Code of Civil Procedure, 1908
An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.
342 Supreme Court judgments considering this law. Search within these.
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State Bank of India & Ors. v. The Consortium of Mr. Murari Lal Jalan
Whether the Performance Bank Guarantee (PBG) could have been adjusted against the first tranche payment which was to be made under the Resolution Plan, within 180 days from the Effective Date, in contravention of the order of…
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Commissioner of Customs v. M/s Canon India Pvt. Ltd.
Issue arose whether there was an “error apparent on the face of the record” for the purpose of entertaining the review petition; whether law laid down in Canon India’s case as regards the power of the DRI to issue show cause…
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M/s HPCL Bio-Fuels Ltd. v. M/s Shahaji Bhanudas Bhad
(i) Whether a fresh application u/s.11(6) of the Arbitration and Conciliation Act, 1996 filed by the respondent could be said to be maintainable more particularly when no liberty to file a fresh application was granted by the…
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International Seaport Dredging Pvt Ltd v. Kamarajar Port Limited
Matter pertains to the correctness of the order passed by the High Court granting stay on the execution of the award conditional on the respondent furnishing a bank guarantee.
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IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955 versus
Issue arose as regards the constitutional validity of s.6A of the Citizenship Act; does s.6A offend preambular values like fraternity; s.6A, if ultra vires Part II of the Constitution; does s.6A create an unreasonable…
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Renjith K.G. & Others v. Sheeba
Whether a pendente lite transferee, a stranger to the suit can file application under Order XXI Rule 99, Code of Civil Procedure, 1908 seeking re-delivery after dispossession.
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Union of India & Ors. v. Rajeev Bansal
Whether after 01 April 2021, the Income Tax Act, 1961 has to be read along with the substituted provisions; whether Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act 2020 (TOLA) will continue to apply…
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Kerala State Electricity Board Ltd. v. Jhabua Power Limited and Others
Whether the Appellate Tribunal for Electricity (APTEL) was right in passing the impugned judgment holding that the Kerala State Electricity Regulatory Commission (KSERC) was not bound by the directives of the State Government…
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Sri. Sushil Kumar Jain & Ors. v. Pilani Properties Limited, 2017
Whether the appellants-children of the original tenant had also became tenants upon the death of their father, by virtue of s.2(h) of the old Act-West Bengal Premises Tenancy Act, 1956; and whether the 1997 Act would cover such…
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Kimneo Haokip Hangshing v. Kenn Raikhan & Ors.
Issue arose as to whether the Court can dismiss an election petition at the very threshold on an application u/Ord. VII r. 11 CPC or that the petition needs a detailed consideration by the Court.
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Khursheed & Anr. v. Shaqoor
Whether by virtue of s.5(2)(a) upon publication of Notification u/s.4 of the U.P. Consolidation of Holdings Act, 1954, any pending civil suit for cancellation of sale deed executed by fraud and impersonation, stands abated and…
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Vaibhav Jain v. Hindustan Motors Pvt. Ltd.
Whether as a mere dealer of M/s Hindustan Motors, the appellant could be considered owner of the vehicle and as such liable, jointly and severally with M/s Hindustan Motors, to pay the compensation as directed by the…
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Choudappa & Anr. v. Choudappa since Deceased by Lrs. & Ors.
In 2014, an application purported to be u/s. 141 CPC or under Order XX Rule 12 CPC was filed by the respondents for the determination of the mesne profits as directed by the judgment, order and decree dated 12.07.1973. Whether…
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Rama Kt. Barman (Died) Thr. Lrs. v. Md. Mahim Ali & Ors.
Matter pertains to the correctness of the order passed by the High Court in second appeal wherein it created a new case for the party, framed the issues and decided them without following the procedure contemplated u/Ord. XLI.
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Dlf Ltd. (Formerly Known As Dlf Universal Ltd) and Anr. v. Koncar Generators and Motors Ltd.
The issue arising in the present appeal relates to enforcement of an arbitral award expressed in foreign currency. In this context, two questions arise for consideration. First, what is the correct and appropriate date to…
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M/s D. Khosla and Company v. The Union of India
Arbitrator passed award granting interest for two periods-(i) Pre-award period, from the date of completion of the work up to the date of the award @ 12% per annum (simple interest); and (ii) Post-award, from the date of the…
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Nek Pal & Ors. v. Nagar Palika Parishad & Ors.
Whether substantial questions of law are required to be formulated at the time of admission of a second appeal under Section 100 of the Code of Civil Procedure, 1908, or at any time subsequent thereto.
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S. Tirupathi Rao v. M. Lingamaiah & Ors.
1. Whether the High Court has, in the impugned judgment, exercised the jurisdiction of review in accordance with the parameters set out in Order XLVII Rule 1 of the Civil Procedure? 2. Whether the High Court has, in the impugned…
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Kaushik Narsinhbhai Patel & Ors. v. M/S S.J.R. Prime Corporation Private Limited
Whether a party whose right to file written statement is closed can file written submissions to introduce pleadings to resist the claim against it; and if not, then what is the scope of its participation of in the proceedings…
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Amro Devi & Ors. v. Julfi Ram (Deceased) Thr. Lrs. & Ors.
