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Family Courts Have Power To Modify Child Custody Orders If Situation Changes, Doctrine Of Res Judicata Not Applicable: Kerala High Court
8 months ago

Family Courts Have Power To Modify Child Custody Orders If Situation Changes, Doctrine Of Res Judicata Not Applicable: Kerala High Court

Live Law  

The Kerala High Court has upheld an order of the Family Court which stated that in child custody matters, it is open to the parties to approach the court and seek modification of the order if there is any change of circumstances. The Family Court added that the order passed initially cannot be said to be final, stating that the …

Family Court Kerala High Court Custody Application Res Judicata Child
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
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
Application Intentionally Withdrawn By Applicant And Subsequently Filed On The Same Transaction Will Be Barred By Res Judicata. NCLT Kochi
2 years, 11 months ago

Application Intentionally Withdrawn By Applicant And Subsequently Filed On The Same Transaction Will Be Barred By Res Judicata. NCLT Kochi

Live Law  

The Kochi Bench of NCLT in a Bench comprising of Justice Ashok Kumar Borah and Mr. Shyam Baby Gautam in Jose Samuel v. M/s Royal International Trade and Allied Products Pvt. Ltd. has dismissed the application seeking initiation of Corporate Insolvency Resolution Process against the Respondent/ Corporate Debtor, i.e. Facts Of The Case Jose Samuel, proprietor of M/s Thankam Cashew …

Corporate Operational Creditor Application Res Judicata Applicant Tribunal Respondent
Supreme Court Monthly Digest: November 2021 [Citation: LL 2021 SC 617 To LL 2021 SC 695]
3 years ago

Supreme Court Monthly Digest: November 2021 [Citation: LL 2021 SC 617 To LL 2021 SC 695]

Live Law  

Insurance Claim Liable To Be Rejected If Premium Was Not Paid On Due DateThe Supreme Court observed that it is not permissible to rewrite the contract while interpreting the terms of the Insurance Policy. A Bench comprising CJI NV Ramana, Justices Surya Kant and Hima Kohli observed, "We are afraid, the plea of waiver taken against the appellant-State on the …

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