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Articles for Res, search results for tribunal

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
DRT | Rejection Of Application Under Order 7 Rule 11 Will Not Operate As Res Judicata On Deciding Issue Of Limitation: Allahabad High Court
10 months, 1 week ago

DRT | Rejection Of Application Under Order 7 Rule 11 Will Not Operate As Res Judicata On Deciding Issue Of Limitation: Allahabad High Court

Live Law  

The Allahabad High Court has held that rejection of application under Order VII Rule 11 of the Civil Procedure Code will not operate as res judicata on deciding issue of limitation raised at the time of final hearing. will not operate as res judicata.” The Court reiterated that for deciding an application under Order VII Rule 11 of CPC, the …

Law Supreme Court Court Application Res Judicata Order Limitation
No Party Should Be Vexed Twice In A Litigation For One And The Same Cause: Supreme Court On 'Constructive Res Judicata'
1 year, 3 months ago

No Party Should Be Vexed Twice In A Litigation For One And The Same Cause: Supreme Court On 'Constructive Res Judicata'

Live Law  

Recently, a Division Bench of the Supreme Court, reiterated the established law on the doctrine of res judicata that has been recognized by this Court in several judgments. Viswanathan, made these observations while hearing a claim of one Samir Kumar Majumder, who was denied absorption as an Assistant Teacher in the Higher Secondary Section by the Calcutta High Court. Court’s …

Supreme Court Court Res Judicata Tribunal Higher Teacher This Court
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
Reagitating The Issue Attained Finality, By NCLT And Supreme Court, Is Abuse of process : NCLAT, Principal Bench
2 years, 4 months ago

Reagitating The Issue Attained Finality, By NCLT And Supreme Court, Is Abuse of process : NCLAT, Principal Bench

Live Law  

The Principal Bench of the NCLAT consisting of Justice Ashok Bhushan, Justice M. Satyanarayana Murthy and Barun Mitra in the case of Vikas Dahiya Vs. Arrow Engineering Ltd. held that the doctrine of Res Judicata applies to proceedings under the IBC and challenge to the findings in incidental or collateral proceedings amounts to an abuse of process of the Court. …

Supreme Court Judgment Corporate Court Res Judicata Order Tribunal
Weekly Digest Of Arbitration Cases: April 17 - April 23, 2022
2 years, 7 months ago

Weekly Digest Of Arbitration Cases: April 17 - April 23, 2022

Live Law  

Arbitrators Must Say Upfront Their Fees For The Number Of Sittings, Opines Supreme Court During Hearing Case Title: Oil and Natural Gas Corporation Ltd. versus Afcons Gunanusa The Supreme Court, while hearing on the issue of fixation of standards for fees for arbitrators, has emphasized on "upfront" fixation of arbitrator's fee. Right Of A Party To File Counter Claims Exists …

Justice Supreme Court Arbitration Court Specific Performance Bombay High Court Title
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 Weekly Round Up, October 11 To October 17, 2021
3 years, 2 months ago

Supreme Court Weekly Round Up, October 11 To October 17, 2021

Live Law  

Income Tax Act - Date Of Receipt Of Order Irrelevant For Computing Limitation Under Section 263 : Supreme CourtCase Title : Commissioner of Income Tax, Chennai vs Mohammed Meeran Shahul HameedCitation : LL 2021 SC 572The Supreme Court has held that the date of the receipt of the assessment order has no relevance in computing the limitation period for the …

Supreme Court Court Income Tax Res Judicata Order Period Nclt
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