Supreme Court of India Judgements

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Civil Procedure Code, 1908 (CPC) — Section 105(1) — Challenge to interlocutory orders — Rejection of an application under Order 2 Rule 2 CPC does not preclude the party from raising that issue again in an appeal against the final decree, as per Section 105(1) CPC, unless a separate appellate remedy is expressly provided. Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Scope of Inquiry — Limited to prima facie existence of arbitration agreement — Questions like ‘accord and satisfaction’, limitation, dishonesty, frivolity and arbitrability of subject matter are to be left to the arbitral tribunal under Section 16, reflecting the principle of Kompetenz-Kompetenz. Multi-State Cooperative Societies Act, 2002 — Section 64(d) — Investment of funds by Multi-State Co-operative Society (MSCS) — Permitted investments are in subsidiary institutions or institutions in the same line of business — Amendment aimed at preventing misuse of funds and ensuring financial discipline — “Same line of business” requires substantial or predominant sameness in core business activities, determined by MSCS’s bye-laws — Not to be construed expansively. Civil Procedure Code, 1908 (CPC) — Section 47 — Execution of Decree — Executing Court’s Jurisdiction — An executing court must strictly adhere to the terms of the decree and cannot modify or alter it. Its role is limited to giving effect to the decree as it stands, unless the decree is a nullity. Criminal Procedure Code, 1973 (CrPC) — Sections 468, 469, 470, 472, 473 and 341 — Limitation for taking cognizance of offence — Relevant date for computation of period of limitation is date of filing of complaint or date of initiation of criminal proceedings, not date on which Magistrate takes cognizance — Constitution Bench decision in Sarah Mathew v. Institute of Cardio Vascular Diseases [(2014) 2 SCC 62] holds good law.
Civil Procedure Code, 1908 (CPC) — Section 105(1) — Challenge to interlocutory orders — Rejection of an application under Order 2 Rule 2 CPC does not preclude the party from raising that issue again in an appeal against the final decree, as per Section 105(1) CPC, unless a separate appellate remedy is expressly provided.
C P C
Civil Procedure Code, 1908 (CPC) — Section 105(1) — Challenge to interlocutory orders — Rejection of an application under Order 2 Rule 2 CPC does not preclude the party from raising that issue again in an appeal against the final decree, as per Section 105(1) CPC, unless a separate appellate remedy is expressly provided.
Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Scope of Inquiry — Limited to prima facie existence of arbitration agreement — Questions like ‘accord and satisfaction’, limitation, dishonesty, frivolity and arbitrability of subject matter are to be left to the arbitral tribunal under Section 16, reflecting the principle of Kompetenz-Kompetenz.
Arbitration
Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Scope of Inquiry — Limited to prima facie existence of arbitration agreement — Questions like ‘accord and satisfaction’, limitation, dishonesty, frivolity and arbitrability of subject matter are to be left to the arbitral tribunal under Section 16, reflecting the principle of Kompetenz-Kompetenz.
Multi-State Cooperative Societies Act, 2002 — Section 64(d) — Investment of funds by Multi-State Co-operative Society (MSCS) — Permitted investments are in subsidiary institutions or institutions in the same line of business — Amendment aimed at preventing misuse of funds and ensuring financial discipline — “Same line of business” requires substantial or predominant sameness in core business activities, determined by MSCS’s bye-laws — Not to be construed expansively.
Constitution Cooperative Societies
Multi-State Cooperative Societies Act, 2002 — Section 64(d) — Investment of funds by Multi-State Co-operative Society (MSCS) — Permitted investments are in subsidiary institutions or institutions in the same line of business — Amendment aimed at preventing misuse of funds and ensuring financial discipline — “Same line of business” requires substantial or predominant sameness in core business activities, determined by MSCS’s bye-laws — Not to be construed expansively.
Civil Procedure Code, 1908 (CPC) — Section 47 — Execution of Decree — Executing Court’s Jurisdiction — An executing court must strictly adhere to the terms of the decree and cannot modify or alter it. Its role is limited to giving effect to the decree as it stands, unless the decree is a nullity.
C P C
Civil Procedure Code, 1908 (CPC) — Section 47 — Execution of Decree — Executing Court’s Jurisdiction — An executing court must strictly adhere to the terms of the decree and cannot modify or alter it. Its role is limited to giving effect to the decree as it stands, unless the decree is a nullity.
Service Matters
Service

The order of the Odisha Administrative Tribunal, as affirmed by the High Court, directing the State to appoint the applicants as Gardeners is beyond their jurisdiction vested in the High Court as there cannot be any direction for making appointment to the public post in such a manner. Consequently, the appeals are allowed.

