C P C Archives - Page 43 of 51 - Supreme Court of India Judgements

March 11, 2025 10:20 pm

Additional Evidence at Appellant Stage—Having impleaded the appellants as parties in the first appeal, in terms of Order 41 Rule 27, the High Court ought to have afforded an opportunity to the appellants to adduce oral and documentary evidence and make their submissions

Jun 15, 2017 sclaw

2017(1) Law Herald (SC) 420 : 2016 LawHerald.Qrg 2527 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr Justice R.K, Agrawal The Hon’ble Mrs, Justice R. Banumathi CM! Appeal…

C P C

Written Statement—Legal Representatives are entitled to file additional written statement after their impleadment.

Jun 14, 2017 sclaw

2007(4) LAW HERALD (SC) 3201 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce A.K. Mathur The Hon’ble Mr. Jusitce Markandey Katju Civil Appeal No. 117 of…

C P C

Civil Procedure Code, 1908, O.41 R.27–Additional evidence at appellate stage- Suit for partition—Old document

Jun 11, 2017 sclaw

2016(5) Law Herald (P&H) 3985 (SC) : 2016 LawHerald.Org 1893 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Anil R. Dave The Hon’ble Mr. Justice Adarsh Kumar…

C P C

Second Appeal—Grounds for attacking an order are different from substantial question of law evolved in the appeal.

Jun 11, 2017 sclaw

2016(5) Law Herald (P&H) 3975 (SC) : 2016 LawHerald.Org 1870 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Kurian Joseph The Hon’ble Mr. Justice Rohinton Pali Nariman…

C P C

Remand of case—High court has no jurisdiction to remand case when no party to the appeal had even raised this ground before the first appellate court or/ and the High Court.

Jun 11, 2017 sclaw

2016(5) Law Herald (P&H) 3966 (SC) : 2016 LawHerald.Org 1857 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice J. Chelameswar The Hon’ble Mr. Justice Abhay Manohar Sapre…

C P C

Civil Procedure Code, 1908 (CPC) – Order 1 Rule 10 – Execution of sale deed – Respondent 2 has filed a suit in the Court of Senior Sub-Judge, Jullundur for a declaration that the sale deed allegedly executed by Defendant 1 in favour of Defendant 2 acting as power of attorney of the plaintiff is null and void and consequently the lease deed dated 10-2-1993 is null and void and not binding on the plaintiff

Jun 6, 2017 sclaw

(1998) 8 SCC 466 SUPREME COURT OF INDIA BALDEV SINGH — Appellant Vs. PUNJAB NATIONAL BANK AND OTHERS — Respondent ( Before : A. M. Ahmadii, C.J; Sujata V. Manohar,…

C P C

Civil Procedure Code, 1908 (CPC) – Order 1, Rule 10 Section 24 – Necessary and proper party – Suit filed by landlord against tenant pending at Harihar – Tenant also filed a suit for permanent injunction against landlord

Jun 3, 2017 sclaw

AIR 2000 SC 3567 : (2000) 7 JT 441 : (2002) 9 SCC 689 : (2000) AIRSCW 3658 SUPREME COURT OF INDIA NAGAPPA — Appellant Vs. DODDA BHARAMAPPA AND…

C P C

Execution of sale deed – The appellants/ plaintiffs were non-suited by the High Court on the finding that the sale deed was without consideration executed and registered – The High Court has reversed the decree of the appellate Court and confirmed, though for different reasons, the decree of the trial Court.

Jun 2, 2017 sclaw

(1996) 2 AD 435 : (1996) 1 CTC 360 : (1996) 3 JT 52 : (1996) 2 SCALE 214 : (1996) 2 SCC 624 : (1996) 1 SCR 1152…

C P C

Civil Procedure Code, 1908 (CPC) – Order 6, Rule 17 – Amendment of written statement, in a suit for injunction which was filed on the ground that defendant was a licencee, however the defendant pleading to be lessee

Jun 2, 2017 sclaw

AIR 2000 SC 614 : (2000) 1 CTC 163 : (1999) 10 JT 61 : (2000) 125 PLR 547 : (1999) 7 SCALE 463 : (2000) 1 SCC 712…

C P C

False Statement—Income Tax Officer is a Civil Court—Person making false statement to income tax officer during search/raid—Complaint under S. 195 CrPC is maintainable. False Statement—For a valid complaint under S.I95 of CrPC, the mandate thereof has to be essentially abided.

Jun 1, 2017 sclaw

2016(5) Law Herald (P&H) 3714 (SC) : 2016 LawHerald.Org 2368 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Pinaki Chandra Ghose The Hon’ble Mr. Justice Amitava Roy…

You missed

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

You missed