Articles for Counter Claim

Order VIII Rule 6 CPC | Can't Reject Counter Claim If Omissions Pointed Only At Appellate Stage, Not During Trial: Kerala High Court
1 year, 3 months ago

Order VIII Rule 6 CPC | Can't Reject Counter Claim If Omissions Pointed Only At Appellate Stage, Not During Trial: Kerala High Court

Live Law  

The Kerala High Court has held that counterclaims have to be filed in accordance with the procedure prescribed under Order VIII Rule 6A-6G of CPC and any omissions in form and content of counterclaims has to be pointed by the opposite party at the trial stage itself. The counsel for the plaintiffs submitted that the counter claims filed by the …

Trial Court Order Claims Cpc Filed Rule
Time Spent On Application Under Section 8 Of A&C Act, Not Excludable For Computation Of Limitation For Counter Claim: Delhi High Court
2 years ago

Time Spent On Application Under Section 8 Of A&C Act, Not Excludable For Computation Of Limitation For Counter Claim: Delhi High Court

Live Law  

The Delhi High Court has ruled that in a suit filed by a party, the time spent by the opposite party in pursuing its application under Section 8 of the Arbitration and Conciliation Act, 1996, cannot be excluded for the purpose of computation of the limitation period for filing the counter-claims by the opposite party before the Arbitral Tribunal. Section …

Court Delhi High Court Application Limitation Tribunal High Respondent
Arbitrators Entitled To Charge Separate Fee For Claim & Counter Claim In Arbitration Proceedings : Supreme Court
2 years, 3 months ago

Arbitrators Entitled To Charge Separate Fee For Claim & Counter Claim In Arbitration Proceedings : Supreme Court

Live Law  

The Supreme Court held that the term 'sum in dispute' in the Fourth Schedule of the Arbitration Act refers to the sum in dispute in a claim and counter-claim separately, and not cumulatively. "Arbitrators shall be entitled to charge a separate fee for the claim and the counter-claim in an ad hoc arbitration proceeding, and the fee ceiling contained in …

Arbitration Dispute Court Charge Schedule Proceedings Fee
Gujarat High Court Quarterly Digest: January To March 2022 [Citations 1-101]
2 years, 6 months ago

Gujarat High Court Quarterly Digest: January To March 2022 [Citations 1-101]

Live Law  

CITATIONS- 2022 LiveLaw 1 To 2022 LiveLaw 101 Monthly Digests Gujarat High Court Monthly Digest: January & February 2022 Gujarat High Court Monthly Digest: March 2022 NOMINAL INDEX M/S. Versus Commercial Tax Officer 2022 LiveLaw 101 JUDGMENTS/ORDER OF THE QUARTER Goods In Transit Can't Be Confiscated Under CSGT Act On Grounds Of Under-Valuation Or Wrong Route: Gujarat High Court Case …

India Society Justice Supreme Court High Court Public Order Trial
Arbitrators Raising Fees In The Middle Of Arbitration May Amount To Misconduct, Supreme Court Says During Hearing
2 years, 8 months ago

Arbitrators Raising Fees In The Middle Of Arbitration May Amount To Misconduct, Supreme Court Says During Hearing

Live Law  

The Supreme Court on Thursday continued hearing on the issue of fixation of standards for fees for arbitrators. For Determination Of Arbitrator's Fees Claim & Counterclaim Should Be Charged Separately; Legislature Has Been Very Conscious Since Its Mindfulness To Situation That Counterclaim Puts Separate Cause Of Action; There Has To Be Overarching Dignity Which Must Encompass Arbitration Proceeding & While …

Supreme Court Arbitration English Fees Schedule Bench Chandrachud
Gujarat High Court Monthly Digest: March 2022 [Citations 60 To 101]
2 years, 8 months ago

Gujarat High Court Monthly Digest: March 2022 [Citations 60 To 101]

Live Law  

CITATIONS 2022 LiveLaw 60 To 2022 LiveLaw 101 Nominal Index Ayeshaben wd/o. SC/ST Act- Anticipatory Bail Can Be Granted If No Prima Facie Offence Is Made Out: Gujarat High Court Case Title: CHAUDHARY PRAVINBHAI REVABHAI Versus STATE OF GUJARAT Citation: 2022 LiveLaw 69 The Gujarat High Court has admitted the criminal appeal challenging the quashment of the bail application for …

Society Justice High Court Public Order Trial Court Title
Gujarat High Court Weekly Roundup: March 21 To March 27, 2022
2 years, 8 months ago

Gujarat High Court Weekly Roundup: March 21 To March 27, 2022

Live Law  

CITATIONS 2022 LiveLaw 82 TO 2022 LiveLaw 93 NOMINAL INDEX Janakbhai @ Alpeshbhai Mafatbhai Rabari & 1 Other Versus State Of Gujarat 2022 LiveLaw 82 Mansukhbhai Valjibhai Kumarkhaniya & 3 Other Versus State Of Gujarat & 5 Other 2022 LiveLaw 83 Bharatbhai Jayantilal Patel v. State Of Gujarat 2022 LiveLaw 84 Dilip Bhavanishankar Yadav v. State Of Gujarat 2022 LiveLaw …

Society Public Order Court Gujarat Title Order State
Arbitral Fee Under Fourth Schedule Based On Aggregate Value Of Claim & Counter-Claim : Delhi High Court
2 years, 9 months ago

Arbitral Fee Under Fourth Schedule Based On Aggregate Value Of Claim & Counter-Claim : Delhi High Court

Live Law  

The Delhi High Court has observed that the term "sum in dispute" provided in the 4th Schedule to the Arbitration and Conciliation Act, 1996 has to be interpreted so as to include the aggregate value of the claims as well as counter claims.The High Court disagreed with the Arbitrator's view that the claims and counter-claims have to be assessed separately …

Court Delhi High Court Fees Claims Schedule Tribunal High
Commercial Suits - Time Limit Of 120 Days For Filing Written Statements Not Mandatory For Written Statements To Counter Claims: Madras High Court
2 years, 10 months ago

Commercial Suits - Time Limit Of 120 Days For Filing Written Statements Not Mandatory For Written Statements To Counter Claims: Madras High Court

Live Law  

this Court holds that the Proviso to Order VIII Rule 1 of Code of Civil Procedure, which fixes the maximum period for filing the written statement as 120 days and which was held. In a significant decision, the Madras High Court recently held that the mandatory time limit of 120 days to file a written statement in a commercial suit …

High Court Court Civil Procedure Order Statement High Suit
Limitation Act Provisions Will Apply To Arbitration Proceedings Initiated Under Section 18(3) MSMED Act: Supreme Court
3 years, 5 months ago

Limitation Act Provisions Will Apply To Arbitration Proceedings Initiated Under Section 18(3) MSMED Act: Supreme Court

Live Law  

The Supreme Court held that the provisions of Limitation Act will apply to to arbitration proceedings initiated under Section 18 of Micro, Small and Medium Enterprises Development Act, 2006.The bench comprising Justices Ashok Bhushan and R. Subhash Reddy observed that counter-claim is maintainable before the statutory authorities under MSMED Act.The bench held thus while dismissing an. The Supreme Court held …

Supreme Court Arbitration Court Limitation Act Limitation Council Held