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

August 26, 2025 2:35 am

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…

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…

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Service

Service Law — Employee’s Plea for Mercy — An employee’s statement pleading innocence and seeking forgiveness for any mistake indirectly admits guilt and warrants mercy. Evidence in Departmental Inquiry — Findings in a departmental inquiry are based on preponderance of probabilities, not strict proof beyond reasonable doubt, and the High Court’s view that findings were based on conjecture and surmises was legally unsustainable if evidence supported the findings

Aug 23, 2025 sclaw

Education

Haryana School Education Act, 1995, Section 22 — Civil Court Jurisdiction — Ouster of jurisdiction by statute must be express or implied — Section 22 only ousts jurisdiction where Government or its officers have power to adjudicate — Recovery of fees by a school is not a power conferred on Government/authorities — Civil court jurisdiction not ousted in matters of reasonable fee recovery.

Aug 9, 2025 sclaw

Cr P C I P C

Penal Code, 1860 — Section 498A — Cruelty by husband or relatives of husband — Allegations in FIR were vague, general, and filed one year after admitted separation of the parties — No specific instances of cruelty were mentioned — Criminal proceedings are liable to be quashed. Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Court can quash FIR if allegations, taken at face value, do not constitute any offence — Vague and general allegations of marital discord, without specific instances, do not prima facie constitute an offence under Section 498A IPC.

Aug 9, 2025 sclaw

I P C POCSO

Penal Code, 1860 — Sections 376(2), 450 — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Sexual assault on a minor — Evidence of prosecutrix — Conviction can be based solely on the prosecutrix’s testimony if it inspires confidence — Corroboration of testimony of prosecutrix is not a requirement of law, but a guidance of prudence — Minor contractions or small discrepancies should not be a ground for throwing out the evidence of the prosecutrix.

Aug 9, 2025 sclaw

Category: C P C

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