Code of Civil Procedure, 1908
176 Supreme Court judgments considering this law. Search within these.
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I.K. Merchants Pvt. Ltd. & Ors. v. The State of Rajasthan & Ors.
Issue arose as regards the appropriate rate of interest to be awarded on the enhanced valuation of shares sold by the appellants to the Respondent No.1-State in 1973 as determined by the High Court and affirmed by Supreme Court.
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Yerikala Sunkalamma & Anr. v. State of Andhra Pradesh, Department of Revenue & Ors.
Whether the High Court was correct in setting aside the judgment of the trial court whereby the appellants were held to be the lawful owners of the ‘Patta Land’.
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Gangubai Raghunath Ayare v. Gangaram Sakharam Dhuri (D) Thr. Lrs and Ors.
Whether the High Court was right in holding that when the principal prayer for administration of the estate was rejected by the Trial Court, any other prayer indirectly seeking partition could not have been granted, until the…
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Periyammal (Dead) Through LRs & Ors. v. V. Rajamani & Anr. Etc.
Whether the courts below committed any error in upholding the objections raised by the respondent nos. 1 and 2 herein against execution of the decree on the claim of being in possession of the suit property in their capacity as…
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Smt. Lavanya C & Anr. v. Vittal Gurudas Pai Since Deseased by Lrs. & Ors.
Whether the High Court was correct in setting aside the order of the Trial Court holding the appellants not guilty of wilful disobedience of their undertaking given to the Court.
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Pappammal (Died) Through LR R. Krsna Murtii v. Jothi & Anr.
Issue arose as regards the order passed by the courts below allowing the application filed by the daughter of the deceased to implead herself as defendant in the suit for recovery of possession filed by her mother.
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Ram Lal v. Jarnail Singh (Now Deceased) through its LRs & Ors.
Suit filed by appellant seeking specific performance of contract based on an agreement of sale executed by respondents was allowed on 20-01-2012 and appellant was directed to deposit the balance sale consideration within two…
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M/s B N Padmanabhaiah and Sons v. R N Nadigar & Ors.
Whether earlier decrees obtained by the appellant for permanent injunction foreclosed re-litigation of the dispute under the doctrine of res judicata and whether declaratory relief could be granted in favour of the State through…
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Maharashtra State Road Transport Corporation v. Mahadeo Krishna Naik
Whether the appellant-Corporation is guilty of suggestio falsi by not disclosing what it had pleaded before the MACT and suppresio veri by suppressing the award; whether the High Court was justified in exercising review…
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M/S Tomorrowland Limited v. Housing and Urban Development Corporation Limited and Another
Whether HUDCO was in breach of its reciprocal contractual obligations under the allotment letter dated 31.10.1994, and whether the appellant was entitled to refund of the forfeited amount in terms of cl.5(vi) of the allotment…
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Om Prakash Gupta Alias Lalloowa (Now Deceased) & Ors. v. Satish Chandra (Now Deceased)
The issues before the Hon’ble Court were as to whether the High Court was justified in dismissing the application for condonation of delay in filing the application for substitution and could the second appeal be regarded as…
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Canara Bank v. Ajithkumar G.K.
Father of the respondent passed away while in service of the appellant. A scheme for appointment on compassionate ground, formulated by the appellant and contained in Circular No. 154/93 dated 8th May, 1993, was in force when…
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P.M. Lokanath and Others v. State of Karnataka and Another
Whether the initiation of criminal proceedings at the instance of respondent no.2 in the present case was totally activated by mala fide, instituted with an ulterior motive for wreaking vengeance and with a view to spite the…
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H. Anjanappa & Ors. v. A. Prabhakar & Ors.
Whether a transferee pendente lite has a right to be impleaded in the suit by seeking leave to appeal and in case he is not impleaded, whether he is bound by the decree passed in the said suit.
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Ivan Rathinam v. Milan Joseph
Whether the presumption of legitimacy, if not displaced, determines paternity in law; whether the Civil Court had the jurisdiction to entertain the Original Suit and whether the Family Court was entitled to reopen the Maintenance…
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M/S Tamil Nadu Cements Corporation Limited v. Micro and Small Enterprises Facilitation Council and Another
Whether a writ petition under Article 226 of the Constitution would be maintainable against an order passed by the Micro and Small Enterprises Facilitation Council (MSEFC) in exercise of power under Section 18 of the Micro, Small…
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State of Punjab & Ors. v. M/S Om Prakash Brick Kiln Owner, Etc.
Whether the State is entitled to levy royalty on brick earth excavation, irrespective of the issue of ownership of the excavated land.
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Vipin Kumar v. Jaydeep & Others
Whether there has been a miscarriage of justice as the second appeal was allowed ex parte without hearing the appellant and without framing any substantial questions of law.
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Singh and Others v. Harpal Singh Alias Harpal Singh Chela and
A suit for confirmation of possession or in the alternative recovery of possession and injunction was filed by the predecessor in interest of the Respondents against the predecessor in interest of the Appellants. The suit was…
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U. Sudheera & Others v. C. Yashoda & Others
Whether the High Court can pass any ad interim order for a limited period, before framing substantial question(s) of law, while dealing with a second appeal filed under Order XLI r/w Section 100 CPC.
