C P C Archives - Page 47 of 48 - Supreme Court of India Judgements

November 30, 2023 11:17 pm

Civil Procedure Code, 1908 (CPC) – Order 21, Rule 52 – Non-compliance – Effect of – Attachment without notice to the court or public officer in whose custody the property was entrusted – Sale without such notice is not void ab initio.

Apr 9, 2017 sclaw

AIR 1958 SC 725 : (1959) 1 SCR 333 SUPREME COURT OF INDIA KANHAIYALAL — Appellant Vs. D.R. BANAJI AND OTHERS — Respondent ( Before : Syed Jaffer Imam, J;…

C P C

Civil Procedure Code, 1908 (CPC) – Order 39, Rule 2(3) – Disobedience of order – Ambiguous order – Susceptibility of order to two possible meanings – A party bona fide acting on his own interpretation cannot be held to have willfully disobeyed the order.

Apr 9, 2017 sclaw

AIR 1961 SC 221 : (1961) 1 SCR 728 SUPREME COURT OF INDIA THE STATE OF BIHAR — Appellant Vs. RANI SONABATI KUMARI — Respondent ( Before : S.…

C P C

Revisional Jurisdiction—Finding of fact not to be interfered by High Court in exercise of its revisional jurisdiction.

Apr 8, 2017 sclaw

2007(2) LAW HERALD (SC) 999 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. 920 of…

C P C

Exparte Decree–Setting aside of–Merely because the learned counsel appearing for the defendants did not take proper care and caution that cannot be a ground to loose sight of the prejudice caused to the plaintiff/respondent.

Apr 8, 2017 sclaw

2007(1) LAW HERALD (SC) 922 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 876 of…

C P C

Auction sale of immovable property–Confirmation of–Only because the sale was confirmed within a period of 30 days from the date of acceptance of bid, the same by itself, was not decisive to set aside the sale after 8 years. Auction sale–Deposit of amount–Term ‘immediately’– Required to be construed as meaning with all reasonable speed, considering the circumstances of the case.

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 631 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. 6129 of 2000…

C P C

Partition–Appellants purchased property from other co-sharer; entitled to be impleaded as necessary party. Decree–Partition–Preliminary decree passed in the absence of necessary party cannot stand.

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 617 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. A.R. Lakshmanan The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal No. 262 of…

C P C

Second Appeal–Substantial question of law–Second appeal–It is essential for the High Court to formulate a substantial question of law and it is not permissible to reverse the judgment of the first appellate Court without doing so.

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 577 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. 301 of…

C P C

Leave to defend–Refusal of–Where leave to defend the leave refused in a summary suit, the consequences of passing a decree cannot be avoided. Leave to defend–Refusal of–Where an appeal lies under Section 96 of the Code, ordinarily an application under Article 227 of the Constitution would not be maintainable.

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 476 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. 230 of 2007…

C P C

Mortgage Sale—Mortgaged property could not be sold in execution without an attachment. Mortgage Sale—It is not possible to come to the conclusion that the suit to enforce the equitable mortgage is hit by Order 2 Rule 2 of the Code in view of the earlier suit for recovery of the mid term loan, especially in the context of Order 34 Rule 14 of the Code.

Apr 6, 2017 sclaw

2007(1) LAW HERALD (SC) 353 IN THE Supreme Court of India Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice P.K. Balasubramaniyan Appeal (civil) 175 of 2007 (Arising…

C P C Will & Succession

Remand of case–Reframing of issue–Additional evidence was required to be adduced upon reframing the issue and having regard to the fact that onus of proof was wrongly placed. Will–Question of validity–Could not be ground for remitting the entire suit to Trial Judge upon setting aside the decree of trial Court.

Apr 6, 2017 sclaw

2007(1) LAW HERALD (SC) 303 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. 5813 of 2006…

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I P C

(CrPC) – Sections 482, 378 and 407 – Penal Code, 1860 (IPC) – Sections 448, 454 and 380 – Theft – Discharge application – When coupled with the fact that the police did not find any offences having been made out against the appellants under Sections 454 and 380, IPC, the case against the appellants under Section 448, IPC finds itself on shaky ground – There is no suspicion, much less strong or grave suspicion that the appellants are guilty of the offence alleged

Nov 29, 2023 sclaw

Service

Promotion by selection through LDCE vis-à-vis competitive examination is a facility or a chance given for out of their promotion without waiting for the normal course of promotion – It in effect is selection through competitive examination within the limited category of candidates and cannot be equated with normal promotion – This being the position, the argument that regular promotion criteria had to be applied with regard to medical fitness even in the matter of selection through LDCE is not acceptable

Nov 29, 2023 sclaw

Education

Right of Children to Free and Compulsory Education Act, 2009 – Section 23(1) – Appointment of teachers for Class I to VIII – Government cannot amend or supersede statutory rules by administrative instructions, but if the rules are silent on any particular point, it can fill up the gaps and supplement the rules and issue instructions not inconsistent with the rules already framed – An authority cannot issue orders/office memorandum/executive instructions in contravention of the statutory rules

Nov 29, 2023 sclaw

I P C

(IPC) – Sections 307, 323 and 324 – Attempt to murder – Intention of the accused can be ascertained from the actual injury, if any, as well as from surrounding circumstances – the injuries on complainant and his mother have been found to be simple in nature, which is an additional point in the appellants’ favour – Only offences under Sections 323 and 324 of the IPC can be made out – Conviction under Section 307, IPC is unsustainable

Nov 29, 2023 sclaw

Category: C P C

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