C P C Archives - Page 41 of 54 - Supreme Court of India Judgements

March 2, 2026 8:22 pm

Second Appeal—A substantial question of law is not required to be framed if the High Court decides to dismiss the second appeal at an admission stage.

Mar 10, 2018 sclaw

(2016) 2 ALLMR 477 : (2015) 11 JT 371 : (2016) 2 LawHerald 1557 : (2016) 1 LawHerald(SC) 863 : (2016) 2 LawHerald(SC) 949 : (2016) 1 PLR 814 : (2016) 2 RCR(Civil) 994…

C P C

Civil Procedure Code, 1908, S.4(1)–Special or Local Law-Applicability of CPC– Held; whenever there is a special, local, or other law which deals with any matter specified in the Code, those laws will continue to have full force and effect notwithstanding that they deal with the same matter as is contained in the Code of Civil Procedure

Mar 10, 2018 sclaw

(2016) 161 AIC 157 : (2016) AIR(SCW) 1213 : (2016) AIR(SC) 1213 : (2016) AllSCR 1820 : (2016) 1 BBCJ 516 : (2016) 3 CalHCN 126 : (2016) 3 CalHCN…

C P C

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…

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Accident

Motor Vehicles Act, 1988 — Compensation — Deduction of amounts received under Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules, 2006 — Supreme Court clarifies that only benefits directly replacing lost income are deductible from compensation awarded under the Motor Vehicles Act. Other benefits, such as pensions or life insurance, remain unaffected.

Feb 28, 2026 sclaw

I B C

Insolvency and Bankruptcy Code, 2016 — Section 7 — Adjudicating authority must satisfy itself that a financial debt exists and there is a default — Pre-existing dispute is not a bar to admitting an application by a financial creditor under Section 7, unlike in the case of an operational creditor under Section 9.

Feb 28, 2026 sclaw

I B C

Companies Act, 1956 — Insolvency and Bankruptcy Code, 2016 (IBC) — Section 238 (IBC) — Overriding effect of IBC — Scheme of arrangement (SOA) under Companies Act vs. Corporate Insolvency Resolution Process (CIRP) under IBC — Delay and non-compliance with statutory timelines in the SOA process renders it defunct — IBC provisions prevail over inconsistent provisions in other laws — Adjudicating Authority under IBC can initiate CIRP even if SOA proceedings are pending, especially if SOA is defunct.

Feb 28, 2026 sclaw

I B C

Prohibition of Benami Property Transactions Act, 1988 vs. Insolvency and Bankruptcy Code, 2016 — Jurisdiction — Orders passed under Benami Act cannot be questioned before authorities under IBC — NCLT lacks jurisdiction to entertain challenges to provisional attachment orders under Benami Act — Remedy lies exclusively before competent forum under Benami Act — IBC cannot be converted into a parallel appellate forum to review validity of attachment orders under specialised enactment — Doing so would render appellate machinery of Benami Act otiose.

Feb 28, 2026 sclaw

Category: C P C

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