C P C Archives - Page 6 of 50 - Supreme Court of India Judgements

January 22, 2025 6:42 pm

Carriage by Road Act, 2007 – Section 16 – No notice under Section 16 of the Carriage by Road Act, 2007 was necessary for instituting any suit or legal proceedings much less counter-claim against the common carrier for recovering the loss other than the loss of or damage to the consignment

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ESSEMM LOGISTICS — Appellant Vs. DARCL LOGISTICS LIMITED AND ANOTHER — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Civil Appeal…

C P C

Civil Procedure Code, 1908 (CPC) – Order 7 Rule 11 – Rejection of Plaint – Plaint is ought to have been rejected being vexatious, illusory cause of action and barred by limitation and it is a clear case of clever drafting.

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAMISETTY VENKATANNA AND ANOTHER — Appellant Vs. NASYAM JAMAL SAHEB AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…

C P C

(CPC) – Section 151 – Recall of judgment and order – When the law provides a specific remedy, it is not open to a party to take recourse to section 151 – It preserves the inherent powers of the court to do justice in a case where the party has no other remedy under the CPC.

May 4, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF HIMACHAL PRADESH AND OTHERS — Appellant Vs. M/S A.J. INFRASTRUCTURES PVT. LTD AND ANOTHER — Respondent ( Before : S. Ravindra Bhat…

C P C

Power of Attorney – After the death of the original plaintiff, the Power of Attorney executed by him in favour of “V” ceased to have any effect – Though another Power of Attorney was executed in favour of said “V”, it was executed only by the appellant”L” – As such, “V” had no right to file appeal on behalf of the other legal heirs

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH YOGESH NAVINCHANDRA RAVANI — Appellant Vs. NANJIBHAI SAGRAMBHAI CHAUDHARY AND OTHERS — Respondent ( Before : B.R. Gavai and Vikram Nath, JJ. ) Civil…

C P C Constitution

HELD appellants specifically sought liberty to file a case afresh if the need arose. The mere absence of the mention of such liberty in the dismissal order cannot be taken to be a refusal of such prayer by the High Court upon application of mind. There is no indication to that effect in the order itself. Set aside

Apr 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ALI HUSSAIN ISHAQ ALI VOHRA AND OTHERS — Appellant Vs. STATE OF GUJARAT AND OTHERS — Respondent ( Before : Krishna Murari and Sanjay…

C P C

Execution of Compromise decree – Compromise decree could not have been executed unless the Decree Holders were to lose their right of possession, which fact was not a possibility unless such rights stood conclusively determined by the Civil Court.

Apr 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHAIFUDDIN (DEAD) THR. LRS. — Appellant Vs. KANHAIYA LAL (DEAD) THR. LRS. AND OTHERS — Respondent ( Before : Krishna Murari and Sanjay Karol,…

C P C

Limitation Act, 1963 (36 of 1963), Article 136 — Execution of decree – Limitation of 12 years – Cause of action — the limitation period would commence only with the decree becoming enforceable and thus is capable of being executed.

Apr 26, 2023 sclaw

SUPREME COURT OF INDIA Before: Krishna Murari & Sanjay Karol, JJ. Civil Appeal No.11040 of 2013 Decided on: 17.04.2023 Shaifuddin (Dead) thr. Lrs. – Appellant Versus Kanhaiya Lal (Dead) thr.…

C P C

CPC – Order VII R 11 -Merely because there were some inconsistent averments in the plaint, that was not sufficient to come to a conclusion that the cause of action was not disclosed in the plaint. The question was whether the plaint discloses cause of action.

Apr 17, 2023 sclaw

“For dealing with an application under Rule 11 of Order VII of CPC, only the averments made in the plaint and the documents produced along with the plaint are required…

C P C

Appellants have been admitted to be owner of the property being Khasra No. 4833 the findings recorded by the lower Appellate Court as well as the High Court are perverse if considered in the light of two material documents which are in the form of admission of respondents themselves regarding the identity of the property in their possession High court set aside

Apr 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MURTI SHRI DURGA BHAWANI (HETUWALI) TRUST AND ANOTHER — Appellant Vs. SH. DIWAN CHAND (DEAD) THROUGH LRS AND OTHERS — Respondent ( Before :…

C P C

CPC – S 11- Res Judiciata – to apply, the matter directly and substantially in issue in the subsequent suit must be the same matter which was directly and substantially in issue in the former suit & the suit should have been decided on merits and the decision should have attained finality

Apr 4, 2023 sclaw

Code of Civil Procedure – Section 11 – Res judicata- An order closing the proceedings is not final decision of the suit within the meaning of Order 9 Rule 8…

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C P C

High Court cannot pass an interim order in a second appeal under Section 100 of the CPC without first formulating a substantial question of law

Jan 19, 2025 sclaw

Specific Relief Act

When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment

Jan 19, 2025 sclaw

Service

Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list

Jan 17, 2025 sclaw

Arbitration

A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

Jan 12, 2025 sclaw

Category: C P C

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