Most Rev. P. M. A. Metropolitan and others Versus Moran Mar marthoma Mathews and another [ ALL SC 1996 MARCH ]

AIR 1996 SC 3121 : (1996) 3 SCR 857 : (1996) 8 SCC 470 : JT 1996 (3) SC 446 : (1996) 3 SCALE 89 (SUPREME COURT OF INDIA) Most Rev. P. M. A. Metropolitan and others Appellant Versus Moran Mar marthoma Mathews and another Respondent (Before: B. P. Jeevan Reddy, S. C. Sen And… Read More Most Rev. P. M. A. Metropolitan and others Versus Moran Mar marthoma Mathews and another [ ALL SC 1996 MARCH ]

CHURCH of SOUTH India Trust Association Appellant Versus Telugu Church Council [ALL SC 1996 JANUARY]

KEYWORDS:- RES JUDICATA AIR 1996 SC 987 : (1996) 1 SCR 322 : (1996) 2 SCC 520 : JT 1996 (1) SC 277 : (1996) 1 SCALE 253(2) (SUPREME COURT OF INDIA) CHURCH of SOUTH India Trust Association Appellant Versus Telugu Church Council Respondent (Before: S. C. Agrawal And B. P. Jeevan Reddy, JJ.) Civil… Read More CHURCH of SOUTH India Trust Association Appellant Versus Telugu Church Council [ALL SC 1996 JANUARY]

Bakhtawar Singh and another Vs Sada Kaur and another [ALL SC 1996 AUGUST]

KEYWORDS:- WITHDRAWL OF SUIT- DEFECT WAS NOT EXPLAINED- DEFECTIVE SUIT “the order dated May 20, 1971 passed by the civil court was on record which did not indicate as to what was the formal defect in the suit by reason of which the permission to withdraw the same was accorded”. DATE:-28-08-1996 AIR 1996 SC 3488… Read More Bakhtawar Singh and another Vs Sada Kaur and another [ALL SC 1996 AUGUST]

Vellore Citizens Welfare Forum Appellant Versus Union of India and ORS[ALL SC 1996 AUGUST]

KEYWORDS:-POLLUTION CONTROL-PIL DATE:-28-08-1996 Precautionary principle and the polluter pays principle are part of the environmental law of the country. AIR 1996 SC 2715 : (1996) 5 Suppl. SCR 241 : (1996) 5 SCC 647 : JT 1996 (7) SC 375 : (1996) 6 SCALE 194 (SUPREME COURT OF INDIA) Vellore Citizens Welfare Forum Appellant Versus… Read More Vellore Citizens Welfare Forum Appellant Versus Union of India and ORS[ALL SC 1996 AUGUST]

D.K. Basu v. State of West Bengal[ALL SC 1996 December]

KEYWORDS:- CUSTODIAL DEATH- VIOLENCE DATE: 18-12-1996. Monetary or pecuniary compensation is an appropriate and indeed an effective and sometimes perhaps the only suitable remedy for redressal of the established infringement of the fundamental right to life of a citizen by the public servants and the State is vicariously liable for their acts AIR 1997 SC 610… Read More D.K. Basu v. State of West Bengal[ALL SC 1996 December]

Union of India and others Vs Dev Raj Gupta  and others [ALL SC 1990 OCTOBER]

Conversion of land in Delhi (SUPREME COURT OF INDIA) Union of India and others Versus Dev Raj Gupta  and others (Before: P. B. Sawant And K. Ramaswamy, JJ.) Civil Appeal No. 1996 of 1990, Decided on: 23-10-1990. Delhi Development Act, 1957—Section 7—Urban Land (Ceiling and Regulation) Act, 1976—Section 20(1). Judgment Sawant, J—This appeal raises some… Read More Union of India and others Vs Dev Raj Gupta  and others [ALL SC 1990 OCTOBER]

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

V. KISHAN RAO Vs. NIKHIL SUPER SPECIALITY HOSPITAL AND ANOTHER [ALL SC 2010 MARCH]

We are of the view that aforesaid directions are not consistent with the law laid down by the larger Bench in Mathew (supra). In Mathew (supra), the direction for consulting the opinion of another doctor before proceeding with criminal investigation was confined only in cases of criminal complaint and not in respect of cases before the Consumer Forum. The reason why the larger Bench in Mathew (supra) did not equate the two is obvious in view of the jurisprudential and conceptual difference between cases of negligence in civil and criminal matter. This has been elaborately discussed in Mathew (supra). This distinction has been accepted in the judgment of this Court in Malay Kumar Ganguly (supra) (See paras 133 and 180 at pages 274 and 284 of the report).… Read More V. KISHAN RAO Vs. NIKHIL SUPER SPECIALITY HOSPITAL AND ANOTHER [ALL SC 2010 MARCH]

SECURITIES AND EXCHANGE BOARD OF INDIA (MUTUAL FUNDS) REGULATIONS, 1996

CHAPTER I: PRELIMINARY 1. Short title, application and commencement 2. Definitions CHAPTER II: REGISTRATION OF MUTUAL FUND 3. Application for registration 4. Application fee to accompany the application 5. Application to conform to the requirements 6. Furnishing information 7. Eligibility criteria 8. Consideration of application 9. Grant of Certificate of Registration 10. Terms and conditions… Read More SECURITIES AND EXCHANGE BOARD OF INDIA (MUTUAL FUNDS) REGULATIONS, 1996

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