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Cuddalore Powergen Corporation Ltd v. M/S Chemplast Cuddalore Vinyls Limited and Anr.
Whether the principles enumerated u/Ord. II r. 2 CPC would bar the institution of a second suit and warrant rejection of the plaint filed by the respondent no. 1-buyer.
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Rina Kumari @ Rina Devi @ Reena v. Dinesh Kumar Mahto @ Dinesh Kumar Mahato and Another
Will a husband, who secures a decree for restitution of conjugal rights, stand absolved of paying maintenance to his wife by virtue of Section 125(4), Code of Criminal Procedure, 1973, if his wife refuses to abide by the said…
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The State of West Bengal & Ors. v. Pam Developments Private Limited & Anr.
Whether an amendment to a plaint introducing a fresh cause of action can be allowed if it arises out of continuous transactions and does not alter the nature and character of the suit; whether the bar under Section 80 of the CPC…
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Central Bank of India & Anr. v. Smt. Prabha Jain & Ors.
Whether the jurisdiction of civil court to try a suit is completely barred by s.34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
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State of Uttar Pradesh and Another v. R.K. Pandey and Another
Matter pertains to the enforceability of the ex-parte awards against the employer-State Government and the principal of the medical college, when the employer objected the authenticity of the arbitration agreement relied on by…
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Indian Evangelical Lutheran Church Trust Association v. Sri Bala & Co.
Whether the plaint in the subsequent suit for specific performance filed by the plaintiff, i.e., O.S. No. 49/2007, is liable to be rejected in terms of Order VII Rule 11(d) of the Code of Civil Procedure, 1908 on the ground that…
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Construction v. Union of India & Ors.
Whether the time for filing an application under Section 17, Arbitration Act, 1940 commences when the party seeking to challenge the award receives a formal notice of the making of the award, or from the date such party is aware…
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Shri Mukund Bhavan Trust and Ors. v. Shrimant Chhatrapati Udayan
Whether the High Court erred in affirming the order of the trial Court dismissing the application filed by the appellants under Order VII Rule 11(d), Code of Civil Procedure, 1908 for rejection of plaint being barred by…
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Abdul Rejak Laskar v. Mafizur Rahman & Ors.
The High Court held that the s.154(1)(e) of the the Assam Land and Revenue Regulation, 1886 bars the civil court from exercising its jurisdiction; whether the High Court committed any error in taking view that the suit filed by…
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Dwarika Prasad (D) Thr. LRs. v. Prithvi Raj Singh
Whether a separate application for condonation of delay is mandatory in cases where sufficient justification was provided while seeking restoration against ex-parte decree.
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Hongkong and Shanghai Banking Corp. Ltd. v. Awaz & Ors.
(i) Whether the Respondent organization had the locus to approach the National Consumer Disputes Redressal Commission (NCDRC); (ii) Whether the NCDRC had the jurisdiction to interfere with banking operations, which is the…
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Rinku Baheti v. Sandesh Sharda
Issue arose whether the petitioner-wife is entitled to the transfer of the divorce petition; and whether this Court, upon the application filed by the respondent-husband, can exercise its powers u/Art. 142(1) of the Constitution…
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Muskan Enterprises & Anr. v. The State of Punjab & Anr.
Issue arose whether the High Court was justified in dismissing the subsequent petition u/s.482, Cr. PC on the ground that since the earlier petition had been withdrawn without liberty obtained to apply afresh, the subsequent…
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Navratan Lal Sharma v. Radha Mohan Sharma & Ors.
Issue arose as regards the right of a party to get the first appeal restored if compromise decree specifically does not give such liberty.
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Daliben Valjibhai & Ors. v. Prajapati Kodarbhai Kachrabhai & Anr.
Whether a suit for cancellation of a registered sale deed, filed within three years from the date of knowledge as alleged in the plaint, can be dismissed at the threshold under Order 7 Rule 11 of the Code of Civil Procedure,…
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State of Andhra Pradesh and Others v. Dr. Rao, V.B.J. Chelikani and Others
Issue arose that whether the Government, like any private individual, have the absolute discretion to frame policy, distribute resources and enter into a contract with whomsoever it pleases, on any terms and conditions it so…
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Ramakant Ambalal Choksi v. Harish Ambalal Choksi & Others
Whether the High Court was justified in allowing the appeal filed by the defendants-respondents holding that no case for grant of interim injunction was made out and thus, vacating the order granting injunction in favour of the…
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The State of Haryana & Anr. v. Amin Lal (Since Deceased) Through His Lrs & Ors.
Respondents/Plaintiffs had filed a suit for possession of the suit property against the Appellants/Defendants, i.e. State of Haryana and Public Works Department. The Trial Court decreed the suit in favour of the Respondents and…
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The State of Punjab & Anr. v. M/s Ferrous Alloy Forgings P Ltd. & Ors.
Whether it is mandatory for the successful auction purchaser to deposit the stamp duty for the sale certificate to be issued to it in view of the provisions of the Stamp Act and the Registration Act.
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Central Organisation for Railway Electrification v. M/S Eci Spic Smo Mcml (Jv) A Joint Venture Company
a) Whether an appointment process which allows a party who has an interest in the dispute to unilaterally appoint a sole arbitrator, or curate a panel of arbitrators and mandate that the other party select their arbitrator from…