C P C Archives - Page 8 of 52 - Supreme Court of India Judgements

June 30, 2025 10:07 pm

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…

C P C

(CPC) – Or 23 R 3 – Compromise of suit – must be in writing and signed by the parties and there must be a completed agreement between them – To constitute an adjustment, the agreement or compromise must itself be capable of being embodied in a decree.

Apr 4, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRASANTA KUMAR SAHOO AND OTHERS — Appellant Vs. CHARULATA SAHU AND OTHERS — Respondent ( Before : A.S. Bopanna and J.B. Pardiwala, JJ. )…

C P C

Rule 3 of Order 17 of the CPC, also known as Or 17 R 3, gives courts the authority to proceed with a case even if one of the parties fails to provide evidence. This power can significantly limit the options for the losing party to seek justice, and is considered a drastic measure. Therefore, courts should exercise this power only in rare and exceptional situations.

Apr 2, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PREM KISHORE AND OTHERS — Appellant Vs. BRAHM PRAKASH AND OTHERS — Respondent ( Before : Sudhanshu Dhulia and J.B. Pardiwala, JJ. ) Civil…

C P C

It is well settled that even if the decision on a question of law has been reversed or modified by subsequent decision of a superior court in any other case it shall not be a ground for review of such judgment merely because a subsequent judgment of the Single Judge has taken contrary view.

Mar 24, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHRAMJEEVI COOPERATIVE HOUSING SOCIETY LIMITED — Appellant Vs. DINESH JOSHI AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta, JJ.…

C P C

(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.…

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POCSO

Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented by defense, conclusively supported sexual assault, citing perineal tear and abrasions around anus

Jun 29, 2025 sclaw

Joint Family Property Will & Succession

Hindu Succession Act, 1956 — Section 6 (as amended by Amendment Act, 2005) — Retrospective application — Validity of pre-amendment sale deeds — The prohibition contained in the amended Section 6 of the Hindu Succession Act, 1956, does not affect registered sale deeds executed prior to December 20, 2004 (date of introduction of the amending provision) — This principle aligns with the judgment in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1.

Jun 28, 2025 sclaw

Anticipatory Bail Cr P C

Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration.

Jun 28, 2025 sclaw

Cr P C

Social Media Posts — Content-Related Offenses — Retaliatory Action — Quashing of Proceedings — While the court made no final determination on the nature of the petitioner’s social media posts, it acknowledged the petitioner’s counsel’s submission that the tweets were ‘retaliatory’ and were made in response to an incident involving a social media influencer. This assertion formed part of the petitioner’s argument for quashing or consolidating the numerous FIRs, suggesting a motive beyond simple offensive content.

Jun 28, 2025 sclaw

Category: C P C

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