Aug 12, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  THE DIRECTOR OF HORTICULTURE, ODISHA — Appellant  Vs.  PRAVAT KUMAR DASH AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta,…

C P C

Civil Procedure Code, 1908 (CPC) – Sections 2(2), 11, 96, Order 41 Rule 22 and Order 41 Rule 33 – Res judicata-Decree is of dismissal of the suit, whereas, the reasons for passing such decree is judgment as defined in Section 2(9) of the Code. In terms of Section 11 read with Explanation I, the issue in a former suit will operate as res judicata only if such issue is raised in a subsequent suit. Since, the issue of title has not attained finality, therefore, it is not a former suit to which there can be any application of Section 11

Aug 12, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  STATE OF ANDHRA PRADESH AND OTHERS — Appellant  Vs.  B. RANGA REDDY (D) BY LRS AND OTHERS — Respondent ( Before : L. Nageswara…

Corporate

SUPREME COURT OF INDIA…….” clear that all questions with regard to the validity of a Trade Mark is required to be decided by the Registrar or the High Court under the 1958 Act or by the Registrar or the IPAB under the 1999 Act and not by the Civil Court. The Civil Court, infact, is not empowered by the Act to decide the said question.”

Aug 11, 2019 sclaw

(2017) AIR(SCW) 5619 : (2017) AIR(SC) 5619 : (2018) 1 ApexCourtJudgments(SC) 543 : (2018) 1 BCR 324 : (2017) 12 JT 577 : (2017) 4 LawHerald(SC) 2838 : (2018) 4…

I P C

Weakness in defence cannot become strength of prosecution, “An accused is not required to establish or prove his defence beyond all reasonable doubt, unlike the prosecution. If the accused takes a defence, which is not improbable and appears likely, there is material in support of such defence, the accused is not required to prove anything further. ” Supreme Court

Aug 9, 2019 sclaw

Weakness in defence cannot become strength of prosecution,  “An accused is not required to establish or prove his defence beyond all reasonable doubt, unlike the prosecution. If the accused takes a defence, which…

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C P C

Civil Procedure Code, 1908 (CPC) — Section 105(1) — Challenge to interlocutory orders — Rejection of an application under Order 2 Rule 2 CPC does not preclude the party from raising that issue again in an appeal against the final decree, as per Section 105(1) CPC, unless a separate appellate remedy is expressly provided.

Apr 12, 2026 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Scope of Inquiry — Limited to prima facie existence of arbitration agreement — Questions like ‘accord and satisfaction’, limitation, dishonesty, frivolity and arbitrability of subject matter are to be left to the arbitral tribunal under Section 16, reflecting the principle of Kompetenz-Kompetenz.

Apr 12, 2026 sclaw
Constitution Cooperative Societies

Multi-State Cooperative Societies Act, 2002 — Section 64(d) — Investment of funds by Multi-State Co-operative Society (MSCS) — Permitted investments are in subsidiary institutions or institutions in the same line of business — Amendment aimed at preventing misuse of funds and ensuring financial discipline — “Same line of business” requires substantial or predominant sameness in core business activities, determined by MSCS’s bye-laws — Not to be construed expansively.

Apr 12, 2026 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Section 47 — Execution of Decree — Executing Court’s Jurisdiction — An executing court must strictly adhere to the terms of the decree and cannot modify or alter it. Its role is limited to giving effect to the decree as it stands, unless the decree is a nullity.

Apr 12, 2026 sclaw