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CPC - Very Important Judgments and Case laws with citations of Code of Civil Procedure

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
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



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