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

March 15, 2025 7:52 pm

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. )…

C P C

Recovery of possession – A case where the owner of the land filed suit for recovery of possession of his land from the encroacher and once he establishes his title, merely because some structures are erected by the opposite party

Feb 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BAINI PRASAD (D) THR. LRS. — Appellant Vs. DURGA DEVI — Respondent ( Before : B.R. Gavai and C.T. Ravikumar, JJ. ) Civil Appeal…

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Code of Civil Procedure, 1908 – Order 9 Rule 13 – Provincial Small Cause Courts Act, 1887 – Section 17 – Prayer to set aside ex parte decree could not have been denied for want of further deposit in terms of the decree in question – Appeal allowed.

Feb 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHYAM KUMAR GUPTA AND OTHERS — Appellant Vs. SHUBHAM JAIN — Respondent ( Before : Dinesh Maheshwari and Bela M. Trivedi, JJ. ) Civil…

C P C

(CPC) – Order 21 – Execution of decree and order – HELD in cases where amounts are deposited with the office / registry of the court / tribunal, that such amounts should mandatorily be deposited in a bank or some financial institution, to ensure that no loss is caused in the future

Feb 9, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH K.L. SUNEJA AND ANOTHER — Appellant Vs. DR. (MRS.) MANJEET KAUR MONGA (D) THROUGH HER LR AND ANOTHER — Respondent ( Before : M.R.…

C P C Corporate

Injunction – While passing an order of injunction, the Courts are required to be guided by the principles of prima facie case, balance of convenience and irreparable injury – A blanket order directing maintenance of status quo in respect of the all 11 properties admeasuring 115 acres is not justified

Jan 29, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DEVELOPER GROUP INDIA PRIVATE LIMITED — Appellant Vs. SURINDER SINGH MARWAH AND OTHERS — Respondent ( Before : B.R. Gavai and Vikram Nath, JJ.…

C P C

The death of one of the partners does not foreclose the continuation of the civil proceedings initiated by the firm

Jan 1, 2023 sclaw

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SURYA KANT; J., J.K. MAHESHWARI; J. DECEMBER 16, 2022. CIVIL APPEAL No.9292 OF 2022 (Arising out of SLP(C)No.7734 of 2020) SUMER…

C P C

Order 33 Rule 1, 5 CPC – HELD when having prima facie found that the plaint does not disclose any cause of action and the suit is barred by res judicata it cannot be said that the learned Trial Court committed any error in rejecting the application to sue as indigent persons.

Dec 4, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SOLOMON SELVARAJ AND OTHERS — Appellant Vs. INDIRANI BHAGAWAN SINGH AND OTHERS — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ. )…

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Consumer Limitation

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

Mar 3, 2025 sclaw

C P C

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Feb 16, 2025 sclaw

Stamp Act State Laws

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Feb 16, 2025 sclaw

Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

Feb 9, 2025 sclaw

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