C P C Archives - Page 50 of 53 - Supreme Court of India Judgements

November 30, 2025 5:19 am

Written Statement—Accepted after expiry of time fixed—No reason to justify the acceptance—Matter remitted back.

Apr 16, 2017 sclaw

2007(2) LAW HERALD (SC) 1776 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No.1572…

C P C

Grant of perpetual injunction

Apr 16, 2017 sclaw

(1996) 2 AD 380 : (1996) 3 JT 35 : (1996) 2 SCALE 213 : (1996) 2 SCALE 21 : (1996) 7 SCC 531 : (1996) 2 SCR 255…

C P C

Decree—Execution of—Property situated outside the territorial jurisdiction of the Court which passed the decree—Decree passed to the Court having jurisdiction over the property.

Apr 14, 2017 sclaw

2007(2) LAW HERALD (SC) 1674 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 2078 of…

C P C

Notice—Send by post—Returned unserved on refusal—Defendant on oath stated he did not received the notice—The same would prevail, unless the postman was examined.

Apr 14, 2017 sclaw

2007(2) LAW HERALD (SC) 1641 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. 5130 of…

C P C

Return of Plaint—Territorial Jurisdiction—When suit comes within the purview of section 16(b) and (d) of the code—Section 20 of the code cannot have application.

Apr 14, 2017 sclaw

2007(2) LAW HERALD (SC) 1610 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 1921 of…

C P C

Amendment of Pleadings—Courts should be liberal in allowing amendments of pleadings unless serious injustice or irreparable loss is caused to the other side.

Apr 13, 2017 sclaw

2007(2) LAW HERALD (SC) 1594 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice R.V. Raveendaran Civil Appeal No. 2019 of…

C P C

Withdrawal of Suit–Prayer for withdrawal of appeal reserving right to agitate the grievance before appropriate forum refused—Appellant could not have been placed in a worse position—Parties were relegated to the same position to which they had been viz when the Ld. Single Judge dismissed the writ petition.

Apr 13, 2017 sclaw

2007(2) LAW HERALD (SC) 1567 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. 1818…

C P C

Second Appeal—Ordinarily unless there exists a sufficient and cogent reasons, the findings of fact arrived at by the Courts below are binding on the High Court.

Apr 10, 2017 sclaw

2007(2) LAW HERALD (SC) 1442 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. 4409…

C P C

Amendment of pleadings—Delay of—First of all there had to be bonafides on the part of the plaintiff and reasonable explanation for the delay.

Apr 10, 2017 sclaw

2007(2) LAW HERALD (SC) 1399 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Ashok Bhan The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal No. 1700 of…

C P C

Portuguese Civil Procedure Code (CPC) – Article 515, 516 – Possession of the property – The predecessors of the respondents filed a Civil Suit in the Court of Civil Judge for declaration that they are the owners and possessors of the disputed properties –

Apr 10, 2017 sclaw

(1997) 3 JT 651 : (1997) 3 SCALE 31 : (1997) 9 SCC 279 : (1997) 2 SCR 1075 SUPREME COURT OF INDIA KASHINATH S. BANDEKAR AND OTHERS —…

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Constitution I B C

Constitution of India, 1950 — Article 32 — Writ Petition (Criminal) — Seeking registration of FIR and investigation into attempt to influence judicial outcome — Relief for criminal investigation based on disclosure in a judicial order of NCLAT, Chennai Bench — Issues raised are of vital public importance but deemed capable of administrative resolution by Chief Justice of India — Writ Petition treated as a representation to bring material information for consideration of Hon’ble Chief Justice of India, allowing law to take its course — Petition disposed of on administrative treatment of investigation request.

Nov 23, 2025 sclaw

C P C

Civil Procedure Code, 1908 — Order XXI Rule 58 — Execution First Appeal — Partition Suit — Preliminary decree for partition — Inter se bidding — Joint owners (siblings) of property in equal shares (1/3rd each) — Property incapable of physical partition — Disposal of property via inter se bidding — Challenge to High Court order disposing of Execution Appeal on ground of offer matching — Where an offer of Rs.6.25 crores was made by the Appellant (Petitioner) and matched by the Respondents (2/3rd owners), the High Court directed Respondents to pay Appellant’s share after adjusting previous deposit — Supreme Court modified the approach, requiring the Petitioner to deposit 2/3rd of the bid (Rs.4.16 Crores) with Registry to demonstrate genuineness, pending further resolution. (Paras 1, 3, 4, 5, 6 of Order dated 25.9.2025;

Nov 23, 2025 sclaw

Evidence Act

Evidence — Video Conference Deposition — Procedure for Confronting Witness — The Supreme Court clarified and directed that in cases where a witness’s statement is recorded via video conferencing and a previous written statement is to be used for confrontation, a copy of the statement must be transmitted electronically to the witness, and the procedure under Sections 147 and 148 of the Bharatiya Sakshya Adhiniyam (or corresponding sections of the Evidence Act) must be followed to ensure fairness and integrity of the trial. Such directions are issued to avoid procedural irregularities and uphold the principles of fair trial, effective cross-examination, and proper appreciation of evidence.

Nov 23, 2025 sclaw

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 [BNSS Section 528] — Quashing of FIR — Abuse of process — Factual matrix for all offences arose from a single transaction — Compromise accepted as genuine for some offences should equally dilute the foundation of other charges based on the same allegations — Continued prosecution for dacoity after settlement for other offences held unjustified and quashed.

Nov 23, 2025 sclaw

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