C P C Archives - Page 49 of 51 - Supreme Court of India Judgements

April 26, 2025 10:01 am

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.…

C P C

Written Statement—Filing of—Period of fling wrongly conveyed—Bonafide Mistake—Time extended

Apr 9, 2017 sclaw

2007(2) LAW HERALD (SC) 1307 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 5809 of…

C P C

Written Statement–Amendment of–Courts should be liberal in granting the prayer for amendment of pleadings unless serious injustice or irreparable loss is caused to the other side.

Apr 9, 2017 sclaw

2007(2) LAW HERALD (SC) 1281 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Withdrawal of Suits–When the court allows the suit to be withdrawn without liberty to file a fresh suit–It cannot debar the petitioners from taking the defence in the second round of litigation.

Apr 9, 2017 sclaw

2007(2) LAW HERALD (SC) 1276 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. 5107 of…

C P C

Misjoinder of plaintiffs or misjoinder of cause of action—Objection as to— It is a procedural objection and it is not a bar to the entertaining of the suit or the trial and final disposal of the suit. Misjoinder of plaintiffs or misjoinder of cause of action—Held; By no stretch of imagination such a defective suit be held to be barred by any law.

Apr 9, 2017 sclaw

2007(2) LAW HERALD (SC) 1263 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice P.K. Balasubramaniyan Civil Appeal No.446 of 2007…

C P C

Civil Procedure Code, 1908, Order 37, Rule 1—Leave to defend—Legal position summarised

Apr 9, 2017 sclaw

2007(2) LAW HERALD (SC) 1201 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. 1344…

C P C

Attachment of property—Only that portion of the property is to be attached proceeds of which would satisfy the claim of decree holder.

Apr 9, 2017 sclaw

2007(2) LAW HERALD (SC) 1192 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 576…

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I P C

Defamation — Imputation in Good Faith for Protection of Interests — Exception 9 to S. 499 IPC engrafts the principle of qualified privilege, stating it is not defamation to make an imputation on the character of another, provided it is made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good

Apr 20, 2025 sclaw

Corporate

ESI – The definition of ‘principal employer’ under Section 2(17) is wide and includes not only the owner or occupier of a factory (or head of department in government establishments) but also the managing agent or any person responsible for the supervision and control of the establishment — Designation is immaterial if the person functions as a managing agent or supervises/controls the establishment

Apr 20, 2025 sclaw

Anticipatory Bail

Habitual Offender/Criminal Antecedents — Consideration of Nature of Current Offence — While the criminal antecedents and alleged status of an accused as a habitual offender are extremely relevant factors that ordinarily weigh against the grant of anticipatory bail, the High Court’s discretion in granting such bail may not warrant interference

Apr 20, 2025 sclaw

Circumstantial Evidence I P C

Murder (Filicide) vs. Suicide — In cases based on circumstantial evidence where the question is whether the death was homicidal (filicide) or suicidal, the prosecution must establish a complete chain of circumstances that points exclusively to the guilt of the accused and is inconsistent with any hypothesis of innocence

Apr 20, 2025 sclaw

Category: C P C

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