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.