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Tuesday, June 21, 2011

Publicity to a debt

In England, it is an offence by statute to unduly publicise the existence of any debit with the object of concerning the debtor to pay.  This is unlawful harassment. Argyll v. Argyll, (1965) 1 All ER 611 (Thomas J.)

Monday, June 20, 2011

Same lawyer cant act for both parties

Hilton v. Barker Booth, 2005 1 All ER 651



Sunday, June 19, 2011

Thursday, June 9, 2011

Re: Legal Aid

Mere ground that petitioner is a woman, she is not entitled to legal aid. Existence of prima facie case for granting of legal aid is necessary. AIR 2011 NOC  212 AP

Penalty and Forfeiture Clause

There is no absolute right to forfeit entire amount without proof of total damages. When material on record shows that extent of damages is less, no one can be allowed to enrich himself by taking advantage of the forfeiture clause. When actual loss is ascertainable , entire forfeiture cannot be held valid. AIR 2011 AP 65.

'consumer' and cooperative soiciety

Complaint against Society is maintainable but members cannot be held personally liable. AIR 2011 Bom 68.

Arbitration - section 9 - when exercised

Interim injunction 

Court will not grant injunction where court feels that the grant of injunction would frustrate the object of arbitration. AIR 2011 Mad 110