C P C Archives - Page 41 of 51 - Supreme Court of India Judgements

March 11, 2025 4:00 am

Correction of Error in decree–If the Court has the requisite power to make an amendment of the decree, the same would not mean that it had gone beyond the decree or passing any decree. When the suit as to immovable property has been decreed and the property is not definitely identified, the defect in the court record caused by overlooking of provisions contained in Order 7 Rule 3 and Order 20 Rule 3 of the CPC is capable of being cured.

Aug 30, 2017 sclaw

2007(5) LAW HERALD (SC) 3703 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.…

C P C

Suit against Government–Notice–Leave of Court–If leave is refused by the original court, it is open to the superior courts to grant such leave as otherwise in an emergent situation a litigant may be left without remedy once such leave is refused and he is required to wait out the statutory period of two months after giving notice.

Aug 27, 2017 sclaw

2007(5) LAW HERALD (SC) 3655 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. A.R. Lakshmanan The Hon’ble Mr. Justice Altamas Kabir Civil Appeal No. 1451…

C P C

Second Appeal–Whether the lower appellate court was just and proper in throwing the burden against the plaintiff to prove Exhibit agreement of sale executed in his favour–Question cannot be termed as a substantial question of law

Aug 26, 2017 sclaw

2007(5) LAW HERALD (SC) 3630 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 4312 of…

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 sale.

Aug 14, 2017 sclaw

2017(2) Law Herald (P&H) 1572 (SC) : 2017 LawHerald.Org 925 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.K. Agrawal The Hon’ble Mr. Justice Abhay Manohar Sapre…

C P C

Execution of Decree-Limitation-Execution of preliminary decree for Partition-Till partition is carried out and final decree is passed, there is no question of any limitation

Aug 13, 2017 sclaw

2017(2) Law Herald (P&H) 1569 (SC) : 2017 LawHerald.Org 915 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arun Mishra The Hon’ble Mr. Justice Amitava Roy Civil…

C P C

Abetment of Suit—Decree passed by a court for or against dead person is “nullity”.

Aug 13, 2017 sclaw

2017(2) Law Herald (P&H) 1565 (SC) : 2017 LawHerald.Org 910 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.K. Agrawal The Hon’ble Mr. Justice Abhay Manohar Sapre…

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.

Aug 12, 2017 sclaw

2017(2) Law Herald (SC) 1326 : 2017 LawHerald.Org 919 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arun Mishra The Hon’ble Mr. Justice Amitava Roy Civil Appeal…

C P C

Injunction–Dispossession–A person holding the premises gratuitously is not entitled to interim injunction.

Aug 4, 2017 sclaw

2017(1) Law Herald (SC) 323: 2017 LawHerald.Org 588 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Pinaki Chandra Ghose The Hon’ble Mr. Justice Uday Umesh Lalit Civil…

C P C

Injunction–Dispossession–A person holding the premises gratuitously is not entitled to interim injunction.

Aug 2, 2017 sclaw

2017(1) Law Herald (SC) 323 : 2017 LawHerald.Org 588 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Pinaki Chandra Ghose The Hon’ble Mr. Justice Uday Umesh Lalit…

C P C

Rejection of Plaint— An enquiry under O.7 R. 11 CPC can be taken up at any stage.

Jul 19, 2017 sclaw

2017(1) Law Herald (SC) 266 : 2017 LawHerald.Org 520 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Kurian Joseph The Hon’ble Mr. Justice A.M. Khanwilkar Civil Appeal…

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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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