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

April 27, 2025 3:22 am

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…

C P C

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,…

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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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