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

March 11, 2025 12:17 am

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…

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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…

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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…

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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…

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Wakf— Notified list—If any property had been omitted to be included in the list of auqaf by inadvertence or otherwise, then it was/is for the Wakf Board to take action within a period of one year from the date of publication of the Gazette notification. Rejection of Plaint—If clever drafting of the plaint has created the illusion of a cause of action, the court will nip it in the bud at the earliest so that b of us litigation will end at the earlier stage

Oct 10, 2017 sclaw

2017(2) Law Herald (SC) 1619 : 2017 LawHerald.Org 1043 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.K.Agrawal The Hon’ble Mohan M. Shantanagoudar Civil Appeal No. 5368…

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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.

Oct 10, 2017 sclaw

2017(2) Law Herald (SC) : 2017 LawHerald.Org 1143 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice R. Banumathi Civil Appeal No.8943 of…

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

Sep 30, 2017 sclaw

2017(2) Law Herald (SC) 1532 : 2017 Law Herald.Org 1147 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Arun Mishra Hon’ble Mr. Justice S. Abdul Nazeer C/V/7 Appeal…

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Damages–Court cannot grant damages or compensation on equitable consideration even if the plaintiff was entitled to damages. Issues–High Court could not frame the additional issues of its own which did not arise for consideration in the suit or in the appeal.

Sep 9, 2017 sclaw

2007(5) LAW HERALD (SC) 3858 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. 4341…

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Territorial Jurisdiction–Change of residence subsequent to decision of the Court would not confer territorial jurisdiction in the Court which it did not have.

Sep 6, 2017 sclaw

2007(5) LAW HERALD (SC) 3802 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. 4811 of…

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Civil Procedure Code, 1908, Section 25—Transfer of case—Defamation case—Respondent filed case at Mumbai

Sep 3, 2017 sclaw

2007(5) LAW HERALD (SC) 3753 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice K.G. Balakrishnan The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice V.S.…

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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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