C P C Archives - Page 6 of 51 - Supreme Court of India Judgements

May 12, 2025 2:23 am

Review Petition – There was a total delay of 868 days in preferring the petition for review of order – No explanation for long delay in filing – Review Petition dismissed.

Jul 3, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. DEVIKA KALPESHKUMAR CHAUHAN — Respondent ( Before : B.V. Nagarathna and Manoj Misra, JJ. ) Civil…

C P C

A simple suit for partition cannot be binding on third parties – No party to a suit for partition, even by way of compromise, can acquire any title to any specific item of property or any particular portion of a specific property, if such a compromise is struck only with a few parties to the suit – Allegations of fraud require special pleadings in terms of Order 6 Rule 4 CPC.

Jun 20, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S TRINITY INFRAVENTURES LTD. & ORS. ETC. — Appellant Vs. M.S. MURTHY & ORS. ETC. — Respondent ( Before : V. Ramasubramanian and Pankaj…

C P C

Provincial Small Cause Courts Act, 1887 – Section 17 – Security furnished in the form of the rented shop belonging to a third party cannot be accepted as security in law

May 31, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ARTI DIXIT AND ANOTHER — Appellant Vs. SUSHIL KUMAR MISHRA AND OTHERS — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ. )…

C P C

1924 Sale Deed, 1967 Eviction Suit and 1978 Mutation Proceedings – that ownership rights in respect of an immovable property cannot be decided casually. We are actually left with no other option but to remand these appeals back to the High Court for effective adjudication on merits.

May 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF UTTARAKHAND AND ANOTHER — Appellant Vs. RAVI KUMAR (DECEASED) THROUGH LRS AND OTHERS — Respondent ( Before : Surya Kant and J.K.…

C P C

(CPC) – Section 47 read with Order 21 Rule 97 – – Supreme Court in its discretion does entertain special leave petitions directly from orders of tribunals/courts without the High Court having been approached only in matters where substantial questions of general importance are involved or where a similar issue is pending for its (the Supreme Court’s) consideration.

May 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JINI DHANRAJGIR AND ANOTHER — Appellant Vs. SHIBU MATHEW AND ANOTHER. ETC. — Respondent ( Before : A.S. Bopanna and Dipankar Datta, JJ. )…

C P C Consumer

Civil Procedure Code, 1908 (CPC) – Order 1 Rule 8 – Consumer Protection Act, 2019 – Section 12(1)(c) – there is no question of Order I Rule 8 CPC being complied with as they do not represent the others, particularly when there is no larger public interest involved. Such complainants seek reliefs for themselves and nothing beyond.

May 16, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ALPHA G184 OWNERS ASSOCIATION — Appellant Vs. MAGNUM INTERNATIONAL TRADING COMPANY PVT. LTD. — Respondent ( Before : J.K. Maheshwari and M. M. Sundresh,…

C P C Election Laws

Representation of the People’s Act, 1951 – Ss 13(1)(a) and 100(1)(d)(iv) – (CPC) – Order 7 Rule 11(a) -In absence of material facts constituting cause of action for filing Election petition under Section 100(1)(d)(iv) of the said Act, the Election petition is required to be dismissed under Order VII Rule 11(a) CPC read with Section 13(1)(a) of the RP Act – Election petition dismissed.

May 9, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KANIMOZHI KARUNANIDHI — Appellant Vs. A. SANTHANA KUMAR AND OTHERS — Respondent ( Before : Ajay Rastogi and Bela M. Trivedi, JJ. ) Civil…

C P C

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…

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Service

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

May 6, 2025 sclaw

I B C

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

May 6, 2025 sclaw

Cr P C

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

May 5, 2025 sclaw

Cr P C

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

May 5, 2025 sclaw

Category: C P C

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