C P C Archives - Page 45 of 51 - Supreme Court of India Judgements

Concurrent findings that even in the absence of seal a conclusion has to be drawn that the licence had been issued by him on behalf of Mandal Panchayat and not on behalf of Municipal Council and therefore it was valid licence. Therefore, High Court wrongly held that licence was bad.

May 14, 2017 sclaw

AIR 2001 SC 2695 : (2001) 4 JT 367 : (2001) 10 SCC 742 : (2001) AIRSCW 2500 : (2001) 4 Supreme 532 SUPREME COURT OF INDIA PADIKAL MADAPPA…

C P C

Wakf Act, 1995 – Sections 6 and 7 – Civil Procedure Code, 1908 – Order 7, Rule 10 – Return of plaint – Wakf property – Ouster of jurisdiction of Civil Court

May 13, 2017 sclaw

(2013) 10 AD 115 : AIR 2014 SC 758 : (2014) 117 CLT 408 : (2013) 4 RCR(Civil) 758 : (2013) 11 SCALE 210 SUPREME COURT OF INDIA BHANWAR LAL…

C P C

Civil Procedure Code, 1908 (CPC) – Section 100 – Second appeal – High Court dismissed the second appeal as no substantial question of law involved

May 13, 2017 sclaw

(2005) 11 JT 93 : (2004) 10 SCALE 267 : (2005) 1 SCC 598 SUPREME COURT OF INDIA SARJAS RAI AND OTHERS — Appellant Vs. BAKSHI INDERJIT SINGH —…

C P C

Civil Procedure Code, 1908 (CPC) – Section – 115 – Ex-parte decree for specific performance – An ex-parte decree for specific performance of an Agreement to Sell was set aside by the Trial Court.

May 11, 2017 sclaw

(2004) 13 SCC 691 SUPREME COURT OF INDIA BHARAT SINGH AND OTHERS — Appellant Vs. NARENDER KUMAR AND OTHERS — Respondent ( Before : R.C. Lahoti, J; G.P. Mathur,…

C P C

Money suit – Leave to defend – Conditional leave granted to defendant by High Court on deposit of Rs. 10 lakhs and furnishing security for a similar amount – Condition modified by Supreme Court

May 10, 2017 sclaw

AIR 1998 SC 2931 : (1997) 10 JT 164 : (1997) 7 SCALE 582 : (1998) AIRSCW 2350 : (1997) 10 Supreme 405 SUPREME COURT OF INDIA RAJESH AHUJA —…

C P C

Interlocutory application–Withdrawal of–Court need not go into the correctness or otherwise of the allegations made by the applicant against the appellants or any other person.

May 9, 2017 sclaw

2007(4) LAW HERALD (SC) 2726 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. 6327…

C P C

Allotment of plot–Conditions of compeletion construction within two years not fulfilled–Plot resumed. Second Appeal–High Court dismissing the application without trying to understand what the suit is for, what was the nature of disposal of the suits by the courts below and what that document implied and what it established–Illegal.

May 7, 2017 sclaw

2007(4) LAW HERALD (SC) 2711 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 3940 of 2007…

C P C

Appeal–In a First Appeal filed under Section 96 CPC, the appellate court can go into questions of fact, whereas in a Second Appeal filed under Section 100 CPC the High Court cannot interfere with the findings of fact of the First Appellate Court, and it is confined only to questions of law.

May 7, 2017 sclaw

2007(4) LAW HERALD (SC) 2650 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 1619-1620 of…

C P C

Restoration of suit—A simple prayer for bringing the legal representatives on record without specifically praying for setting aside of an abatement may in substance be construed as a prayer for setting aside the abatement.

May 7, 2017 sclaw

2007(3) LAW HERALD (SC) 2624 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. 3807 of…

C P C

Res judicata–It is not necessary that all the parties to the two litigations must be common. All that is necessary is that the issue should be between the same parties or between parties under whom they or any of them claim.

May 7, 2017 sclaw

2007(3) LAW HERALD (SC) 2617 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 3907 of…

Concurrent findings that even in the absence of seal a conclusion has to be drawn that the licence had been issued by him on behalf of Mandal Panchayat and not on behalf of Municipal Council and therefore it was valid licence. Therefore, High Court wrongly held that licence was bad.

Wakf Act, 1995 – Sections 6 and 7 – Civil Procedure Code, 1908 – Order 7, Rule 10 – Return of plaint – Wakf property – Ouster of jurisdiction of Civil Court

Civil Procedure Code, 1908 (CPC) – Section 100 – Second appeal – High Court dismissed the second appeal as no substantial question of law involved

Civil Procedure Code, 1908 (CPC) – Section – 115 – Ex-parte decree for specific performance – An ex-parte decree for specific performance of an Agreement to Sell was set aside by the Trial Court.

Money suit – Leave to defend – Conditional leave granted to defendant by High Court on deposit of Rs. 10 lakhs and furnishing security for a similar amount – Condition modified by Supreme Court

Interlocutory application–Withdrawal of–Court need not go into the correctness or otherwise of the allegations made by the applicant against the appellants or any other person.

Appeal–In a First Appeal filed under Section 96 CPC, the appellate court can go into questions of fact, whereas in a Second Appeal filed under Section 100 CPC the High Court cannot interfere with the findings of fact of the First Appellate Court, and it is confined only to questions of law.

Restoration of suit—A simple prayer for bringing the legal representatives on record without specifically praying for setting aside of an abatement may in substance be construed as a prayer for setting aside the abatement.

Res judicata–It is not necessary that all the parties to the two litigations must be common. All that is necessary is that the issue should be between the same parties or between parties under whom they or any of them claim.

You missed

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

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.

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).

Supreme Court of India Judgements

Category: C P C

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