C P C Archives - Page 5 of 51 - Supreme Court of India Judgements

May 11, 2025 1:56 am

Civil Procedure Code, 1908 (CPC) – Order 17 Rule 2 – Procedure if parties fail to appear on day fixed – Where the evidence or a substantial portion of the evidence of any party has already been recorded and such party fails to appear on any day to which the hearing of the suit is adjourned, the Court would be at liberty to proceed with the case as if such party were present

Aug 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH Y.P. LELE — Appellant Vs. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD. AND OTHERS — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, JJ.…

C P C

Only determinations which are fundamental would result in the application of the doctrine of res judicata – Any determination, despite being deliberate or formal, cannot give rise to application of the doctrine of res judicata if they are not fundamental in nature – Term ‘resumption’ not be conflated with the term ‘acquisition’ as employed within the meaning of Article 300A of the Constitution so as to create a right to compensation.

Aug 6, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH YADAIAH AND ANOTHER — Appellant Vs. STATE OF TELANGANA AND OTHERS — Respondent ( Before : Surya Kant and J.K Maheshwari, JJ. ) Civil…

C P C

HELD – Taking into account the distance of the court where the case sought to be transferred is pending and the place where the petitioner-wife is presently residing, we are inclined to allow the captioned transfer petition. Consequently, Transfer Petition is allowed.

Jul 31, 2023 sclaw

1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO.973 OF 2023 POONAM ANKUR PAWAR … Petitioner VERSUS ANKUR ASHOKBHAI PAWAR … Respondent O R D…

C P C

Valuation for the purpose of jurisdiction of suit – Once the plaintiff exercises his option and values his claim for the purpose of court fees, that determines the value for jurisdiction – Value for court fees and the value for jurisdiction must no doubt be the same in such cases; but it is the value for court fees stated by the plaintiff that is of primary importance.

Jul 31, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH B.P. NAAGAR AND OTHERS — Appellant Vs. RAJ PAL SHARMA — Respondent ( Before : C.T. Ravikumar and Sudhanshu Dhulia, JJ. ) Civil Appeal…

C P C

Civil Procedure Code, 1908 (CPC) – Section 100 – Second Appeal – Substantial questions of law – In appeals arising out of the state of Punjab or the State of Haryana, courts are not required to frame substantial questions of law as per section 100 of CPC.

Jul 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GURBACHAN SINGH (DEAD) THROUGH LRS — Appellant Vs. GURCHARAN SINGH (DEAD) THROUGH LRS AND OTHERS — Respondent ( Before : Abhay S. Oka and…

C P C

An error which is not self-evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on the face of the record justifying the Court to exercise its power of review

Jul 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ARUN DEV UPADHYAYA — Appellant Vs. INTEGRATED SALES SERVICE LTD. AND ANOTHER — Respondent ( Before : B.R. Gavai and Vikram Nath, JJ. )…

C P C

Civil Procedure Code, 1908 (CPC) – Order 41 Rule 22 – Cross-Objections – In circumstance wherein the cross objections filed by the appellant therein was not considered by the court of first appeal, matter must be remanded to the High Court.

Jul 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DHEERAJ SINGH AND OTHERS — Appellant Vs. GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY & OTHERS — Respondent ( Before : Krishna Murari and Bela M.…

C P C

Right to repurchase in sale deed – Condition of right to repurchase in sale deed will not be personal to the vendor unless the terms in the documents specifically state so – Such a right can always be assigned and the contract containing such condition shall be enforceable.

Jul 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH INDIRA DEVI — Appellant Vs. VEENA GUPTA AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Civil Appeal…

C P C

An error on the face of record must be such an error which, mere looking at the record should strike and it should not require any long-drawn process of reasoning

Jul 16, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ARUN DEV UPADHYAYA — Appellant Vs. INTEGRATED SALES SERVICE LTD. AND ANOTHER — Respondent ( Before : B.R. Gavai and Vikram Nath, JJ. )…

C P C

Suit for partition – A simple suit for partition cannot be binding on third parties – No party to a suit for partition, even by way of compromise, can acquire any title to any specific item of property or any particular portion of a specific property, if such a compromise is struck only with a few parties to the suit.

Jul 11, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S TRINITY INFRAVENTURES LTD. & ORS. ETC. — Appellant Vs. M.S. MURTHY & ORS. ETC. — Respondent ( Before : V. Ramasubramanian and Pankaj…

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Service

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

May 6, 2025 sclaw

I B C

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

May 6, 2025 sclaw

Cr P C

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

May 5, 2025 sclaw

Cr P C

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

May 5, 2025 sclaw

Category: C P C

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