C P C Archives - Page 52 of 55 - Supreme Court of India Judgements

April 15, 2026 2:00 pm

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 —…

C P C

Second Appeal–Merely because the Trial Court had occasion to see the witness that cannot be a ground to hold that First Appellate Court had pre-conceived notion.

Apr 10, 2017 sclaw

2007(2) LAW HERALD (SC) 1377 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.…

C P C

Restoration of Suit— Mere fact that the appeal was dismissed on merits could not have been a ground to refuse restoration.

Apr 10, 2017 sclaw

2007(2) LAW HERALD (SC) 1350 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.…

C P C

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 9, 2017 sclaw

2007(2) LAW HERALD (SC) 1340 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’blle Mr. Justice Lokeshwar Singh Panta. Civil Appeal No.…

C P C

Written Statement—Filing of—Period of fling wrongly conveyed—Bonafide Mistake—Time extended

Apr 9, 2017 sclaw

2007(2) LAW HERALD (SC) 1307 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 5809 of…

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Consumer

Consumer Protection Act, 1986 — Section 2(1)(g) — Deficiency in service — Manufacturing defect — Vehicle purchased with manufacturing defect — State Commission awarded refund of purchase price and compensation — High Court modified the order, directing refund of the principal amount without interest or compensation, citing the complainant’s refusal to accept a replacement engine — Appeal partly allowed

Apr 14, 2026 sclaw

Consumer

Consumer Protection Act, 1986 — Sections 21, 22 — Medical Negligence — Burden of Proof — Complainant failed to discharge the burden of proving medical negligence by leading cogent and convincing evidence — Mere assertions or affidavits are insufficient — Dismissed

Apr 14, 2026 sclaw

Consumer

Consumer Protection Act, 1986 — Section 21(b) — Revisional Jurisdiction — Limited scope — Cannot be invoked for setting aside orders based solely on appreciation of facts.

Apr 14, 2026 sclaw

Consumer

Consumer Protection Act, 1986 — Section 2(1)(d)(ii) — Definition of “Consumer” — Commercial Purpose — Bank Guarantees availed for the purpose of facilitating profit generation in a business transaction are not considered to be for a commercial purpose that excludes them from the definition of a consumer under the Act, especially when the dispute concerns the refund of commission for unutilized periods of such guarantees — The dominant purpose test applies, and the specific nature of the dispute regarding service charges makes the complaint maintainable — The interpretation of “commercial purpose” should not exclude disputes related to service charges for financial facilities.

Apr 14, 2026 sclaw

Category: C P C

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