C P C Archives - Page 44 of 51 - Supreme Court of India Judgements

March 12, 2025 11:10 am

Execution of Decree—Limitation for filing an application delivery of possession of property by auction purchaser is one year from the date when the sale becomes absolute and not when the sale was confirmed.

May 31, 2017 sclaw

2017(1) Law Herald (SC) 163 : 2017 LawHerald.Org 514 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.K. Agrawal The Hon’ble Mrs. Justice R. Banumathi Civil Appeal…

C P C

Foreign Decree—Orders passed by Foreign Court—Amounts to a “decree”and same is executable in India.

May 30, 2017 sclaw

2017(1) Law Herald (SC) 146 : 2016 LawHerald.Org 2451 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Sikri The Hon’bie Mr. Justice N.V. Ramana Civil Appeal…

C P C

Civil Procedure Code, 1908 (CPC) – Order 23, Rule 3A – Bar to suit – Suit for Declaration and injunction – Agreement to develop plot of trust and construction of community hall – A sum of Rs. 10,000/- was paid out of a sum of Rs. 3,00,000/- payable as consideration – Categorical finding of fact that earlier suit was filed with the knowledge and consent of all the trustees not disturbed

May 29, 2017 sclaw

(2006) 5 CTC 93 : (2006) 12 JT 69 : (2006) 9 SCALE 174 : (2006) 10 SCC 669 : (2006) 6 SCR 48 Supp SUPREME COURT OF INDIA…

Arbitration C P C

Civil Procedure Code, 1908 (CPC) – Order 3, Rule 1 – Appointment of pleader – Consent by Advocate for appointment of arbitrator despite stand taken by appellants in their written statement – Concession made by Advocate binding on party whom he represents.

May 29, 2017 sclaw

AIR 2006 SC 3335 : (2006) 3 ARBLR 603 : (2006) 12 JT 25 : (2006) 9 SCALE 217 : (2006) 8 SCC 279 : (2006) 6 SCR 93…

C P C

Civil Procedure Code, 1908 (CPC) – Order 39, Rules 1 and 2 – Temporary injunction – Court apart from finding out prima facie case would consider balance of convenience, irreparable injury and a triable issue

May 29, 2017 sclaw

AIR 2006 SC 3275 : (2006) 12 JT 447 : (2006) 9 SCALE 275 : (2006) 8 SCC 367 : (2006) 6 SCR 103 Supp : (2006) AIRSCW 4773…

C P C

Despite service of notice by registered post, defendant did not appear – Court competent to ask defendant to pay portion of decretal amount while setting aside ex parte decree, but condition imposed should not be unreasonable or harshly excessive

May 29, 2017 sclaw

AIR 2007 SC 67 : (2007) 1 CTC 81 : (2006) 12 JT 9 : (2006) 9 SCALE 223 : (2006) 12 SCC 104 : (2006) 7 SCR 163…

C P C

Although, Court has requisite jurisdiction to formulate a substantial question of law at a subsequent stage which was not formulated at the time of admission of second appeal but requirements laid down in Proviso appended to Section 100 are required to be met – High Court did not deal with substantial questions of law formulated at the time of admission at all – Impugned judgment cannot be sustained – Appeal allowed.

May 28, 2017 sclaw

AIR 2009 SC 1481 : (2009) 1 CTC 376 : (2009) 1 JT 244 : (2009) 1 SCALE 89 SUPREME COURT OF INDIA U.R. VIRUPAKSHAIAH — Appellant Vs. SARVAMMA…

C P C

Second Appeal—Substantial question of law—Law summed up.

May 24, 2017 sclaw

2007(4) LAW HERALD (SC) 2953 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 4306 of 2007…

C P C

Civil Procedure Code, 1908 (CPC) – Section 100 – Second appeal – Fact finding that property in question was wakf property – Concurrent finding of Courts below cannot be interfered with in a routine and casual manner by substituting subjective satisfaction –

May 15, 2017 sclaw

(1999) 5 JT 573 : (1999) 4 SCALE 645 : (1999) 6 SCC 343 SUPREME COURT OF INDIA KARNATAKA BOARD OF WAKF — Appellant Vs. ANJUMAN-E-ISMAIL MADRIS-UN-NISWAN — Respondent…

C P C

Transfer petition—The crucial question is whether any part of the cause of action arose within the jurisdiction of the concerned Court.

May 14, 2017 sclaw

2007(4) LAW HERALD (SC) 2826 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Civil Appeal No. 4110 of 2007…

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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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