Code of Civil Procedure, 1908
176 Supreme Court judgments considering this law. Search within these.
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Dhanasingh Prabhu v. Chandrasekar & Another
Whether the High Court was right in dismissing the complaint on the ground that the name of the partnership firm was not mentioned in the statutory notice issued by the appellant/complainant to the respondents u/s.138 of the…
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Binod Pathak & Ors. v. Shankar Choudhary & Ors.
Matter pertains to the correctness of the order passed by the High Court that as some of the defendants before the first appellate court had passed away and their legal heirs were not brought on record in accordance with the…
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Pandurangan v. T. Jayarama Chettiar & Anr.
Whether objection of res judicata can be taken to bar the suit u/Or.VII, R.11, CPC.
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[Uttar Haryana Bijli Vitran Nigam Ltd. v. Adani Power
Issue pertains to whether the notification by the Coal India imposing Evacuation Facility Charges constituted a change in law under the Power Purchase Agreement; and as regards the interpretation of Article 10.2.1 vis-à-vis…
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Sulthan Said Ibrahim v. Prakasan & Ors.
Issue arose whether the High Court committed any error in rejecting the original petition filed by the appellant on the ground that the I.A. for deletion of name of the appellant from the array of parties was barred by res…
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Vinod Infra Developers Ltd. v. Mahaveer Lunia & Ors.
Whether the High Court erred in rejecting the plaint filed by the appellant u/Or.VII, r.11, CPC, 1908.
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Smt. Shaifali Gupta v. Smt. Vidya Devi Gupta & Ors.
Issue arose as to the correctness of the order passed by the court of first instance as well as the High Court rejecting the application u/Ord.VII r.11 CPC; and whether the property in respect of which the suit, claim or action…
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Ishwar Chanda Sharma v. Devendra Kumar Sharma & Ors.
The issues raised in the present case relates to: (i) the eligibility of a receiver for Sri Giriraj Temple, Govardhan, Mathura; (ii) temples facing severe administrative issues of crowd management.
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M/s Dhanbad Fuels Private Limited v. Union of India & Anr.
Issue arose whether, due to non-compliance with s.12A of the Commercial Courts Act, 2015, a suit should be dismissed u/Ord. VII r.11 CPC, or whether it should be kept in abeyance, directing the parties to first explore the…
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Competition Commission of India v. Schott Glass India Pvt. Ltd. & Anr.
I. Whether providing exclusionary volume based discounts, imposing contractual terms, refusing supply etc. will amount to abuse of dominant position? II. Whether the functional-discount / “no-Chinese” scheme (including the later…
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Thirunagalingam v. Lingeswaran & Anr.
An appeal suit along with the application for condonation of delay of 1116 days was preferred. The High Court allowed the application for condonation of delay of 1116 days. Whether the delay is to be condoned or not, and if the…
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Wikimedia Foundation Inc. v. ANI Media Private Limited & Ors.
Issue arose with respect to the legality and propriety of the directions issued by the Division Bench of the High Court to the appellant to take down/delete the pages and discussion with regard to the observations made by the…
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Mahnoor Fatima Imran & Ors. v. M/S Visweswara Infrastructure Pvt Ltd. & Ors.
1. Whether an unregistered sale agreement can confer valid title or ownership of immovable property. 2. Whether a High Court exercising jurisdiction under Article 226 can direct dispossession of a party without proof of actual…
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Tahir V. Isani v. Madan Waman Chodankar, (Since Deceased)
Whether the High Court was justified in holding that since the appellant was a transferee pendent lite of judgment debtor, therefore, in view of provisions of Rule 102 of Or.XXI of CPC, the application filed by the appellant…
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Shubhkaran Singh v. Abhayraj Singh & Ors.
Whether the petition filed by the petitioner herein u/Or.18 Rule 17, Code of Civil Procedure, 1908 was rightly rejected by the High Court.
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Dr. Vimal Sukumar v. D. Lawrence & Ors.
The instant appeals are arising out of the two impugned orders dated 27.02.2024 and 12.04.2024 by which the Division Bench of the High Court declared re-election of all the office bearers since it was held that the electoral…
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Santosh Devi v. Sunder
Whether the High Court rightly dismissed the second appeal filed by the petitioner herein (plaintiff) affirming the judgment passed by the First Appellate Court which had upheld the decree passed by the trial court dismissing the…
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K.R. Suresh v. R. Poornima & Ors.
Issue arose as regards the correctness of the order passed by the courts below dismissing the suit instituted by the appellant-purchaser for specific performance of contract; and whether the appellant entitled to the refund of…
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Gayatri Balasamy v. M/s ISG Novasoft Technologies Limited
In ‡M. Hakeem and Anr.’s case, this Court held that while exercising powers u/s.34 of the Arbitration and Conciliation Act, 1996, a Court hearing the petition had no power to “modify” the Award, whereas other benches of two…
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P. Kumarakurubaran v. P. Narayanan & Ors.
Whether the High Court was justified in rejecting the plaint filed by the appellant under Order VII Rule 11 of the Code of Civil Procedure, 1908 on the ground that the suit was barred by limitation.
