C P C Archives - Page 47 of 51 - Supreme Court of India Judgements

March 13, 2025 12:48 am

Amendment of written statement—Delay in filing application is no ground for not allowing the prayer.

Apr 22, 2017 sclaw

2007(3) LAW HERALD (SC) 2210 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 2946 of 2007…

C P C

Abatement of appeal–An appeal would abate automatically unless the heirs and legal representatives of a deceased plaintiffs or defendants are brought on record within the period specified. Second appeal—Substantial question of law–When there is misconstruction of a document or wrong application of a principle of law in construing a document, it gives rise to a question of law.

Apr 20, 2017 sclaw

2007(3) LAW HERALD (SC) 1936 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 2206 of 2007…

C P C

Second Appeal–Substantial question of Law–Questions posed are prima facie substantial questions of law which need to be adjudicated.

Apr 19, 2017 sclaw

2007(2) LAW HERALD (SC) 1888 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No.…

C P C

It is settled law that the defendant can raise mutually inconsistent pleadings in the written statement but it is for the Court to consider whether the case can be properly considered in deciding the issue.

Apr 19, 2017 sclaw

(1996) 7 AD 587 : (1996) 8 JT 292 : (1997) 116 PLR 648 : (1996) 7 SCALE 19 : (1996) 11 SCC 690 : (1996) 5 SCR 538 Supp…

C P C

Impleadment of necessary parties–Surplus Land–Without impleading the appellants as parties the impugned order could not have been passed—Matter remitted for fresh consideration

Apr 16, 2017 sclaw

2007(2) LAW HERALD (SC) 1814 IN THE SUPREME COURT OF INDIA Before The Honb’le Mr. Justice Dr. Arijit Pasayat The Honb’le Mr. Justice D.K. Jain Civil Appeal No. 2392…

C P C

Written Statement—Accepted after expiry of time fixed—No reason to justify the acceptance—Matter remitted back.

Apr 16, 2017 sclaw

2007(2) LAW HERALD (SC) 1776 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No.1572…

C P C

Grant of perpetual injunction

Apr 16, 2017 sclaw

(1996) 2 AD 380 : (1996) 3 JT 35 : (1996) 2 SCALE 213 : (1996) 2 SCALE 21 : (1996) 7 SCC 531 : (1996) 2 SCR 255…

C P C

Decree—Execution of—Property situated outside the territorial jurisdiction of the Court which passed the decree—Decree passed to the Court having jurisdiction over the property.

Apr 14, 2017 sclaw

2007(2) LAW HERALD (SC) 1674 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. 2078 of…

C P C

Notice—Send by post—Returned unserved on refusal—Defendant on oath stated he did not received the notice—The same would prevail, unless the postman was examined.

Apr 14, 2017 sclaw

2007(2) LAW HERALD (SC) 1641 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Civil Appeal No. 5130 of…

C P C

Return of Plaint—Territorial Jurisdiction—When suit comes within the purview of section 16(b) and (d) of the code—Section 20 of the code cannot have application.

Apr 14, 2017 sclaw

2007(2) LAW HERALD (SC) 1610 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. 1921 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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