Code of Civil Procedure (CPC) : Important Supreme Court Judgments In 2024
1 week ago

Code of Civil Procedure (CPC) : Important Supreme Court Judgments In 2024

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Order 8 Rule 10 CPC | Suit Can't Be Decreed Merely On Defendant's Failure To File Written Statement If Plaintiff's Case Isn't Proved : Supreme CourtCase Title: ASMA LATEEF & ANR. Order 8 Rule 10 CPC | Suit Can't Be Decreed Merely On Defendant's Failure To File Written Statement If Plaintiff's Case Isn't Proved : Supreme Court Case Title: ASMA LATEEF & ANR. Order 23 Rule 3 CPC | Only Remedy Against Compromise Decree Is Recall Application Before Court Which Recorded Compromise : Supreme Court Case Title: NAVRATAN LAL SHARMA VERSUS RADHA MOHAN SHARMA & ORS., Citation : 2024 LiveLaw 985 The Supreme Court ruled that if the compromise entered between the parties was not adhered to, there is no bar to filing a recall application seeking restoration of the proceedings under Order 23 Rule 3 of the Code of Civil Procedure, 1908. Suit For Specific Performace Of Agreement To Sell To Be Filed In Court Having Jurisdiction Over Property : Supreme Court Case Title: ROHIT KOCHHAR Vs. VIPUL INFRASTRUCTURE DEVELOPERS LTD. & ORS., Citation : 2024 LiveLaw 951 The Supreme Court held that a suit for specific performance of an agreement to sell must be instituted in the Court within whose local jurisdiction the property -which is the subject of the agreement- was situated as per Section 16 of the Code of Civil Procedure, 1908. Order 41 Rule 31 CPC | Omission To Separately Frame Issues Not Fatal If Appellate Court Has Otherwise Dealt With Them : Supreme Court Case Title: Mrugendra Indravadan Mehta and Others Versus Ahmedabad Municipal Corporation, Citation : 2024 LiveLaw 369 The Supreme Court held that an omission to frame points of determination by the first appellate court as per Order 41 Rule 31 of the Code of Civil Procedure, 1908 would not prove fatal as long as that first appellate court dealt with all the issues that arise for deliberation in the said appeal.

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Supreme Court Annual Digest 2024- Code Of Civil Procedure (CPC)
3 days, 1 hour ago

Supreme Court Annual Digest 2024- Code Of Civil Procedure (CPC)

Live Law  

SUPREME COURT ANNUAL DIGEST 2024 - CODE OF CIVIL PROCEDURE, 1908 Section 9 and Order 7 Rule 1 - Jurisdictional Fact and Maintainability of Suit - The issue of maintainability of a suit pertains to the jurisdiction of the trial court and strikes at the root of the proceedings under Order VII Rule 1, CPC. Shri Mukund Bhavan Trust v. …

Civil Procedure Code | Appellate Court Can't Create New Case For Parties & Frame Issues Without Following Order XLI : Supreme Court
4 months, 1 week ago

Civil Procedure Code | Appellate Court Can't Create New Case For Parties & Frame Issues Without Following Order XLI : Supreme Court

Live Law  

Recently, the Supreme Court held that the Courts at the Appellate stage of civil suits cannot create a new case for the parties while framing such additional issues that were never raised in the pleadings of the parties. “It is well-settled principle of law that the Court cannot create any new case at the appellate stage for either of the …

Supreme Court Biannual Digest 2022 - 2023 [Code Of Civil Procedure, 1908]
6 months ago

Supreme Court Biannual Digest 2022 - 2023 [Code Of Civil Procedure, 1908]

Live Law  

The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. Ltd. v. Vinita Mehta, 2022 LiveLaw 564 : 7 SCC 678 Section 96, 105 and Order IX Rule 13 - The appellant, while challenging ex parte decree by filing an appeal, can always point …

Order 41 Rule 31 CPC | Omission To Separately Frame Issues Not Fatal If Appellate Court Has Otherwise Dealt With Them : Supreme Court
7 months, 4 weeks ago

Order 41 Rule 31 CPC | Omission To Separately Frame Issues Not Fatal If Appellate Court Has Otherwise Dealt With Them : Supreme Court

