C P C Archives - Page 51 of 52 - Supreme Court of India Judgements

June 19, 2025 4:21 am

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…

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…

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Demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989 are valid even if raised after delivery of goods, unlike punitive charges for overloading which must be recovered before delivery.

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High Court’s power under Section 482 CrPC is limited to determining a prima facie case from the FIR, without appreciating defence evidence or conducting a mini-trial.

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Category: C P C

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