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Tuesday, June 21, 2011
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.)
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