Landmark cases of CPC of India
The Code of Civil Procedure (CPC) in India is a procedural law that governs the conduct of civil litigation in the country. Several landmark cases have shaped the interpretation and application of the CPC. While it's impossible to list all such cases, here are some significant landmark cases related to the CPC in India:
1. Maneka Gandhi v. Union of India (1978): This case established that the right to personal liberty under Article 21 of the Indian Constitution is not an absolute right and can be deprived under a law that is fair, just, and reasonable. It significantly expanded the scope of judicial review of administrative actions.
2. Era Sezhiyan v. District Collector (1983): This case clarified the scope of the review jurisdiction of the High Court under Article 226 of the Constitution and emphasized that the High Court has wide powers of review and may interfere with administrative actions that are ultra vires.
3. C.K. Daphtary v. O.P. Gupta (1971): In this case, the Supreme Court held that the power of the High Court to issue a writ of mandamus is a discretionary power and is used to enforce duties or performance of public functions.
4. E.P. Royappa v. State of Tamil Nadu (1974): This landmark case emphasized that administrative actions must be reasonable and non-arbitrary. It laid down the principle of "equality" in administrative law.
5. Keshavananda Bharati v. State of Kerala (1973): While this case is primarily associated with constitutional law, it is significant for recognizing the power of the judiciary to review and strike down constitutional amendments that violate the basic structure of the Constitution. This has implications for procedural and substantive rights protected under the CPC.
6. Arun Kumar Agrawal v. National Insurance Company Ltd. (2010): This case clarified the liability of an insurance company in a motor accident case and the need for prompt and efficient resolution of such claims.
7. Bharat Singh v. State of Haryana (1988): This case dealt with the issue of res judicata and held that a judgment of acquittal does not operate as res judicata in a subsequent civil suit for damages.
8. Sushil Ansal v. State Through CBI (2015): This case dealt with the issue of sentence modification in criminal cases. It emphasized that the court's inherent power under Section 482 of the CPC can be exercised to modify a sentence.
9. Chinnathambi v. Kaliappa Gounder (1980): This case clarified the principles of res judicata, especially in the context of a family settlement and partition deed.
10. M.C. Mehta v. Union of India (1987): This landmark environmental case involved the enforcement of environmental laws and regulations. It highlighted the importance of environmental protection in the context of civil litigation.
These cases have contributed significantly to the interpretation and application of the Code of Civil Procedure in India and have influenced legal precedents and principles related to civil litigation in the country.
We invite all the business founders who want AI Marketing in Jaipur, Rajasthan, India.MSME, Startups, Enterprises, Unprofessional, and professionals are welcome at our business university as a supper app and www.thelegalbank.com platform. We are ready to support our every business partner according to industry 4.0, and 5.0. You can contact us on 9116098980/9119112929. You can visit on www.zumosun.com or mail us on email@example.com
Referral and Affiliate Collaboration
We invite all the people and businesses to empower themselves as well as our friends. You can refer this link to your friends who need these services and information to solve the problem by the professionals and you can earn the best trust and financial rewards in many forms. We have every type of infrastructure for you and your friends' business from company incorporation to website, app, software development, and tax services, many more. Everyone can buy and sell everything on our platform at any time.
Researcher and Writers: -
1.Intellectual Property Owner:- Zumosun Soft Group*,
2.Product Research & Invention Director:-Scientist, Engineers, Advocates, Financers, Economist, Chartered Accountants, Company Secretary, Professionals Team**
3.Researcher & Scientific Work :- Prakash Chand Sharma***
4.Technical Knowledge Director:- ACA Jayesh Sharma****
5.Technical Knowledge Officer:- ACS Neetu Sharma*****
6.Technology & Intelligence Director:- Devendra Choudhary******
Founders, Designated Partners & Associate of Zumosun Group
Mobile: +91 9116098980/9119112929 email: firstname.lastname@example.org