C P C Archives - Page 40 of 51 - Supreme Court of India Judgements

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…

C P C

Jurisdiction–Supreme Court may decline to exercise its jurisdiction, although it would be lawful to do so. Report of commissioner–Report of commissioner is a part of record and it is to be treated as evidence in the suit.

Oct 30, 2017 sclaw

2008(1) Law Herald (SC) 123 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. 5945…

C P C

Compensation—Enhanced by reference Court, affirmed by High Court without assigning any reason—Matter remitted back. Appeals from original decree—Contents, to be in judgment—Enumerated

Oct 22, 2017 sclaw

2008(1) Law Herald (SC) 55 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice G.S. Singhvi Civil Appeal Nos. 2108-2194 of 2003…

C P C

Second Appeal–Substantial question of law–Before High Court the substantial question of law formulated did not arise out of the orders of courts below–Impugned judgment cannot be maintained.

Oct 19, 2017 sclaw

2007(5) LAW HERALD (SC) 4122 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 497-498 of…

C P C

Exparte decree–Setting aside of–Limitation–Required to establish that either no summons was served on him or he had sufficient cause for remaining absent on the date fixed for hearing the suit ex parte.

Oct 17, 2017 sclaw

2007(5) LAW HERALD (SC) 4096 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. 4881…

Category: C P C

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