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Articles for Res, search results for petitioner

Whether Claim Is Barred By Res Judicata Cannot Be Decided By Court At S.11 Stage Of Arbitration Act: P&H High Court
1 month ago

Whether Claim Is Barred By Res Judicata Cannot Be Decided By Court At S.11 Stage Of Arbitration Act: P&H High Court

Live Law  

The Punjab and Haryana High Court bench of Justice Survir Sehgal affirmed that the question whether a claim is barred by res judicata, does not arise for consideration in a proceedings under Section 11 of the Arbitration Act. That the petitioner had two remedies and having chosen to avail the remedy under Real Estate Act, 1996, he was debarred from …

High Court Arbitration Court Res Judicata Respondent Act Rera
O6 R7 CPC | Consideration For Amendment Of Plaint And Written Statement Stands On Different Footing: J&K High Court Explains
4 months ago

O6 R7 CPC | Consideration For Amendment Of Plaint And Written Statement Stands On Different Footing: J&K High Court Explains

Live Law  

Highlighting a crucial distinction in the legal process regarding amendments to pleadings the Jammu and Kashmir and Ladakh High Court has clarified that the consideration for the amendment of a Plaint and a Written Statement stands on different footings. Assailing the dismissal of his amendment application the petitioner argued that the trial court failed to appreciate the distinction between amendments …

Court Statement Amendment Cpc Written Petitioner Written Statement
Arbitration Monthly Round-Up -March 2024
8 months, 3 weeks ago

Arbitration Monthly Round-Up -March 2024

Live Law  

Supreme Court Court May Refuse To Appoint Arbitral Tribunal If S.11 Petition Is Barred By Limitation Or Claim Is Ex-Facie Time Barred : Supreme Court Case Title: M/s Arif Azim Co. Ltd. Without Copy of Challenged Arbitral Award, Impossible To Consider Grounds To Set Aside Award: Delhi High Court Dismisses Section 34 Petition Case Title: Spml Infra Limited vs Ntpc …

India Delhi High Court Arbitration Railways Court International Standards
Res Judicata | Section 10 CPC Applies Only In Cases Where Whole Subject Matter In Both Suits Is Identical: Himachal Pradesh High Court
1 year, 5 months ago

Res Judicata | Section 10 CPC Applies Only In Cases Where Whole Subject Matter In Both Suits Is Identical: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court while highlighting the requirement of an identical subject matter for the application of Section 10 of the Code of Civil Procedure on Tuesday emphasized that the words "directly and substantially in issue" should be interpreted in contrast to matters that are merely "incidental or collateral". The case before the court involved a civil suit filed …

Delhi Court Civil High Issue Suit Cpc
Second Plea U/S 125 CrPC For Maintenance Is Maintainable After Rejection Of First In Changed Circumstances; 'Res Judicata' Principle Not Applicable: Allahabad HC
1 year, 6 months ago

Second Plea U/S 125 CrPC For Maintenance Is Maintainable After Rejection Of First In Changed Circumstances; 'Res Judicata' Principle Not Applicable: Allahabad HC

Live Law  

The Allahabad High Court has observed that a second application seeking maintenance under Section 125 of CrPC can sustain, after the rejection of the first application, if there are changes in the circumstances, entitling a person to be a claimant under the said provision. The Court observed thus while upholding the January 2004 order of the court allowing the second …

Court Maintenance Application Res Judicata Order Second Her Husband
Death Of One Of The Arbitrators - But Decided To Pass Award Prior To Death - Not Contrary To Section 10 Of A&C Act: Rajasthan High Court
2 years, 1 month ago

Death Of One Of The Arbitrators - But Decided To Pass Award Prior To Death - Not Contrary To Section 10 Of A&C Act: Rajasthan High Court

Live Law  

The Rajasthan High Court has ruled that if an Arbitral Tribunal had principally decided to pass the award on a day when all the members of the Arbitral Tribunal were present, merely because the detailed award was passed on the day when one of the members of the Arbitral Tribunal was not alive, and was thus signed by only two …

High Court Res Judicata Tribunal Three Months Pass Ors Members
Order Passed By High Court, Recording Consent Of Parties To Appoint A Specified Arbitrator, Is Not An Order 'Appointing An Arbitrator': Patna High Court
2 years, 3 months ago

Order Passed By High Court, Recording Consent Of Parties To Appoint A Specified Arbitrator, Is Not An Order 'Appointing An Arbitrator': Patna High Court

Live Law  

The Patna High Court has ruled that the order passed by the High Court in a writ petition, recording the consent of the parties to appoint a specified Arbitrator while referring them to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, cannot be said to be an order appointing an Arbitrator. Subsequently, the petitioner filed a petition …

Consent High Court Court Parties Res Judicata Order High
Res Judicata: Son Bound By Judicial Proceedings Initiated By Father With Respect To Immovable Property, Rules Karnataka High Court
2 years, 6 months ago

Res Judicata: Son Bound By Judicial Proceedings Initiated By Father With Respect To Immovable Property, Rules Karnataka High Court

Live Law  

The Karnataka High Court has said that proceedings initiated by a father in respect of a claim of title over a property which is decided by the court will bind the son also. The authority had challenged the order passed by the single judge bench dated 25.02.2016, by which writ petition preferred by respondent Nos.1 to 1 was allowed and …

Land Res Judicata Writ Filed Kar Father Single
Court Can Appoint An Arbitrator During The Pendency Of An Appeal Against An Award, Set Aside On Reasons Other Than Merit : Bombay High Court
2 years, 8 months ago

Court Can Appoint An Arbitrator During The Pendency Of An Appeal Against An Award, Set Aside On Reasons Other Than Merit : Bombay High Court

Live Law  

The High Court of Bombay has held that when an award is set aside for other reasons and not on merit, the parties are well within their rights to initiate fresh arbitration in respect of the same claims and pendency of an appeal against such an order is not a ground to refuse the appointment. Menon has further held that …

Arbitration Appeal Court Res Judicata Claims Set Award
Will Arbitral Award-Holder's Claim Be Extinguished On Approval Of Award-Debtor's Resolution Plan Under IBC? Yes, Rules Calcutta High Court
3 years, 7 months ago

Will Arbitral Award-Holder's Claim Be Extinguished On Approval Of Award-Debtor's Resolution Plan Under IBC? Yes, Rules Calcutta High Court

Live Law  

On Friday, the Calcutta High Court settled an important question of arbitration law, viz., whether an arbitral award-holder's claim would stand extinguished upon the approval of a Resolution Plan for the award-debtor's revival, when it was not pressed during the Corporate Insolvency Resolution Process. Relying on Supreme Court rulings from 2020, Justice Moushumi Bhattacharya ruled that the claim would get …

Law High Court Court Resolution Application Res Judicata Resolution Plan
'Abuse Of Process' : Karnataka High Court Dismisses Petition Seeking Criminal Action Against Azim Premji Under RBI Act
3 years, 11 months ago

'Abuse Of Process' : Karnataka High Court Dismisses Petition Seeking Criminal Action Against Azim Premji Under RBI Act

Live Law  

The Karnataka High Court has dismissed a petition filed by a not for profit company named "India Awake for Transparency", challenging an order of the magistrate court dismissing its private complaint seeking directions to Reserve Bank of India to register a case against Wipro founder Azim Premji and others under the Reserve Bank of India Act. Further, it was said …

Delhi Court Res Judicata Order High Proceedings Pil