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Articles for Counterclaim

Imran Khan's party claims victory in Pak elections; Sharif's PML-N makes counterclaim
10 months, 2 weeks ago

Imran Khan's party claims victory in Pak elections; Sharif's PML-N makes counterclaim

New Indian Express  

ISLAMABAD: Jailed former Pakistan prime minister Imran Khan's party on Friday claimed victory in the general elections while alleging that results were being delayed to rig the outcome. In a statement, the Pakistan Tehreek-e-Insaf party also asked PML-N's supreme leader Nawaz Sharif, who was the favourite to win as he was backed by the powerful Army, to concede defeat. There …

Pakistan Party Pak Pti Khan Form Sharif
Judge rules Fox News can go ahead with counterclaim against Smartmatic
11 months ago

Judge rules Fox News can go ahead with counterclaim against Smartmatic

LA Times  

A headline about President Donald Trump is displayed outside Fox News studios in New York on Nov. 28, 2018. Fox News — which admitted it aired false statements in its coverage when it settled a similar suit from Dominion Voting Systems — has said the damages being sought by London-based Smartmatic are not reflective of the company’s value and aimed …

Election False False Statements Fox News Fox Cohen Court Judge
Darius Jackson fires back at Keke Palmer in counterclaim accusing her of ‘abusive conduct’
1 year ago

Darius Jackson fires back at Keke Palmer in counterclaim accusing her of ‘abusive conduct’

LA Times  

Darius Jackson, right, is alleging that actor Keke Palmer was the primary aggressor in their relationship Darius Jackson has flipped the script on ex-girlfriend Keke Palmer, accusing the “Nope” star of abuse in response to her domestic violence allegations from November. In a counterclaim filed Friday morning in Los Angeles County Superior Court, the former football player responded to Palmer’s …

Son Jackson Alleged Nov Palmer Request Keke Palmer
The Question Of ‘Completion Of Pleadings’ Under Section 29A Of The Indian Arbitration And Conciliation Act,1996.
1 year, 3 months ago

The Question Of ‘Completion Of Pleadings’ Under Section 29A Of The Indian Arbitration And Conciliation Act,1996.

Live Law  

The Arbitration and Conciliation Act, 1996 amended in 2015 first introduced section 29A which prescribed the time limit of 12 months for an Arbitral Tribunal to conclude the proceedings and pass an award from the date it enters reference. In the year 2019 another amendment was made to Section 29A after which the time limit of 12 months for passing …

Defense Arbitration Court Statement Date Filing Months
Counterclaims Have Independent Status, Can Continue Despite Dismissal Of Primary Suit: Jammu & Kashmir High Court
1 year, 4 months ago

Counterclaims Have Independent Status, Can Continue Despite Dismissal Of Primary Suit: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently observed that a counterclaim, once raised by a defendant, possesses an independent status and that even in cases where the primary suit is stayed, discontinued, or dismissed, the counterclaim can continue unabated. Justice Sindhu Sharma thus dismissed a revision petition challenging an order passed by the trial court which had allowed …

High Court Legal Representatives Order Suit Respondents Dismissed Counterclaim
Ex-US president Trump sues columnist Carroll for defamation over post-trial rape claim
1 year, 5 months ago

Ex-US president Trump sues columnist Carroll for defamation over post-trial rape claim

Hindustan Times  

Donald Trump is doubling down on his legal brawl with E. Jean Carroll, suing the New York author for defamation weeks after a jury held him liable for sexually abusing her. Trump’s court filing Tuesday is a counterclaim in a separate 2019 defamation lawsuit Carroll filed against him that is set to go to trial in January. ‘Effort to Delay’ …

Trial Defamation Rape Trump Donald Trump Cnn Claim
"Truly, epically stupid": Legal experts say Trump's defamation suit against Carroll could backfire
1 year, 5 months ago

"Truly, epically stupid": Legal experts say Trump's defamation suit against Carroll could backfire

Salon  

Former President Donald Trump on Tuesday filed a counterclaim against writer E. Jean Carroll, alleging she defamed him after a jury found him liable of sexual abusing and defaming her last month. Carroll was awarded $5 million in damages last month, with $3 million of that sum being allocated to damages incurred by Trump calling Carroll's allegations a "con job" …

