Court : Supreme Court of India
Reported in : I(2005)ACC51; AIR2005SC446; 2005(1)AWC220(SC); JT2004(10)SC173; 2004(10)SCALE28b; (2005)1SCC444
..... the principle which prevents the same case being twice litigated is of general application and is not limited by the specific words of section 11 of code of civil procedure in this respect. ..... be heard afresh by the high court in the light of the direction issued by this court in the case of gajraj singh (supra) after impleading all such parties who have been granted relief by the competent authority.civil appeal nos. ..... during the course of hearing an additional affidavit has been filed by shri arvind dikshit, one of the respondents in civil appeal nos. ..... the notification specifically mentioned that the same was being done in view of the directions given by supreme court in civil appeal nos. ..... leave granted.in view of the decision in civil appeal no. ..... 21557/2002 and civil appeal no. ..... the appeal is accordingly dismissed.civil appeal no. ..... ), the appeals are allowed and the impugned judgment dated 23.7.2002 of the high court is set aside.civil appeal no. ..... in view of the decision in civil appeal no. ..... the appeal against the decision of the high court was allowed by this court on 31.3.1992 and the grant of permits under section 80 of 1988 act to the respondents/private operators of civil appeal no. ..... in appeal, the judgment of the high court was upheld by this court in civil appeal no. ..... (civil) no. ..... (civil) no. ..... civil appeal no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2005(1)ESC90; [2005(104)FLR843]; JT2004(10)SC320; 2004(10)SCALE124; (2005)2SCC286; 2005(2)SLJ264(SC); (2005)1UPLBEC571
..... when the said pay scale was not given, a contempt petition was filed and that contempt petition was disposed of by learned single judge directing the state government to allow the petitioners in those two civil rule nos.3469 and 3470 of 1982 same scale of pay as that of surveyors. ..... it appears that the decisions in the aforesaid civil rule petitions were given by the single judge of the high court without there being any affidavit filed by the state government and without examining the duties and responsibilities performed by amins and surveyors ..... the case of the petitioners in those civil rules was that they were recruited as amins under the land records and surveyors, directorate, government of west bengal. ..... being civil rule no.3470 (w) of 1982, which were disposed of by order dated june 6,1985 by learned single judge, justice subhas chandra sen ( as he then was). ..... being civil rule no.3469(w) of 1982 and the other by abdul bari and ors. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC242; 2005(2)ALD49(SC); 2005(5)ALLMR(SC)322; 2005(2)AWC1865(SC); 2005(1)CTC156; [2009(104)FLR369]; [2005(2)JCR93(SC)]; 2005(1)KarLJ486; (2005)ILLJ566SC; 2005(2)MhLj
..... since the scope of the writ petition filed by the management was entirely distinct and separate from the suit instituted by the management in the civil court, we are of the view, that, the high court had erred in directing the trial court not to proceed with the drawing up of the ..... stage, it may be mentioned that the respondent applied for stay of the trial pending in the city civil-court, bangalore under section 10 read with section 151 cpc. ..... language of section 10 suggests that it is referable to a suit instituted in the civil court and it cannot apply to proceedings of other nature instituted under any other statute ..... before the high court challenging the order of the city civil judge, bangalore, dismissing application for stay under section 10 cpc ..... of 1995 in the court of city civil judge, bangalore, seeking a decree for ..... in the court of city civil judge, bangalore, was maintainable.8 ..... 2000, issues were framed by the civil court in the aforestated suit no ..... by the appellant against the award of the labour court was pending in the high court and since the high court was superior to the civil court it was desirable to stay the passing of the decree by the civil court. ..... above, section 10 cpc is referable to a suit instituted in a civil court, the proceedings before the labour court cannot be equated with the proceedings before the civil court. ..... by grant of special leave is directed against judgment and order dated 8.9.2003 passed by the high court of karnataka in civil revision petition no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC1594; 2008(1)ARBLR452(SC); (2008)1CompLJ393(SC); JT2008(3)SC32; 2008(4)MhLj31; 2008(3)SCALE92; (2008)4SCC91; [2008]82SCL495(SC); 2008AIRSCW1766
