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

April 27, 2025 1:59 am

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…

C P C

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…

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I P C

Defamation — Imputation in Good Faith for Protection of Interests — Exception 9 to S. 499 IPC engrafts the principle of qualified privilege, stating it is not defamation to make an imputation on the character of another, provided it is made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good

Apr 20, 2025 sclaw

Corporate

ESI – The definition of ‘principal employer’ under Section 2(17) is wide and includes not only the owner or occupier of a factory (or head of department in government establishments) but also the managing agent or any person responsible for the supervision and control of the establishment — Designation is immaterial if the person functions as a managing agent or supervises/controls the establishment

Apr 20, 2025 sclaw

Anticipatory Bail

Habitual Offender/Criminal Antecedents — Consideration of Nature of Current Offence — While the criminal antecedents and alleged status of an accused as a habitual offender are extremely relevant factors that ordinarily weigh against the grant of anticipatory bail, the High Court’s discretion in granting such bail may not warrant interference

Apr 20, 2025 sclaw

Circumstantial Evidence I P C

Murder (Filicide) vs. Suicide — In cases based on circumstantial evidence where the question is whether the death was homicidal (filicide) or suicidal, the prosecution must establish a complete chain of circumstances that points exclusively to the guilt of the accused and is inconsistent with any hypothesis of innocence

Apr 20, 2025 sclaw

Category: C P C

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