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K. Valarmathi & Ors. v. Kumaresan
Can the High Court in exercise of its supervisory jurisdiction under Article 227 reject a plaint.
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Sakina Sultanali Sunesara (Momin) v. Shia Imami Ismaili Momin Jamat Samaj & Ors
Issue arose whether a litigant who was already a party to the suit, yet contests the fact or legality of a compromise embodied in a decree, is restricted to an application before the trial court under the proviso to Ord. XXIII…
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Rajeev Gupta & Ors. v. Prashant Garg & Ors.
Issue arose whether the suit was barred by limitation; whether the sale deeds were void documents; whether the Will stood admitted in the previous suits and was no longer required to be proved; whether the First Appellate Court…
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Sri Shrikanth NS & Ors. v. K. Munivenkatappa & Anr.
Matter pertains to the correctness of High Court order rejecting the writ petition of the appellants against the First Appellate Court’s common order allowing I.A. u/Ord.11 r.14 CPC and allowing I.A. seeking permission to raise…
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Amruddin Ansari (Dead) Through Lrs. & Ors. v. Afajal Ali & Ors.
i) Whether after the dismissal of the petition for restoration of suit u/Or. IX R.4 of the CPC a fresh suit is maintainable; ii) Whether after dismissal of suit in default u/R.2 and R.3 of Or. IX of the CPC, a fresh suit is…
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M/s J N Real Estate v. Shailendra Pradhan & Ors.
Whether the High Court was justified in setting aside the order passed by the Trial Court impleading the appellant as one of the defendants in the suit instituted by the original plaintiff for specific performance of the…
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Angadi Chandranna v. Shankar & Ors.
The main dispute in the lis is, whether the suit property was ancestral or self-acquired property of defendant no.1.
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Kanchhu v. Prakash Chand & Ors.
Matter pertains to sustainability of the order passed by the High Court allowing writ petition u/Art.227 of the Constitution and allowing multiple interlocutory applications-application for condonation of delay in filing recall…
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Manjunath Tirakappa Malagi and Anr. v. Gurusiddappa Tirakappa Malagi (Dead Through Lrs)
Whether a fresh suit can be filed to challenge a compromise decree.
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Electrosteel Steel Limited (Now M/S Esl Steel Limited) v. Ispat Carrier Private Limited
Whether upon approval of the resolution plan by the NCLT, the claim of the respondent being outside the purview of the resolution plan stood extinguished; whether the arbitral award dated 06.07.2018 was capable of being executed.
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Larsen and Toubro Limited v. Puri Construction Pvt. Ltd. and Others
In petition u/s.34, Arbitration and Conciliation Act, 1996, Single Judge had set aside the Arbitral Award. Division Bench in appeal thereagainst u/s.37, Arbitration Act by way of the impugned judgment, inter alia upheld the…
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Nafees Ahmad & Anr. v. Soinuddin & Ors.
The High Court in the impugned judgment took the view that Order 41 Rule 31 is mandatory and the failure on the part of the First Appellate Court to frame the points for determination as per Order 41 Rule 31 vitiated the judgment…
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Jharkhand Urja Utpadan Nigam Ltd. & Anr. v. M/S Bharat Heavy Electricals Limited
The High Court rejected the Interim Application No. 11269 of 2024 filed by the petitioner herein u/s.5 of the Limitation Act, 1963 and thereby declined to condone the delay of 301 days in filing the main appeal u/s.13(1-A) of the…
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R. Nagaraj (Dead) through LRs. and Another v. Rajmani and Others
Whether the High Court was justified in remanding the matter to the trial Court for a fresh trial on the issue of limitation, despite the existence of concurrent findings, when section 100 of the Code of Civil Procedure, 1908…
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Rakesh Kumar Verma v. HDFC Bank Ltd.
Issue arose whether civil suits could have been instituted in courts in Patna and Delhi by employees in view of the specific clauses in the appointment letter that courts in Mumbai would have exclusive jurisdiction to decide…
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M/s Chatha Service Station v. Lalmati Devi & Ors.
Whether the Tribunal was justified in directing the insurer to pay the award amount and recover it from the owner and driver of the offending vehicle carrying hazardous goods, in view of the absence of an endorsement in the…
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Annaya Kocha Shetty (Dead) Through Lrs v. Laxmibai Narayan Satose Since Deceased Through Lrs & Others
Issue arose as regards the correctness of the order passed by the High Court in revision application confirming the judgment of the appellate bench whereby decree of the trial court was reversed; and whether the ‘agreement of…
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Securities and Exchange Board of India v. Ram Kishori Gupta & Anr.
Whether SEBI can pass multiple final orders on the same cause of action; applicability of principles of res judicata/constructive res judicata; whether the Appellate Tribunal was justified in setting aside the 2018 disgorgement…
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Rajiv Ghosh v. Satya Naryan Jaiswal
In view of the unequivocal admission made by the defendant in his written statement, whether the High Court was right in decreeing the suit for recovery of possession applying Or.XII r.6 of the CPC thereby, affirming the decree…
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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.