..... all the following sections of this chapter, 'court' means the principal civil court of original jurisdiction in a district, and includes the high court in exercise of its ordinary original civil jurisdiction, having jurisdiction over the subject-matter of the award if the same had been the subject-matter of a suit, but does not include any civil court of a grade inferior to such principal civil court, or any court of small causes.as rightly pointed out, it is ..... as rightly pointed out, it cannot be that an order passed by the clb becomes appealable to a civil court or a court exercising civil jurisdiction when parliament has chosen to provide for a specific appellate forum which should hear the appeal from the orders of the clb ..... : [1974]3scr882 , while considering relevant provisions from the civil procedure code in respect of right of appeal against a finding, res ..... there is an inherent right in every person to bring a suit of a civil nature and unless the suit is barred by statute one may, at one's peril, bring a suit of one ..... - notwithstanding anything contained in part i or in the code of civil procedure, 1908 (5 of 1908), a judicial authority, when seized of an action in a matter in respect of which the parties have made an agreement referred to in section 44, shall, at the request of one of the parties or any person claiming through or under ..... other hand, section 50 of the arbitration act specifically used the word 'authorized by law' and not the 'civil procedure code' or 'suit. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(4)AWC3405(SC); JT2009(13)SC44; 2009(8)SCALE698:2009AIRSCW5341;
..... be tried again for the same offence if the conditions mentioned therein are satisfied; (4) if the criminal case and the civil proceedings are for the same cause, judgment of the civil court would be relevant if conditions of any of sections 40 to 43 are satisfied, but it cannot be said that the same would be conclusive except as provided in section 41. ..... what emerges from the aforesaid discussion is -- (1) the previous judgment which is final can be relied upon as provided under sections 40 to 43 of the evidence act; (2) in civil suits between the same parties, principle of res judicata may apply; (3) in a criminal case, section 300 crpc makes provision that once a person is convicted or acquitted, he may not ..... been upheld.noticing the provisions of the universal declaration of human rights and european convention for the protection of human rights and fundamental freedoms as also international convention on civil and political rights and consequent change in the approach in some of the courts, it was opined that limited inroads on presumption would be justified. ..... whereas a provision containing reverse burden on an accused would be construed strictly and subject to the strict proof of the foundational fact by the complainant, in a civil proceeding no such restriction can be imposed.application of section 118(a) and 139 of the negotiable instruments act on the touchstone of the principles of presumption of innocence fell for .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009ACJ2444; AIR2009SC3098; 2009(4)AWC3171(SC); JT2009(8)SC515; 2009(8)SCALE545; (2009)7SCC372; 2009AIRSCW4984
..... , both the two aforesaid cases were in relation to awards having been made under the arbitration act, a principle has been enunciated that in cases where a money award is made, the principles of section 34 of the civil procedure code and section 3 of the interest act could be invoked to award interest from the date of the award till the realisation thereof.23. ..... this court went on to observe that the courts have taken a view that the award on interest under section 34 of the civil procedure code is a matter of procedure and ought to be granted in all cases where there is a decree for money unless there are strong reasons to decline the ..... as indicated hereinbefore, apart from the provisions of the interest act, section 34 of the civil procedure code also empowers the court to order interest on a decree for payment of money in the following ..... ;(b) shall affect-(i) the compensation recoverable for the dishonour of a bill of exchange, promissory note or cheque, as defined in the negotiable instruments act, 1881 (26 of 1881); or(ii) the provisions of rule 2 of order 11 of the first schedule to the code of civil procedure, 1908 (5 of 1908);(c) shall empower the court to award interest upon interest.14. ..... of india : air1999sc1258 , this court, while considering grant of interest in respect of an amount awarded in an arbitration proceeding under section 9 of the arbitration act, 1940 read with section 34 of the civil procedure code, observed that there are four stages of grant of interest. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC1534; 2008(2)AWC1422(SC); (SCSuppl)2008(2)CHN70; 2008(1)CTLJ315(SC); JT2008(3)SC115; (2008)2MLJ1100(SC); 2008(2)SCALE622; 2008AIRSCW1664; 2008(3)CivilLJ119; 2008(3)LH(SC)1887; 2008(2)ICC374
