution of Decree—Suit for possession—Application for demarcation of land is not maintainable before executing court.

Nov 4, 2017 sclaw

2017(3) Law Herald (P&H) 2073 (SC) : 2017 Law Herald.Org 1147 IN THE SUPREME COURT OF INDIA Before Hon’bie Mr. Justice Arun Mishra Hon’ble Mr. Justice S. Abdul Nazeer Civil…

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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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