Live Law  

The Supreme Court held that an omission to frame points of determination by the first appellate court as per Order 41 Rule 31 of the Code of Civil Procedure, 1908 would not prove fatal as long as that first appellate court dealt with all the issues that arise for deliberation in the said appeal.“Thus, even if the first appellate Court …

Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)
1 year ago

Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)

Live Law  

Code of Civil Procedure, 1908 – Civil Trial - Fixing of the date of trial shall be in consultation with the learned advocates appearing for the parties to enable them to adjust their calendar. Pradeep Mehra v. Harijivan J. Jethwa, 2023 LiveLaw 936 : 2023 INSC 958 Code of Civil Procedure, 1908; Section 47 read with Order XXI - Executing …

Supreme Court Half Yearly Digest 2023 -Code Of Civil Procedure, 1908
1 year, 4 months ago

Supreme Court Half Yearly Digest 2023 -Code Of Civil Procedure, 1908

Live Law  

Section 10 - Stay of Suit Code of Civil Procedure, 1908; Section 10 - Stay of Suit - By virtue of Section 10 CPC, a Court is prohibited from proceeding with trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit, of course, subject to other conditions mentioned …

Complete Supreme Court Yearly Digest 2022- Part-2
1 year, 10 months ago

Complete Supreme Court Yearly Digest 2022- Part-2

Live Law  

Code of Civil Procedure, 1908 Code of Civil Procedure, 1908; The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. Ltd. v. Vinita Mehta, 2022 LiveLaw 564 : 7 SCC 678 Code of Civil Procedure, 1908; Section 96, 105 and Order IX Rule 13 …

Supreme Court Annual Digest 2022- Code Of Civil Procedure (CPC)
2 years ago

Supreme Court Annual Digest 2022- Code Of Civil Procedure (CPC)

Live Law  

Code of Civil Procedure, 1908 Code of Civil Procedure, 1908; The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. Ltd. v. Vinita Mehta, 2022 LiveLaw 564 : 7 SCC 678 Code of Civil Procedure, 1908; Section 96, 105 and Order IX Rule 13 …

Supreme Court Quarterly Digest on CODE OF CIVIL PROCEDURE [July - September 2022]
2 years, 2 months ago

Supreme Court Quarterly Digest on CODE OF CIVIL PROCEDURE [July - September 2022]

Live Law  

Admiralty Act, 2017; Section 12, 14 - Code of Civil Procedure, 1908; Order 1 Rule 10, Order XLIII Rule 1 - Commercial Courts Act, 2015 - An order for addition of a party under Order 1 Rule 10 of the CPC is not appealable under section 14 of the Admiralty Act - An appeal does not lie to the Commercial …

Section 96-100 CPC - A Person Affected By A Judgment/Decree But Not A Party To Suit, Can Prefer Appeal With The Leave Of The Court: Supreme Court
2 years, 4 months ago

Section 96-100 CPC - A Person Affected By A Judgment/Decree But Not A Party To Suit, Can Prefer Appeal With The Leave Of The Court: Supreme Court

Live Law  

The Supreme Court observed that a person who is affected by a judgment but is not a party to the suit, can prefer an appeal with the leave of the Court.The sine qua non for filing an appeal by a third party is that he must have been affected by reason of the judgment and decree which is sought to …

Supreme Court Quarterly Digest 2022 - CIVIL LAW- [Jan to Mar]
2 years, 7 months ago

Supreme Court Quarterly Digest 2022 - CIVIL LAW- [Jan to Mar]

Live Law  

Code of Civil Procedure, 1908 - Appeal against High Court judgment which upheld the procedure adopted by the Execution Court that did not invite objections under Order XXI Rule 34 from Judgment debtor to draft sale deed produced by Decree holder - Allowed - Clearly contravenes the salutary provisions of Order XXI Rule 34 - The objections of the appellant …

Order XII Rule 6 CPC | Judgment On Admission Can Be Passed If Defence Set Up By Party Is So Weak That It Is Impossible To Succeed: Delhi HC
2 years, 8 months ago

Order XII Rule 6 CPC | Judgment On Admission Can Be Passed If Defence Set Up By Party Is So Weak That It Is Impossible To Succeed: Delhi HC

Live Law  

The Delhi High Court recently affirmed a judgment on admission, passed by the court below in exercise of its discretionary powers under Order XII Rule 6 of CPC, on the ground that the defence set up was such as to make it impossible for the party to succeed.In this regard, Justice V Kameswar Rao observed,"Order XII Rule 6 of the …