..... : [1969]3scr976 , it was inter-alia held as follows (at para 6):trial of a civil dispute in court is intended to achieve, according to law and the procedure of the court, a judicial determination between the contesting parties of the matter in controversy ..... according to the present respondent, who was the petitioner in the civil revision petition, even without dictating the judgment to the stenographer, transcribing and signing the same, simply an endorsement in the plaint docket sheet was made to the effect that the plaintiff in the suit was ..... challenge in this appeal is to the judgment of a learned single judge of the madras high court allowing the civil revision petition filed highlighting the irregularities committed by the learned seventh assistant city civil judge, chennai while pronouncing the judgment in o.s. no. ..... learned counsel for the appellant submitted that the course adopted by learned city civil judge is permissible in law in the background of order xx, rule-5 of the code of civil procedure, 1908 (in short `the cpc'). 4. ..... 'judgment' as defined in section 2(9) of the code of civil procedure means the statement given by the judge of the grounds for a decree or ..... accordingly, the civil revision petition was allowed and judgment dated 24.03.1999 was set aside and the matter was remitted to the present seventh assistant city civil judge, chennai who was to hear the arguments afresh and render a decision ..... counsel appearing for the respondent in the civil revision petition i.e. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IVAD(SC)546; 1996(4)SCALE326; (1996)4SCC461; [1996]Supp1SCR616
..... in our opinion, since the parties were present before the high court in the civil revision, on the plainest consideration of justice, it should have assigned reasons for dismissing the civil revision petition against the order of the executing court. ..... the order of the high court dismissing the civil revision petition, in-limine, thus, cannot be sustained. ..... the executing court has not dealt with the issue and the high court, also did not deal with that question and dismissed the civil revision petition by one word 'dismissed'. ..... we, however, clarify that we are expressing no opinion on the merits of the civil revision petition.4. ..... we, accordingly, accept this appeal and set aside the order of the high court and remand the civil revision petition no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC1788; 2007(2)AWC2082(SC); JT2007(8)SC318; 2007(4)KarLJ463; 2007(4)MhLj427; (2007)4MLJ608(SC); 2007MPLJ15(SC); (2007)146PLR800; 2007(3)SCALE478; (2007)3SCC569; 2007AIRSCW2979
..... for the reasons indicated above, without expressing any opinion on the merits of the case, we allow this civil appeal, set aside the impugned judgment of the high court dated 22.3.1999 in rfa no. ..... similarly, the impugned judgment has failed to consider the effect of the observations made by the civil court in the suit filed by iyengar for permanent injunction bearing suit no. ..... we need not go into the various stages of this litigation except to state that ultimately by judgment dated 14.12.1961 delivered by additional civil judge, bangalore vide regular appeal no. ..... the facts giving rise to this civil appeal are as follows.one kalyana sundram iyer was the owner of the suit properties. h.r ..... as stated at the outset, the present civil appeal is filed by the lrs. ..... 3656/81 on the file of city civil judge, bangalore, decreeing the suit for declaration ..... setlur (plaintiff) in the present proceedings instituted, before the additional city civil court, bangalore, suit no. ..... as stated, this civil appeal arises from the judgment of the high court in rfa no ..... 79/49 which came to be ultimately dismissed vide judgment dated 14.12.1961 delivered by additional civil judge, bangalore in ra no. 70/51. ..... the said suit was dismissed on 10.11.1961 by the additional civil judge, bangalore. ..... hence this civil appeal has been filed by the ..... this civil appeal arises out of judgment and decree rendered by karnataka high court on 22.3.1999 filed under section 96 cpc against judgment and decree dated 11.10.1996 passed in o.s. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VIAD(SC)306; JT1996(9)SC1; 1996(5)SCALE700; (1996)5SCC701; [1996]Supp4SCR59
..... therein, it was held that after the decree becomes final, unless the decree is duly amended in accordance with law, the civil court has no jurisdiction to amend the decree and pass additional amount under the amendment act.6. ..... therein, without seeking reference under section 18 and the procedure to be followed under sections 18 to 20 and 31, civil suit came to be filed for determination of the compensation for the acquired land. ..... land acquisition officer, upon the receipt and after service of the notice, section 22 envisages that every proceedings shall be taken in the open court and all persons entitled to practice in any civil court in a state shall be entitled to appear, plead and act in such proceedings. ..... when reference was made under section 18, it should be to the principal civil court of original jurisdiction or special judicial officer within any specified local limits to perform the functions of the court. ..... 'court' has been defined in section 2[d] of the act to mean 'a principal civil court of original jurisdiction unless the appropriate government has appointed a special judicial officer within any specified local limits to perform the functions of the court under this act'. ..... the order of the high court stands set aside and that of the civil court stands restored. ..... , determination of the compensation on reference and an appeal thereunder to the civil court under section 54. ..... it was held that civil suit was not maintainable in view of the inconsistency found in the act, viz. .....
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