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

March 14, 2025 7:10 pm

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…

C P C

Leave to defend–Refusal of–Where leave to defend the leave refused in a summary suit, the consequences of passing a decree cannot be avoided. Leave to defend–Refusal of–Where an appeal lies under Section 96 of the Code, ordinarily an application under Article 227 of the Constitution would not be maintainable.

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 476 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. 230 of 2007…

C P C

Mortgage Sale—Mortgaged property could not be sold in execution without an attachment. Mortgage Sale—It is not possible to come to the conclusion that the suit to enforce the equitable mortgage is hit by Order 2 Rule 2 of the Code in view of the earlier suit for recovery of the mid term loan, especially in the context of Order 34 Rule 14 of the Code.

Apr 6, 2017 sclaw

2007(1) LAW HERALD (SC) 353 IN THE Supreme Court of India Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice P.K. Balasubramaniyan Appeal (civil) 175 of 2007 (Arising…

C P C Will & Succession

Remand of case–Reframing of issue–Additional evidence was required to be adduced upon reframing the issue and having regard to the fact that onus of proof was wrongly placed. Will–Question of validity–Could not be ground for remitting the entire suit to Trial Judge upon setting aside the decree of trial Court.

Apr 6, 2017 sclaw

2007(1) LAW HERALD (SC) 303 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. 5813 of 2006…

C P C

Second Appeal–High Court should be slow in reversing finding of facts unless there are compelling reasons for doing so.

Apr 6, 2017 sclaw

2007(1) LAW HERALD (SC) 97 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A. K. Mathur The Hon’ble Mr. Justice C. K. Thakker Appeal (Civil) 822 of…

C P C

Second Appeal–Section 100-A–Civil Procedure Code, does not have retrospective effect.

Apr 6, 2017 sclaw

2007(1) LAW HERALD (SC) 50 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandeya Katju Appeal (Civil) 5838 of 2006…

C P C

Auction–Petition–Without drawing a final decree proceeding, the Court could not have put the property on auction sale Decree–Only a final decree could be put to execution.

Apr 6, 2017 sclaw

2007(1) LAW HERALD (SC) 44 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandeya Katju Appeal (Civil) 5721 of 2006…

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Consumer Limitation

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

Mar 3, 2025 sclaw

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

Category: C P C

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