Applicable law

2006 5 SCC 702 - law will apply which is in force at the time of the grant not which is at the time of the making of an application.

(1996) 5 SCC 268

[1995] 2 All ER 714

482 and discharge

Notwithstanding that discharge application can be filed, a petition under 482 CrPC is still maintainable. 1998 7 SCC 698

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.)