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.
2011 (2) Bom CR 12 (OS)
2011 (2) Bom CR 12 (OS)
Tuesday, May 10, 2011
Use of Hindi in HIGH COURTs
AIR 2011 NOC 178 (All)
Arguments and pleadings can be in Hindi, but a judge cannot be compelled to deliver a judgment in Hindi. Hindi pleadings to be accompanied by english translations
No sanskrit permissible.
Arguments and pleadings can be in Hindi, but a judge cannot be compelled to deliver a judgment in Hindi. Hindi pleadings to be accompanied by english translations
No sanskrit permissible.
Withdrawal application
Application for withdrawal of withdrawal application is maintainable AIR 2011 SC 1137
Money lending
Advancing of friendly loan as an isolated single transaction does not require money lending license. AIR 2011 Jha 47
Power of Attorney Holder is not entitled to right of audience
Varsha Maheshwari v. Bhushan Steels, AIR 2011 Bom 58.
except with permission of the court
except with permission of the court
SEBI Act - when can Art 226 be invoked.
Rose Valley Real Estates & Construction Ltd v. SEBI, [2011] 106 SCL 598
While the power under Art 226 can be exercised for (a) judicially reviewing a decision or order of the Board in absence of a functioning Tribunal; and (b) for examining the validity of the decision or order when its validity is challenged questioning the vires of the statute or the provision under which the decision or order is made, it can also also be exercised in the interest of justice or for preventing a miscarriage of justice, e.g. when the aggrieved person is unable to appeal under Section 15T or 15Z for absence of decision or order of the Board or the Tribunal.
While the power under Art 226 can be exercised for (a) judicially reviewing a decision or order of the Board in absence of a functioning Tribunal; and (b) for examining the validity of the decision or order when its validity is challenged questioning the vires of the statute or the provision under which the decision or order is made, it can also also be exercised in the interest of justice or for preventing a miscarriage of justice, e.g. when the aggrieved person is unable to appeal under Section 15T or 15Z for absence of decision or order of the Board or the Tribunal.
Right to Information Act - constitutionality
Constitutional validity of second schedule of the Right to Information Act 2005 (i.e. exclusion of certain organisation) relating to Enforcement Directorate is upheld.
[2011] 106 SCL 564, ESAB India v. Special Director, Enforcement Directorate.
[2011] 106 SCL 564, ESAB India v. Special Director, Enforcement Directorate.
fraudulent conduct of business - mens rea
Application under Section 542/543 of the Companies Act, 1956 for fraudulent conduct of business - such allegation which is criminal nature in nature, it is necessary to prove that such an allegation which is criminal in nature, it is necessary to specifically plead and prove, and mens rea is required.
OL v. V. Selvaraj (Madras) SCL (mag) 56
OL v. V. Selvaraj (Madras) SCL (mag) 56
Thursday, May 5, 2011
Notice when complete
Notice is effective against the person to whom it is sent only when it reaches him
AIR 1996 SC 330
1998 92 Comp Cas 517 (Kar.)
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