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

April 7, 2025 2:07 am

Withdrawal of Suits–When the court allows the suit to be withdrawn without liberty to file a fresh suit–It cannot debar the petitioners from taking the defence in the second round of litigation.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…

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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…

C P C

Execution of Decree—Executing Court was required to act within the bounds of the decree and not travel beyond it or to widen its scope without invocation of the provisions of Section 47 of the Code of Civil Procedure.

Apr 9, 2017 sclaw

2007(2) LAW HERALD (SC) 1101 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.R. Lakshmanan The Hon’ble Mr. Justice Altamas Kabir Civil Appeal No. 1220 of 2007 (Arising…

C P C

Civil Procedure Code, 1908 (CPC) – Section 107 – Interference with finding of fact – Considerations for – The rule of practice is that where the evidence is conflicting and decision hinges upon the credibility of witnesses, the appellate court should not interfere with finding of civil Court on question of fact.

Apr 9, 2017 sclaw

AIR 1951 SC 120 : (1950) 1 SCR 781 SUPREME COURT OF INDIA SARJU PERSHAD — Appellant Vs. RAJA JWALESHWARI PRATAP NARAIN SINGH AND OTHERS — Respondent ( Before…

C P C

Contract Act, 1872 – Sections 17 and 23 – Fraudulent terms – Avoidance of creditor – Rules of Voluntary Provident Fund Trust providing that in case of insolvency of subscriber, the property standing to his credit will vest in the Trust and not the Official Receiver – Such clause if allowed would be fraud perpetrated on insolvency law and therefore is not valid or binding.

Apr 9, 2017 sclaw

AIR 1956 SC 336 : (1956) 2 LLJ 215 : (1956) 1 SCR 100 SUPREME COURT OF INDIA MUKTI LAL AGARWALA — Appellant Vs. TRUSTEES OF THE PROVIDENT FUND…

C P C

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…

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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.

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

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

Execution of Decree—Executing Court was required to act within the bounds of the decree and not travel beyond it or to widen its scope without invocation of the provisions of Section 47 of the Code of Civil Procedure.

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.

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.

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

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Category: C P C

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