C P C Archives - Page 46 of 51 - Supreme Court of India Judgements

March 12, 2025 9:13 pm

No prior knowledge – Application for setting aside abatement with condonation of delay filed thereafter – Held that application should have been allowed.

May 7, 2017 sclaw

AIR 2008 SC 1202 : (2008) 3 JT 443 : (2008) 2 SCALE 97 : (2008) 13 SCC 241 : (2008) AIRSCW 1175 : (2008) 1 Supreme 738 SUPREME COURT…

C P C

Partnership Act, 1932 – Sections 2, 18, 19, 22 and 28 – Order to provide security – Defendants disputing the liability as partners of the firm – Disputed amount paid to the firm by cheque which was credited in the account of firm – Even under the Partnership Act prima facie the plaintiff could enforce his claim not only as against the firm but also as against its partners

May 7, 2017 sclaw

AIR 2008 SC 1170 : (2008) 1 CLT 205 : (2008) 1 JT 666 : (2008) 151 PLR 637 : (2008) 2 SCALE 119 : (2008) 2 SCC 724…

C P C

Civil Procedure Code, 1908 (CPC) – Section 34 – Interest – Rate of – Determination of – Quantum of interest a Court may allow in a given case, governed by the facts of the case and not by any precedent unless limited by statute.

May 5, 2017 sclaw

AIR 2003 SC 3411 : (2004) 1 BC 197 : (2003) 2 JT 363 Supp : (2004) 136 PLR 461 : (2003) 8 SCALE 37 : (2003) 11 SCC…

C P C

Civil Procedure Code, 1908 (CPC) – Order 7, Rule 11 – Application for rejection of plaint, such application can be decided by the Court on the basis of averments made in the plaint and for that purpose, filing of written statements by the defendant will not be necessary for exercising such power under Order 7, Rule 11.

Apr 30, 2017 sclaw

AIR 2003 SC 759 : (2003) 1 DMC 166 : (2002) 10 JT 558 : (2003) 1 SCC 557 : (2002) 5 SCR 491 Supp : (2003) 1 UJ…

C P C

Injunction–Since a Bank Guarantee or a Letter of Credit is an independent and a separate contract and is absolute in nature, the existence of any dispute between the parties to the contract is not a ground for issuing an order of injunction to restrain its enforcement of.

Apr 30, 2017 sclaw

2007(3) LAW HERALD (SC) 2481 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterji The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 3522 of 2007…

C P C

Having regard to the fact that the application filed by the plaintiffs permission to sue as an indigent person remained pending for over 10 years–The application moved by the defendant for setting aside the order to proceed ex-parte against it deserved to be allowed.

Apr 29, 2017 sclaw

2007(3) LAW HERALD (SC) 2480 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 3551 of…

C P C

Cause of action–In the restricted sense “cause of action” means the circumstances forming the infraction of the right or the immediate occasion for the reaction. In the wider sense, it means the necessary conditions for the maintenance of the suit, including not only the infraction of the right, but also the infraction coupled with the right itself.

Apr 24, 2017 sclaw

2007(3) LAW HERALD (SC) 2335 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No.…

C P C

Letters Patent–Maintainablity–Decision on the basis of overruled judgment–Matter remanded back.

Apr 24, 2017 sclaw

2007(3) LAW HERALD (SC) 2321 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. 5593 of 1997…

C P C

Order 8, Rule 1 after the amendment casts an obligation on the defendant to file the written statement within 30 days from the date of service of summons on him and within the extended time falling within 90 days. The provision does not deal with the power of the court and also does not specifically take away the power of the court to take the written statement on record though filed beyond the time as provided for.

Apr 22, 2017 sclaw

2007(3) LAW HERALD (SC) 2232 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P.K. Balasubramanyan The Hon’ble Mr. Justice…

C P C Evidence Act

Amendment to plaint—Allowed at belated stage—Since it would enable the Court to pin-pointedly consider the real dispute between the parties.

Apr 22, 2017 sclaw

2007(3) LAW HERALD (SC) 2226 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 2920 of…

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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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