C P C Archives - Page 50 of 51 - Supreme Court of India Judgements

April 20, 2025 3:38 pm

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…

C P C

Exparte Decree–Setting aside of–Merely because the learned counsel appearing for the defendants did not take proper care and caution that cannot be a ground to loose sight of the prejudice caused to the plaintiff/respondent.

Apr 8, 2017 sclaw

2007(1) LAW HERALD (SC) 922 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 876 of…

C P C

Auction sale of immovable property–Confirmation of–Only because the sale was confirmed within a period of 30 days from the date of acceptance of bid, the same by itself, was not decisive to set aside the sale after 8 years. Auction sale–Deposit of amount–Term ‘immediately’– Required to be construed as meaning with all reasonable speed, considering the circumstances of the case.

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 631 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. 6129 of 2000…

C P C

Partition–Appellants purchased property from other co-sharer; entitled to be impleaded as necessary party. Decree–Partition–Preliminary decree passed in the absence of necessary party cannot stand.

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 617 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. A.R. Lakshmanan The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal No. 262 of…

C P C

Second Appeal–Substantial question of law–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 7, 2017 sclaw

2007(1) LAW HERALD (SC) 577 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. 301 of…

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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

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