Pleadings are foundation of a case

Pleadings are foundation on which evidence can be lead. Opportunity of proof and evidence need not be given if pleading to effect are not there. 2011 (2) Bom CR (OS) 266

Guarantee - when the debt accrues

The liability of the guarantor would not arise until (a) the borrower has failed; and (b) a notice of demand has been served on the guarantor. Only then can it be said that the debt would accrue. 1981 51 comp cases 301


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Presence of witnesses in cross examination

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)

Right to information - no need to give reasons

AIR 2011 Bom 53

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.

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

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.

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.