C P C Archives - Page 5 of 50 - Supreme Court of India Judgements

January 22, 2025 3:28 pm

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,…

C P C Election Laws

Representation of the People’s Act, 1951 – Ss 13(1)(a) and 100(1)(d)(iv) – (CPC) – Order 7 Rule 11(a) -In absence of material facts constituting cause of action for filing Election petition under Section 100(1)(d)(iv) of the said Act, the Election petition is required to be dismissed under Order VII Rule 11(a) CPC read with Section 13(1)(a) of the RP Act – Election petition dismissed.

May 9, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KANIMOZHI KARUNANIDHI — Appellant Vs. A. SANTHANA KUMAR AND OTHERS — Respondent ( Before : Ajay Rastogi and Bela M. Trivedi, JJ. ) Civil…

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C P C

High Court cannot pass an interim order in a second appeal under Section 100 of the CPC without first formulating a substantial question of law

Jan 19, 2025 sclaw

Specific Relief Act

When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment

Jan 19, 2025 sclaw

Service

Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list

Jan 17, 2025 sclaw

Arbitration

A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

Jan 12, 2025 sclaw

Category: C P C

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