C P C Archives - Page 47 of 52 - Supreme Court of India Judgements

June 20, 2025 4:08 am

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…

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…

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