C P C Archives - Page 45 of 52 - Supreme Court of India Judgements

June 20, 2025 5:38 pm

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…

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…

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Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation

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C P C Railways Act

Demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989 are valid even if raised after delivery of goods, unlike punitive charges for overloading which must be recovered before delivery.

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Cr P C

High Court’s power under Section 482 CrPC is limited to determining a prima facie case from the FIR, without appreciating defence evidence or conducting a mini-trial.

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Category: C P C

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