Fixation of rate of interest

See 2011 (3) BomCR (A.B) 114

       2011 (3) BomCR (SC) 87

Discussion on fixation of rate of interest

Consumer Status in Electricity

If a premises are used as residential premises and professional also carries on his professional work there, he is entitled to benefit of residential tariff LT-1. Position would be different when premises are not used for regulatory purposes. Krupa Zubin v. MHERC, 2011 (2) BCR (OS) 510

No pleading, No evidence.

Pleadings are foundation on which evidence can be lead. No evidence is permitted if there is no pleading. 2011 (2) Bom CR (OS) 266.

Equality

Nobody is above the law. Arundhati Walavalkar v. State of Maharashtra, 2011 (2) Bom CR (SC) 14. [prosecution of a judge travelling without ticket]

Examination of witness - presence of other witnesses

There is no specific provision in CPC to provide that when a witness is being examined, other witnesses who are proposed to be examined by party concerned should not be present in court. Indur Kartar Chhugani, 2011 (2) Bom CR (OS) 12.

Cheque Bounce and 420 IPC

Conviction under Section 138 of the NI Act. Prosecution under 420 IPC was barred by Section 300(1) of CRPC. Kolla Veera Raghav Rao, 2011 (2) Bom CR (Cri) SC 754

CPC and arbitration

Strict provisions of Evidence Act or CPC are not to be followed by arbitrator, but principles of natural justice cannot be over looked at any stage of proceeding. Shunk Corrugators, 2011 (2) BomCR (OS) 19

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.)

Same lawyer cant act for both parties

Hilton v. Barker Booth, 2005 1 All ER 651

Without Prejudice

2006(14)SCALE300

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

Service of posts

Endorsement "not claimed" tantamounts to valid service. AIR 2011 Cal 72

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. AP 2011 NOC

Winding up - disputed debt

Dispute in relation to a debt means dispute between the petitioner and the respondent company. There is a privity of contract, and dispute between third party and the respondent company is not relevant.

Sunil Kothari v. Today Homes, (2011) 107 SCL 216 (Delhi)

Period of limitation cannot be curtailed or cut short by contract

National Insurance Co. Ltd. v. Sujir Ganesh Nayak (1997 Supreme Court dated 21.03.1997)

Period of limitation cannot be cut short by contract.


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