C P C Archives - Page 9 of 53 - Supreme Court of India Judgements

December 5, 2025 8:11 pm

(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…

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…

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Constitution

Constitution of India, 1950 — Articles 14, 21 — Rights of Persons with Disabilities Act, 2016 (RPwD Act) — Substantive Equality and Inclusion — Scope and Spirit — The measure of a just society demands the removal of barriers for all citizens to realize their potential, transforming formal equality into substantive inclusion — Constitutional vision requires every person, regardless of physical or sensory limitation, to participate with dignity — Rights guaranteed to persons with disabilities are expressions of the constitutional promise of equality, dignity, and non-discrimination, not acts of benevolence. (Paras 1, 12, 13)

Dec 4, 2025 sclaw

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 321 — Withdrawal from prosecution — Requirement of High Court permission for withdrawal of cases against sitting or former MPs/MLAs — Following Ashwini Kumar Upadhyay v. Union of India — High Court must exercise judicial mind and give a reasoned order when considering an application for permission to withdraw prosecution against sitting/former legislators — Application must disclose reasons for withdrawal and records of the case must be before the High Court — Absence of requisite permission from the High Court means that the withdrawal application cannot be granted and the criminal proceedings cannot be quashed on this ground — High Court’s rejection of quashing petition confirmed. (Paras 2, 7, 9, 10)

Dec 4, 2025 sclaw

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 313 — Examination of Accused — Object and Scope — Non-compliance with mandatory requirement — Fair Trial — The object of Section 313 CrPC is to ensure a fair trial by providing the accused with an opportunity to explain all incriminating circumstances appearing in the prosecution evidence against them personally — It is a mandatory, non-negotiable obligation upon the Court and is not a mere formality; it is based on the cardinal principle of natural justice (audi alterum partem) — The statement cannot be the sole basis for conviction and is neither substantive nor a substitute piece of evidence. (Paras 6, 7.1, 7.2)

Dec 3, 2025 sclaw

Property Matters

Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Section 14(1) — Mandamus to acquire land — Power of State Government to acquire land for Slum Rehabilitation Scheme — Preferential Right of Owner — The power of the State Government to acquire land under Section 14 read with Section 3D(c)(i) of the Slum Act is subject to the preferential right of the owner to redevelop the area — Acquisition is not warranted when the owner is willing to undertake development in exercise of their preferential right, and the process must be kept in abeyance until such right is extinguished — No mandamus can be issued to the State Government to acquire the subject property under Section 14 of the Slum Act where the subsequent purchaser from the original owner (Respondent No. 4) has a subsisting preferential right to develop the property. (Paras 63, 64, 71, 72, 77(1))

Dec 3, 2025 sclaw

Category: C P C

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