C P C Archives - Page 49 of 52 - Supreme Court of India Judgements

June 19, 2025 3:04 pm

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…

C P C

Amendment of Pleadings—Courts should be liberal in allowing amendments of pleadings unless serious injustice or irreparable loss is caused to the other side.

Apr 13, 2017 sclaw

2007(2) LAW HERALD (SC) 1594 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice R.V. Raveendaran Civil Appeal No. 2019 of…

C P C

Withdrawal of Suit–Prayer for withdrawal of appeal reserving right to agitate the grievance before appropriate forum refused—Appellant could not have been placed in a worse position—Parties were relegated to the same position to which they had been viz when the Ld. Single Judge dismissed the writ petition.

Apr 13, 2017 sclaw

2007(2) LAW HERALD (SC) 1567 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. 1818…

C P C

Second Appeal—Ordinarily unless there exists a sufficient and cogent reasons, the findings of fact arrived at by the Courts below are binding on the High Court.

Apr 10, 2017 sclaw

2007(2) LAW HERALD (SC) 1442 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. 4409…

C P C

Amendment of pleadings—Delay of—First of all there had to be bonafides on the part of the plaintiff and reasonable explanation for the delay.

Apr 10, 2017 sclaw

2007(2) LAW HERALD (SC) 1399 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Ashok Bhan The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal No. 1700 of…

C P C

Portuguese Civil Procedure Code (CPC) – Article 515, 516 – Possession of the property – The predecessors of the respondents filed a Civil Suit in the Court of Civil Judge for declaration that they are the owners and possessors of the disputed properties –

Apr 10, 2017 sclaw

(1997) 3 JT 651 : (1997) 3 SCALE 31 : (1997) 9 SCC 279 : (1997) 2 SCR 1075 SUPREME COURT OF INDIA KASHINATH S. BANDEKAR AND OTHERS —…

C P C

Second Appeal–Merely because the Trial Court had occasion to see the witness that cannot be a ground to hold that First Appellate Court had pre-conceived notion.

Apr 10, 2017 sclaw

2007(2) LAW HERALD (SC) 1377 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

Restoration of Suit— Mere fact that the appeal was dismissed on merits could not have been a ground to refuse restoration.

Apr 10, 2017 sclaw

2007(2) LAW HERALD (SC) 1350 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

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 9, 2017 sclaw

2007(2) LAW HERALD (SC) 1340 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’blle Mr. Justice Lokeshwar Singh Panta. Civil Appeal No.…

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