C P C Archives - Page 8 of 51 - Supreme Court of India Judgements

May 14, 2025 1:21 am

(CPC) – Order 9 Rule 9 – If the right of redemption is not extinguished, the provision like Order IX Rule 9 of the CPC will not debar the mortgagor from filing a second suit because as in a partition suit, the cause of action in a redemption suit is a recurring one.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GANESH PRASAD — Appellant Vs. RAJESHWAR PRASAD AND OTHERS — Respondent ( Before : Sudhanshu Dhulia and J.B. Pardiwala, JJ. ) Civil Appeal No.…

C P C

(CPC) – Section 20, Order VII Rule 10 and Order VII Rule 11 – Court cannot lose sight of the ground reality that in most of the civil disputes, half the battle is won through interim orders and do not think that the court should be a party to the practice of allowing a litigant to use one court for the purpose of temporary reliefs and another court for permanent reliefs

Mar 5, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH FUTURE SECTOR LAND DEVELOPERS LLP AND ANOTHER — Appellant Vs. BAGMANE DEVELOPERS PRIVATE LIMITED AND OTHERS ETC. — Respondent ( Before : V. Ramasubramanian…

C P C

Power under section 24 of the CPC can be exercised by the High Court even for inter-State transfer of a suit, appeal or other proceeding, if it is the common High Court for two or more States

Mar 5, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHAH NEWAZ KHAN AND OTHERS — Appellant Vs. STATE OF NAGALAND AND OTHERS — Respondent ( Before : Hrishikesh Roy and Dipankar Datta, JJ.…

C P C

(CPC) – Or 41 R 23 – Evidence Act, 1872 – S 114 – HELD merely because a particular evidence which ought to have been adduced but had not been adduced, the Appellate Court cannot adopt the soft course of remanding the matter – provision is inapplicable because the suit in question had not been disposed of on a preliminary point.

Mar 2, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SIRAJUDHEEN — Appellant Vs. ZEENATH AND OTHERS — Respondent ( Before : Dinesh Maheshwari and Sudhanshu Dhulia, JJ. ) Civil Appeal No. 1491 of…

C P C

An erroneous order may be subjected to appeal before the higher forum but cannot be a subject matter of review under Order 47 Rule 1 CPC.

Feb 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH S. MURALI SUNDARAM — Appellant Vs. JOTHIBAI KANNAN AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil Appeal…

C P C

AIADMK internal conflict – The logic and reasoning of the Division Bench of the High Court stand in accord with law as also the facts of the present case – The facts of the case make it abundantly clear that so far as convening of the meeting is concerned, the same had never been in doubt or in any dispute – The said meeting was indeed convened by the Co-ordinator and Joint Co-ordinator jointly — When Coordinator and Joint Co-ordinator were shown to be not functioning jointly (for whatsoever reason), a functional deadlock came into existence for the party and a workable solution was required to be found

Feb 26, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THIRU K. PALANISWAMY — Appellant Vs. M. SHANMUGAM AND OTHERS — Respondent ( Before : Dinesh Maheshwari and Hrishikesh Roy, JJ. ) Civil Appeal…

C P C

Civil Law – Execution of decree – A Court executing a decree cannot go behind the decree: it must take the decree as it stands, for the decree is binding and conclusive between the parties to the suit.

Feb 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SANWARLAL AGRAWAL AND OTHERS — Appellant Vs. ASHOK KUMAR KOTHARI AND OTHERS — Respondent ( Before : Krishna Murari and S. Ravindra Bhat, JJ.…

C P C

Chhattisgarh Land Revenue Code, 1959 – Section 257 – Jurisdiction of civil court – Bar of jurisdiction – Question whether the purchase by a tribal was a sham and nominal transaction for the benefit of a non-tribal, may not fall exclusively within the jurisdiction of the Revenue Authorities.

Feb 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KHORA (DEAD) THROUGH LEGAL HEIRS AND OTHERS — Appellant Vs. MOHAR SAI AND OTHERS — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal,…

C P C

Power of Attorney – General power of attorney holder cannot delegate his powers to another person but the same can be delegated when there is a specific clause permitting sub-delegation.

Feb 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MITA INDIA PRIVATE LIMITED — Appellant Vs. MAHENDRA JAIN — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Criminal Appeal No.…

C P C

HELD the provisions of Order XXI Rule 84 and 85 of the Code of Civil Procedure, 1908, are mandatory and non-compliance with these provisions renders the sale proceedings null and void – the property shall forthwith be re-sold.

Feb 16, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GAS POINT PETROLEUM INDIA LIMITED — Appellant Vs. RAJENDRA MAROTHI AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…

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Acquittal

Hostile witnesses — Effect — When a large number of witnesses, including eyewitnesses, turn hostile, prosecution case often collapses for want of evidence — While reasons for hostility can be varied (coercion, fear, monetary consideration, etc.), it cannot automatically lead to conviction based on prior S. 161 statements or IO’s testimony about such statements, as these are not substantive evidence — Court’s consternation at collapse of a serious case due to witness hostility cannot be a reason to convict on insufficient or inadmissible evidence, amounting to a moral conviction anathema to criminal jurisprudence.

May 13, 2025 sclaw

State Laws

Sales Tax — Kerala General Sales Tax Act, 1963 (Kerala Act) — Section 5A — Tamil Nadu General Sales Tax Act, 1959 (Tamil Nadu Act) — Section 7A — Purchase Tax — Liability of assessee purchasing goods from dealers exempt from sales tax — Where goods are purchased from dealers who are exempt from payment of sales tax by virtue of notifications or exemptions under the Kerala Act or Tamil Nadu Act, such a purchase is considered a purchase of “goods, the sale or purchase of which is liable to tax” within the meaning of Section 5A of the Kerala Act or Section 7A of the Tamil Nadu Act

May 13, 2025 sclaw

Acquittal Corruption

Prevention of Corruption Act, 1988 — Sections 7, 13(1)(d) r/w S. 13(2) a— Illegal gratification — Demand and Acceptance — Proof beyond reasonable doubt — Where prosecution case regarding demand and acceptance of bribe by public servant (Revenue Inspector) suffered from material contradictions and inconsistencies in evidence of complainant (PW1) and other prosecution witnesses (PW7) Minor discrepancies may not be fatal, but serious contradictions going to root of matter, rendering evidence untrustworthy, are grounds for acquittal.

May 13, 2025 sclaw

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

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