Nobody is above the law. Arundhati Walavalkar v. State of Maharashtra, 2011 (2) Bom CR (SC) 14. [prosecution of a judge travelling without ticket]
Tuesday, June 21, 2011
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.)
Monday, June 20, 2011
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.
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