Respondents had filed a suit for declaration and permanent injunction against Appellants, claiming to be owners in possession of suit land on the basis of an alleged compromise entered into by them in an earlier litigation with…
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The State of West Bengal v. Union of India
Instant suit has been filed by the State of West Bengal against Union of India seeking declaration that registration of cases by the defendant-UOI after withdrawal of Notification u/s. 6 of the DSPE Act by the plaintiff-State is…
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Uniworld Logistics Pvt. Ltd. v. Indev Logistics Pvt. Ltd.
Whether a second suit for arrears of rent and damages would be maintainable or barred under Order II Rule 2 Civil Procedure Code (CPC) if a prior suit was filed seeking a permanent injunction and the handover of vacant…
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Yogesh Goyanka v. Govind & Ors.
Appellant, pendente lite purchaser of the Subject Land, filed impleadment application before the District Judge (ADJ) under Order 1 Rule 10, CPC, which was dismissed. The order was upheld by the High Court. Whether Appellant, who…
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M/s Al-Can Export Pvt. Ltd. v. Prestige H.M. Polycontainers Ltd. & Ors.
Matter pertains to the legality, validity and propriety of the auction proceedings conducted by the Tahsildar of the subject property, originally owned by the respondent No. 1; whether the provisions of Order XXI r. 90 CPC would…
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G.M. Shahul Hameed v. Jayanthi R. Hegde
Whether upon admission of an instrument in evidence and its marking as an exhibit by a court (despite the instrument being chargeable to duty but is insufficiently stamped), such a process can be recalled by the court in exercise…
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Har Narayan Tewari (D) Thr. Lrs. v. Cantonment Board,
Whether the present suit (claiming title and possession over the suit land) as filed by the plaintiff-appellant was barred under Section 11 CPC on principle of res judicata inasmuch as there was no adjudication of the rights of…
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Bombay Slum Redevelopment Corporation Private Limited v. Samir Narain Bhojwani
In the instant case, issue revolves around the power of the Appellate Court dealing with the appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 to pass an order of remand to Section 34 Court.
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Anish M Rawther @ Anees Mohammed Rawther v. Hafeez Ur Rahman & Ors.
High Court, if justified in directing the trial court to accept the respondent’s memo and pass appropriate order.
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Alifiya Husenbhai Keshariya v. Siddiq Ismail Sindhi & Ors.
Whether a person being an award holder, of monetary compensation without actual receipt thereof, would be disentitled from filing an appeal seeking enhanced compensation as an indigent.
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Department & Another v. M/s K.L. Rathi Steels Limited and Others
Issue arose to resolve as to which of the two views on maintainability of the Review petitions-Hon’ble Judge presiding over the Bench ruling in favour of maintainability of the review petitions whereas the Hon’ble companion Judge…
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Lehna Singh (D) By Lrs. v. Gurnam Singh (D) By Lrs. & Ors.
Issue arose whether the questions of law are not required to be framed in second appeal before Punjab and Haryana High Court whose jurisdiction in second appeal is circumscribed by provision of s.41 of the Punjab Act.
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Bhikchand S/O Dhondiram Mutha (Deceased) Through Lrs. v. Shamabai Dhanraj Gugale (Deceased) Through Lrs.
Whether the present is a fit and suitable case for exercising power under Section 144, Code of Civil Procedure, 1908 directing restitution in favour of the appellant-judgment debtor by placing the parties in the position which…
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Mrugendra Indravadan Mehta and Others v. Ahmedabad Municipal Corporation
Trial Court decreed the suit filed by appellants-plaintiffs by accepting the alternative prayer that they should be allotted an extent of 974 sq. mts. in any Town Planning Scheme in the western zone of Ahmedabad, but rejected the…
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Sheikh Noorul Hassan v. Nahakpam Indrajit Singh & Ors.
Matter pertains to the permissibility of filing of subsequent pleading-replication as envisaged in Ord. VIII r. 9 CPC, during the course of the proceeding of an election petition under the 1951 Act, and in what circumstances…
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Kanihya @ Kanhi (Dead) Through LRS. v. Sukhi Ram &Ors.
Whether the High Court erred in not exercising the discretion to extend the time for deposit under Section 148 of the Code of Civil Procedure, 1908 in a pre-emption suit.
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Swami Vedvyasanand Ji Maharaj (D) Thr Lrs v. Shyam Lal Chauhan & Ors.
Whether the High Court, while substituting Respondent No.6 as the appellant in the Second Appeal, has followed the correct procedure prescribed under Order XXII Rule 5 of the Code of Civil Procedure.
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Ajay Ishwar Ghute & Ors. v. Meher K. Patel & Ors.
This Hon’ble Court was considering a challenge to an Order of the High Court disposing of a writ petition in terms of a “Minutes of Order” filed by the Advocates, and signed by the parties to the petition, without impleading the…
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Rehan Ahmed (D) Thr. Lrs. v. Akhtar Un Nisa (D) Thr. Lrs.
Matter pertains to the correctness of the order passed by the High Court allowing the objections u/s. 47 CPC filed by the respondent no. 1, setting aside the order passed by the Executing Court and holding that the decree passed…
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Dolly Rani v. Manish Kumar Chanchal
When the marriage ceremony had not been performed in accordance with section 7 of the Hindu Marriage Act, 1955, whether registration of such a marriage under section 8 of the 1955 Act would confer any legitimacy to it.
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The State of Telangana & Ors. v. Mohd. Abdul Qasim (Died) Per LRs.
High Court whether justified in passing the impugned order in review petition in favour of the plaintiff-respondent despite him not proving his title over the suit property (forest land), setting aside the concurrent judgments…