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

April 26, 2025 9:11 pm

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…

C P C

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…

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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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