Important Civil Cases Judgement from Supreme Court - November 24 to January 2025

1- Stay

Law Point - Interlocutory Order Passed By Trial Court Can’t Be Vacated By Appellate Court Unless Shown To Be Perverse, Arbitrary: Supreme Court.

Case Name - In the Supreme Court Of India - Civil Appellate Jurisdiction - Civil Appeal No. 13001 Of 2024- (@Special Leave Petition(Civil) No. 252 Of 2023- Ramakant Ambalal Choksi  Vs  Harish Ambalal Choksi & Others

Link - https://indiankanoon.org/doc/96843741/

2- Limitation

Law Point -Section 17(1) of the Limitation Act. Section 17(1)(b) and (d) encompass only those fraudulent documents or acts of concealment of documents which have the effect of suppressing knowledge entitling the party to pursue his legal remedy. Once a party becomes aware of antecedent facts necessary to pursue legal proceedings, the period of limitation commences.

Case Name - In The Supreme Court Of India- Civil Appellate Jurisdiction- Civil Appeal No. Of 2022 - (Arising Out Of Special Leave Petition (C) No. 27794 Of 2016)-   Saranpal Kaur Anand – Versus - Praduman Singh Chandhok And Others .

Link - https://indiankanoon.org/doc/37682561/

3- Land Acquisition Act

Law Point- We find that in the present case, the appellants were required to knock at the doors of the courts on number of occasions during the period of last twenty-two years. The appellants have been deprived of their property without paying any compensation for the same in the said period of last twenty-two years. As already discussed hereinabove, the appellants had purchased the plots in question for construction of residential houses. Not only have they not been able to construct, but they have also not been even paid any compensation for the same. As discussed hereinabove, though Right to Property is no more a fundamental right, in view of the provisions of Article 300-A of the Constitution of India, it is a constitutional right. A person cannot be deprived of his property without him being paid adequate compensation in accordance with law for the same.", the court said. “We, therefore, in exercise of power of this Court under Article 142 of the Constitution of India, find it appropriate in the interest of justice that the SLAO be directed to determine the compensation to be awarded to the appellants herein on the basis of the market value prevailing as on 22nd April 2019.

Case Name - In The Supreme Court Of India- Civil Appellate Jurisdiction- Civil Appeal No. Of 2022- (Arising Out Of Special Leave Petition (C) No. 27794 Of 2016)- Saranpal Kaur Anand -Versus- Praduman Singh Chandhok And Others -  The Supreme Court Of India- Civil Appellate Jurisdiction- Civil Appeal No. Of 2025- (Arising Out Of Slp (C) No. 10338 Of 2023)-  Bernard Francis Joseph Vaz And Others  Versus Government Of Karnataka And Others

Link - https://indiankanoon.org/doc/99751019/

4- Amendment of Plaint (Order VI Rule 17 of CPC)

  Law Point - The appellants argued that the amendment changed the nature and character of the suit, introducing a new claim. 

   - Court's Ruling 

     - Amendments are permissible if they do not fundamentally alter the suit's original nature. 

     - The amendment was deemed necessary for the effective adjudication of the dispute, as it involved facts forming a continuous chain.

Case Name - In the Supreme court of India- The State of West Bengal & Ors. - vs.-  PAM Developments Private Limited & Anr. (2025 INSC 69)

Link https://api.sci.gov.in/supremecourt/2024/18842/18842_2024_11_1501_58494_Judgement_09-Jan-2025.pdf

#supremecourtjudgementon civillaw #judiciaryexampreparation #civiljudgeexam #cpcpreparationforjudiciariry

Civil Procedure Code

Land Acqusition act

Order 39 Rule 1 of CPC

Limitation act

Supreme court judgemnts ob Civil cases Important