Order 41 Rule 27 CPC - True Test Is Whether Appellate Court Can Pronounce Judgment Without Considering Additional Evidence Sought To Be Adduced: Supreme Court
2 years, 9 months ago

Order 41 Rule 27 CPC - True Test Is Whether Appellate Court Can Pronounce Judgment Without Considering Additional Evidence Sought To Be Adduced: Supreme Court

Live Law  

In a judgment delivered on Thursday, the Supreme Court explained Order 41 Rule 27 of the Code of Civil Procedure which enables an appellate court to take additional evidence in exceptional circumstances.The court observed that an application seeking to adduce additional evidence can be allowed where the additional evidence sought to be adduced removes the cloud of doubt. "Admissibility of …

Order XII Rule 6 CPC| Application For Judgment On Admissions May Be Filed At Any Stage Of Suit: Karnataka High Court
3 years ago

Order XII Rule 6 CPC| Application For Judgment On Admissions May Be Filed At Any Stage Of Suit: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that a decree can be passed under Order XII Rule 6 of Code of Civil procedure at any stage of the suit where admissions of facts have been made either in the pleadings or otherwise. Mudagal quashed the order of the Trial Court, by which it had rejected the application made by petitioners under …

Timeline For Pronouncement Of Judgment Prescribed In Order XX CPC Does Not Apply To High Courts: Supreme Court
3 years, 10 months ago

Timeline For Pronouncement Of Judgment Prescribed In Order XX CPC Does Not Apply To High Courts: Supreme Court

Live Law  

The Supreme Court observed that timeline for pronouncement of judgment prescribed in Order XX of the Code of Civil Procedure does not apply to the High Court.In this case, the Division Bench of the Himachal Pradesh High Court set aside a judgment of the single judge on the ground of delay in delivery of judgment. The Supreme Court observed that …

SC Directs NCDRC To Expeditiously Pronounce Judgment In A Case Which It 'Reserved For Judgment' In October 2019 [Read Order]
4 years, 5 months ago

SC Directs NCDRC To Expeditiously Pronounce Judgment In A Case Which It 'Reserved For Judgment' In October 2019 [Read Order]

Live Law  

The Supreme Court has directed the National Consumer Disputes Redressal Commission to expeditiously pronounce judgment in a case which it had 'reserved for judgment' on 24 October 2019. The bench comprising Justices DY Chandrachud, Indu Malhotra and KM Joseph, directed thus while disposing of a Miscellaneous Application filed by a party to this case before NCDRC. The court then issued …

First Appellate Court Should Comply With Requirements Of Order XLI Rule 31 CPC Even While Affirming Trial Court Judgment: SC [Read Judgment]
4 years, 10 months ago

First Appellate Court Should Comply With Requirements Of Order XLI Rule 31 CPC Even While Affirming Trial Court Judgment: SC [Read Judgment]

Live Law  

The Supreme Court has observed a judgment of a First Appellate Court has to set out points for determination, record the decision thereon and give its own reasons. Even when the first appellate court affirms the judgment of the trial court, it is required to comply with the requirement of Order XLI Rule 31 of the Code of Civil Procedure …

Section 92 CPC Procedure Not Applicable In Suit By A Trust: SC [Read Judgment]
4 years, 11 months ago

Section 92 CPC Procedure Not Applicable In Suit By A Trust: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the procedure prescribed under Section 92 of the Code of Civil Procedure would not be applicable in a suit by a Trust. In this case, the Trust known as Ghat Talab Kaulan Wala filed the suit through one Charan Dass. The High Court had held that the suit is not maintainable without complying with …

S. 96(3) CPC- Bar On Appeal Against Compromise Decree Not Applicable Where Court Declines To Record Some Part Of Compromise: Allahabad HC
5 years, 3 months ago

S. 96(3) CPC- Bar On Appeal Against Compromise Decree Not Applicable Where Court Declines To Record Some Part Of Compromise: Allahabad HC

Live Law  

Dismissing a petition filed under Article 227 of the Constitution on account of availability of an alternate remedy, the Allahabad High Court has held that the bar against appeal from a compromise decree shall not apply in cases where the court records some part of the compromise while declines to record the remaining part. In this view, the court passed …

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