Trump Statement Carroll E Jean Carroll Counterclaim Epically Stupid
OceanGate ex-director had in 2018 warned of ’extreme danger’ of submersible
1 year, 6 months ago

OceanGate ex-director had in 2018 warned of ’extreme danger’ of submersible

Live Mint  

The company who manufactured the missing submersible, had been warned repeatedly earlier in 2018 warning of catastrophic consequences when the vessel reached “extreme depths,”. Meanwhile, reports have surfaced stating that the vessel maker OceanGate Expeditions had sued their director of marine operations, who had warned of ‘extreme danger’ for passengers. OceanGate's choices would “subject passengers to potential extreme danger in …

Passengers Oceangate Titan Submersible Lochridge 2018 Warned Extreme Danger
Section 16 Carriage By Road Act Applicable To Suit/ Legal proceedings In Connection With Loss/Damage To Consignment Alone : Supreme Court
1 year, 7 months ago

Section 16 Carriage By Road Act Applicable To Suit/ Legal proceedings In Connection With Loss/Damage To Consignment Alone : Supreme Court

Live Law  

The Supreme Court observed that Section 16 of Carriage by Road Act, 2007, is applicable only where the claim is for any loss of, or damage to, the consignment and not in respect of any other claim of loss or damage.The provision of Section 16 of the new Act does not come into play vis-à-vis the condition of giving a …

Supreme Court Legal Loss Court Legal Proceedings Respect Connection
Order VIII Rule 6A CPC - No Bar In Taking On Record A Counter Claim Filed Long After Filing Of Written Statement But Before Framing Of Issues: Supreme Court
2 years, 2 months ago

Order VIII Rule 6A CPC - No Bar In Taking On Record A Counter Claim Filed Long After Filing Of Written Statement But Before Framing Of Issues: Supreme Court

Live Law  

The Supreme Court observed that there is no bar in taking on record a counter claim filed long after filing of written statement but before framing of issues.In this case, the counter-claim in question was filed nearly 13 years after filing of the written statement. The Supreme Court observed that there is no bar in taking on record a counter …

Record Supreme Court Court Order Statement Cpc Filed
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
Counter-Claim Cannot Be Rejected Merely Because The Claims Thereunder Were Not Notified At The Pre-Arbitral Stage: Supreme Court
2 years, 5 months ago

Counter-Claim Cannot Be Rejected Merely Because The Claims Thereunder Were Not Notified At The Pre-Arbitral Stage: Supreme Court

Live Law  

The Supreme Court has held that the counter-claim of a party cannot be dismissed merely because the claims were not notified before invoking the arbitration. The Contention of the Parties The appellant challenged the order of the High Court on the following grounds: The cause of action for both the claim and counter-claim arose out of the same facts i.e., …

Supreme Court Arbitration Dispute Parties Claims Agreement Respondent
Supreme Court To Fix Standards For Arbitrators' Fees; Reserves Judgment
2 years, 7 months ago

Supreme Court To Fix Standards For Arbitrators' Fees; Reserves Judgment

Live Law  

The Supreme Court on Wednesday reserved judgment on the issue of fixation of standards for fees for arbitrators. Submissions Of Counsels Parties Had Agreed That They Would Appoint Arbitrator Who Accepted Conditions Of Arbitration Clause; Arbitrator Fixing Fees Unilaterally Is Inappropriate; What Was In Mind Of Legislature Was Rs 30 Lakhs; Sum In Dispute Will Include Claim & Counter Claim …

India Supreme Court Arbitration Court Parties Fees Nhai
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
Arbitrator's Fee : Claim & Counter-Claim Have To Be Bundled Up Together, With Rs.30 lakhs Ceiling, Says Supreme Court During Hearing
2 years, 8 months ago

Arbitrator's Fee : Claim & Counter-Claim Have To Be Bundled Up Together, With Rs.30 lakhs Ceiling, Says Supreme Court During Hearing

Live Law  

The Supreme Court on Wednesday resumed the hearing on the issue of fixation of standards for fees for arbitrators. Further, the SG made submissions on whether the model fee corresponding to the various slabs of the 'sum in dispute', as stipulated in Schedule IV of the 1996 Arbitration Act, would be for the whole arbitral tribunal or for each arbitrator. …

India Supreme Court Arbitration Dispute Tribunal Hearing Crores
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