M/s. Shree Chamundi Mopeds Ltd. Appellant Versus CHURCH of SOUTH India Trust Association, Madras [ALL SC 1992 APRIL ]

AIR 1992 SC 1439 : (1992) 2 SCR 999 : (1992) 3 SCC 1 : JT 1992 (3) SC 98 : (1992) 1 SCALE 947 (SUPREME COURT OF INDIA) M/s. Shree Chamundi Mopeds Ltd. Appellant Versus CHURCH of SOUTH India Trust Association, Madras Respondent (Before: N. M. Kasliwal, M. M. Punchhi And S. C. Agrawal,… Read More M/s. Shree Chamundi Mopeds Ltd. Appellant Versus CHURCH of SOUTH India Trust Association, Madras [ALL SC 1992 APRIL ]

Punjab National Bank and others Versus Surendra Prasad Sinha [ALL SC 1992 APRIL]

Keywords:- Limitation-Time barred Debt- The rules of limitation are not meant to destroy the rights of the parties. S. 3 of the Limitation Act 36.of 1963, for short “the Act” only bars the remedy, but does not destroy the right which the remedy relates to. The right to the debt continues to exist notwithstanding the… Read More Punjab National Bank and others Versus Surendra Prasad Sinha [ALL SC 1992 APRIL]

Shri Kihota Hollohon Vs Mr. Zachilhu and others[ALL SC 1992 FEBRUARY]

KEYWORDS:-POWER OF SPEAKER- DATE:- 18-02-1992 AIR 1993 SC 412 : (1992) 1 SCR 686 : (1992) 2 Suppl. SCC 651 : JT 1992 (1) SC 600 : (1992) 1 SCALE 338 (SUPREME COURT OF INDIA) Shri Kihota Hollohon Appellant Versus Mr. Zachilhu and others Respondent (Before: L. M. Sharma, M. N. Venkatachaliah, J. S. Verma,… Read More Shri Kihota Hollohon Vs Mr. Zachilhu and others[ALL SC 1992 FEBRUARY]

It is settled legal position that court is to respond only to issue agitated before it and in case at the time of hearing issue was not taken the court cannot deal with it-SC

(2010) 96 AIC 241 : (2011) AIR(SC)Civil 53 : (2010) 6 ALLMR(SC) 949 : (2011) 2 AllWC 1592 : (2010) 83 ALR 709 : (2010) 3 ARC 632 : (2011) 2 ICC 684 : (2011) 1 RCR(Rent) 190 : (2011) 2 RecentApexJudgments(RAJ) 98 : (2011) 1 RentLR 315 : (2010) 11 SCALE 302 : (2010)… Read More It is settled legal position that court is to respond only to issue agitated before it and in case at the time of hearing issue was not taken the court cannot deal with it-SC

SEBI CIRCULAR-Total Expense Ratio (TER) and Performance Disclosure for Mutual Funds-October 22, 2018

Securities and Exchange Board of India CIRCULAR SEBI/HO/IMD/DF2/CIR/P/2018/137 October 22, 2018 All Mutual Funds (MFs)/ Asset Management Companies (AMCs)/ Trustee Companies/ Boards of Trustees of Mutual Funds/ Registrar and Transfer Agents (RTAs)/ Association of Mutual Funds in India (AMFI) Sir / Madam, Subject: Total Expense Ratio (TER) and Performance Disclosure for Mutual Funds A. Transparency in… Read More SEBI CIRCULAR-Total Expense Ratio (TER) and Performance Disclosure for Mutual Funds-October 22, 2018

A decree obtained by fraud cannot be used as a res judicata and the same can be challenged by a separate Suit-SC

The judiciary in India also possesses inherent power, specially u/s 151 CPC, to recall its judgment or order if it is obtained by fraud” on Court, In the case of fraud on a party to the suit or proceedings, the Court may direct the affected party to file a separate suit for setting aside the decree obtained by fraud. Inherent powers are powers, which are resident in all Courts, especially of superior jurisdiction. These powers spring not from legislation but from the nature and the constitution of the tribunals or Courts themselves so as to enable them to maintain their dignity, secure obedience to its process and rules, protect its officers from indignity and wrong and to punish unseemly behavior. This power is necessary for the orderly administration of the Court’s business.… Read More A decree obtained by fraud cannot be used as a res judicata and the same can be challenged by a separate Suit-SC

STATE (THROUGH) CENTRAL BUREAU OF INVESTIGATION Vs. SHRI KALYAN SINGH (FORMER CM OF UP)[ALL SC 2017 APRIL]

A number of judgments have been cited including the celebrated Supreme Court judgment in Supreme Court Bar Association v. Union of India & Another, 1998 (4) SCC 409, in which a Constitution Bench of this Court held that Article 142 cannot authorize the Court to ignore the substantive rights of a litigant while dealing with the cause pending before it and cannot be used to supplant the substantive law applicable to the cause before this Court. A large number of other judgments following this judgment were also cited. … Read More STATE (THROUGH) CENTRAL BUREAU OF INVESTIGATION Vs. SHRI KALYAN SINGH (FORMER CM OF UP)[ALL SC 2017 APRIL]

BALAJI RAGHAVAN AND S.P. ANAND  Vs. UNION OF INDIA [ ALL SC 1995 DECEMBER]

Bharat Ratna and Padma awards are not “titles” within Article 18 of the Constitution of India. These awards can be given to the citizens for exceptional and distinguished services rendered in art, literature, science and other fields. These awards are national in character and only those who have achieved distinction at national level can be considered for these awards. The question to be considered, however, is whether the purpose of instituting these awards is being achieved and these are being conferred on the deserving persons. The history and experience shows that, in the beginning, these awards were given to a limited number of persons but in the recent years there have been floodgates of awards for the persons who are well known, lesser known and even unknown. The Padma awards have been conferred on businessmen and industrialists who have multiplied their own wealth and have hardly helped the growth of national interest. Persons with little or no contribution in any field can be seen masquerading as Padma awardees. The existing procedure for selection of candidates is wholly vague and is open to abuse at the whims and fancies of the persons in authority. Conferment of Padma awards without any firm guidelines and fool-proof method of selection is bound to breed nepotism, favoritism, patronage and even corruption.… Read More BALAJI RAGHAVAN AND S.P. ANAND  Vs. UNION OF INDIA [ ALL SC 1995 DECEMBER]

Mysore Urban Development Authority Vs. K.M. Chikkathayamma & Ors.[ALL SC 2018 September]

September 07, 2018: LAND ACQUISITION-Any act done by the parties in relation to the subject matter of the appeals after the impugned order, cannot be pressed into service to support the impugned order. In other words, the legality and correctness of the impugned order has to be examined in the light of reasoning contained in the impugned order and not on the basis of the acts done by the parties subsequent to the passing of impugned order. It is for this reason the acts done by the party subsequent to passing of the impugned order are of no relevance for deciding the present appeals. APPEAL ALLOWED.… Read More Mysore Urban Development Authority Vs. K.M. Chikkathayamma & Ors.[ALL SC 2018 September]

Navtej Singh Johar & Ors. Vs. Union of India through Secretary, Ministry of Law and Justice [ALL SC 2018 September]

September 6, 2018:-SECTION 377of IPC-Homosexuality-It is declared that insofar as Section 377 criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15, 19, and 21 of the Constitution. It is, however, clarified that such consent must be free consent,… Read More Navtej Singh Johar & Ors. Vs. Union of India through Secretary, Ministry of Law and Justice [ALL SC 2018 September]