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

February 23, 2025 11:45 am

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…

C P C

Review Petition – There was a total delay of 868 days in preferring the petition for review of order – No explanation for long delay in filing – Review Petition dismissed.

Jul 3, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. DEVIKA KALPESHKUMAR CHAUHAN — Respondent ( Before : B.V. Nagarathna and Manoj Misra, JJ. ) Civil…

C P C

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 – Allegations of fraud require special pleadings in terms of Order 6 Rule 4 CPC.

Jun 20, 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…

C P C

Provincial Small Cause Courts Act, 1887 – Section 17 – Security furnished in the form of the rented shop belonging to a third party cannot be accepted as security in law

May 31, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ARTI DIXIT AND ANOTHER — Appellant Vs. SUSHIL KUMAR MISHRA AND OTHERS — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ. )…

C P C

1924 Sale Deed, 1967 Eviction Suit and 1978 Mutation Proceedings – that ownership rights in respect of an immovable property cannot be decided casually. We are actually left with no other option but to remand these appeals back to the High Court for effective adjudication on merits.

May 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF UTTARAKHAND AND ANOTHER — Appellant Vs. RAVI KUMAR (DECEASED) THROUGH LRS AND OTHERS — Respondent ( Before : Surya Kant and J.K.…

C P C

(CPC) – Section 47 read with Order 21 Rule 97 – – Supreme Court in its discretion does entertain special leave petitions directly from orders of tribunals/courts without the High Court having been approached only in matters where substantial questions of general importance are involved or where a similar issue is pending for its (the Supreme Court’s) consideration.

May 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JINI DHANRAJGIR AND ANOTHER — Appellant Vs. SHIBU MATHEW AND ANOTHER. ETC. — Respondent ( Before : A.S. Bopanna and Dipankar Datta, JJ. )…

C P C Consumer

Civil Procedure Code, 1908 (CPC) – Order 1 Rule 8 – Consumer Protection Act, 2019 – Section 12(1)(c) – there is no question of Order I Rule 8 CPC being complied with as they do not represent the others, particularly when there is no larger public interest involved. Such complainants seek reliefs for themselves and nothing beyond.

May 16, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ALPHA G184 OWNERS ASSOCIATION — Appellant Vs. MAGNUM INTERNATIONAL TRADING COMPANY PVT. LTD. — Respondent ( Before : J.K. Maheshwari and M. M. Sundresh,…

You missed

C P C

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Feb 16, 2025 sclaw

Stamp Act State Laws

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Feb 16, 2025 sclaw

Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

Feb 9, 2025 sclaw

Child Custody

In child custody cases, the lawpoint is that the welfare of the minor child is the paramount consideration, and a Habeas Corpus writ petition is maintainable only when the child’s detention is proven illegal or without legal authority

Feb 9, 2025 sclaw

Category: C P C

You missed