Code of Civil Procedure important Supreme Court and High Court Judgments with subject of case, case decisions, case laws and citations
Case Title | Name of Court | Act | Date and Citation | Gist |
Afcons Infrastructure Ltd. vs Cherian Varkey Construction Co | Supreme Court | CPC | 26 July 2010 (2010) 8 SCC 24 |
Explains Alternative Dispute Resolution (Arbitration, judicial settlement, Lok Adalat, Mediation) |
Alika Khosla vs Thomas Mathew And Anr 2001 | Delhi High Court | CPC | 20 December 2001 2002 (62) DRJ 851 |
Right to Privacy is not Absolute |
A.V. Papayya Sastry & Ors vs Government Of A.P. & Ors | Supreme Court | CPC | 07 March 2007 (2007) 4 SCC 211 |
1. Order taken by fraud or suppressing material fact can be recalled at any stage of litigation (using CPC 151 or CrPC 482) 2. Once a Superior court accepts an appeal, lower courts cannot recall or proceed with the Litigation. |
B.P. Achala Anand Vs S.Appi Reddy & Anr | Supreme Court | CPC | 11 February 2005 (2005) 3 SCC 313 |
Right to Residence after Divorce to be decided based on Divorce Terms |
Bhadrayu C Vachharajani VS Saurashtra University | Gujarat High Court | CPC | 29 November 2013 GHJ-2014-35-385 |
If court has no Jurisdiction, it cannot go into Merits of case |
Bhausaheb Magar vs Leelabai Magar 2006 | Bombay High Court | CPC | 14 November 2006 AIRBOMR20072711, ALLMR20073676, LAWS(BOM)200611179 |
Doctrine of res judicata |
Commissioner Of Income-Tax vs Godavaridevi Saraf | Bombay High Court | CPC | 27 September 1977 1978 (2) ELT 624 Bom, 1978 113 ITR 589 Bom |
Tribunal (or court) anywhere in the country has to respect the law laid down by the High Court, though of a different State, so long as there is no contrary decision of any other High Court on that question |
Dalip Singh vs State Of U.P. & Ors | Supreme Court | CPC | 03 December 2009 (2010) 2 SCC 114 |
No Relief if Litigant lies OR suppress material fact and came with Unclean Hands |
Foreshore Co-Op. Hng. Society Ltd vs Praveen D Desai | Supreme Court | CPC | 08 April 2015 |
Discussion on Jurisdiction |
G. Shyamala Ranjini vs M.S. Tamizhnathan | Madras High Court | CPC | 20 November 2007 | Related to Audio CD as Evidence |
K.Subhadra Patra Vs Mosomat K Aadiya Amma & Ors | Supreme Court | CPC | 01 July 2015 | One can file counter affidavit by post |
Maharashtra Government VS Rajaram Digamber Padamwar | Bombay High Court | CPC | 08 April 2011 LAWS(BOM)2011410, ALLMR(CRI)201101825, BCR(CRI)20113640, FAC20112278 |
High Court takes action against a trial court judge who went against a previous HC precedent and declined to abide by |
Manoj Kumar Saini vs CPIO | CIC | CPC | 24 March 2011 | ITR can be given in criminal case against the State pertaining to dowry related issues because public interest in the administration of justice in a particular case overrides all other aspects of public interest |
Neelam Abhijeet Kadam vs State of Maharashtra | Bombay High Court | CPC | 02 May 2017 | Court has to accept pleadings in English and cant force it to be in vernacular language. |
Neetu Mittal Vs. Kanta Mittal | Delhi High Court | CPC | 30 September 2008 2008 (106) DRJ 6223, 2008 (4) RCR (C) 630 |
Parents can kick out their Children. Definition of Shared Household and Matrimonial Home. |
Ramjas Foundation & Ors vs Union Of India & Ors | Supreme Court | CPC | 09 November 2010 2010(14) SCC 38 = 2010(15) SCR 364 = 2010(12) JT 134 = 2010(11) SCALE 598 |
Unclean Hands, no Relief to be given by any court |
Rampyari & Ors. vs Ms. Kamlesh | Delhi High Court | CPC | 09 March 2010 | Fine for Delaying tactics by Lawyer |
Rita Markandey vs Surjit Singh Arora | Supreme Court | CPC | 27 September 1996 (1996) 6 SCC 14 |
Filing false affidavits is criminal contempt of Court. |
S.P Chengalvaraya Naidu vs Jagannath | Supreme Court | CPC | 27 October 1993 1994 AIR 853, 1994 SCC (1) 1 |
Judgment or decree obtained by playing fraud on the court is a nullity and non exist in the eyes of law. |
S.Ramesh vs MS.Cethar Ltd | Madras High Court | CPC | 12 January 2016 | a person who enjoyed the benefit of an interim order, is liable to compensate the other party, when the main case is decided against him. |
Saritha Rao & Ors. vs Y.Raghunath Rao & Anr | Delhi High Court | CPC | 04 March 2010 169 (2010) DLT 277 |
Husband lodged suit claiming damages on account of false prosecution after acquittal in 498A. Period of limitation is one year in a suit claiming damages on account of false prosecution and the period is calculated from the date when the false prosecution came to an end. |
Sweety Gupta Vs Neety Gupta & Ors | Delhi High Court | CPC | 25 October 2016 | 1.Serving Summon 2.On Whom Burden Of Proof Lies 3.Court May Presume Existence Of Certain Facts |
Domestic Violence Act Citations |
CRPC - Code of Criminal Procedure CPC Important citations, case laws |