Sentences with phrase «petition under»

You might be able to prevent your spouse from withdrawing or dismissing her divorce petition under some circumstances.

The claimant can not be estopped from objection to the jurisdiction of this Court to entertain the petition under Section 34 irrespective of what the claimant might have contended in 2009 as to the legal position.

This was not the position when petition under Section 9 was filed and heard in 2009.

This Court has thus no jurisdiction to entertain the petition under Section 34.

Mr Pratap learned senior counsel submits that in the::: Downloaded on - 13/05/2014 23:52:27::: Kvm 24/107 ARBP259.13 Special Leave Petition filed by the petitioner herein impugning the order passed by the Division Bench on 19/07/2010, one of the ground of challenge was that petition under section 9 was not maintainable.

Relying upon these judgments, it is urged that this Court has no jurisdiction to entertain the petition under Sec. 34 challenging the validity of foreign arbitral award.

It is submitted that the claimant therefore can not be allowed to raise issue of jurisdiction of this::: Downloaded on - 13/05/2014 23:52:27::: Kvm 21/107 ARBP259.13 Court in entertaining petition under section 34 of the Arbitration Act filed by the petitioner in this case in this Court and are estopped from raising such issue.

It is submitted that the undisputed fact that the claimant had filed a petition under Section 9 which is under Part I in this Court by relying upon the judgment of Supreme Court in case of Bhatia International and Venture Global (supra), which clearly indicates of the intention of the claimant that Part I of the Act was not excluded from being applicable to the Parties.

In my view this court has to apply the law applicable to the parties at the time of filing petition under section 34 as interpreted by the Supreme Court and this court as to whether in the fact of this case Part I of the Act would be attracted or Part II.

It is submitted that since the cause of action or plea in the petition for enforcement of the arbitral awards is different from what was pleaded or was subject matter of the petition under Section 9, claimant can not be held to be estopped from raising the plea.

In this view of the matter and for the reasons that we have indicated, we have come to the conclusion that this Court has no jurisdiction to entertain the petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an international commercial award of an arbitral tribunal constituted by the Refined Sugar Association, London.

In so far as reliance placed by the learned senior counsel for the respondent in case of Kanoria and others vs. Guinness reported in (2006) 1 Llyod's Law Reports 701 in support of the submission that though petition under section 34 challenging a foreign award in India had failed, English Court of Appeal had refused to enforce foreign award on the ground that aggrieved party who was not given due notice of plea of fraud and was unable to represent its case is concerned, a perusal of the judgment indicates that the Court of Appeal had rendered a finding that the aggrieved party who was unable to represent its case and had refused to enforce the foreign award.

Division Bench of this court in the appeal arising out of the said order and judgment dated 9 th September, 2009::: Downloaded on - 13/05/2014 23:52:29::: Kvm 84/107 ARBP259.13 has held that the respondent has not raised an objection to the jurisdiction of the court to entertain the petition under section 9.

Petition under section 9 is for interim measures which was filed before commencement of arbitration proceedings and or during the ongoing arbitration proceedings whereas petition under section 34 is filed for impugning the arbitral award.

If petition under section 34 is maintainable all the provisions of part I would be attracted.

Shri Nariman further submitted that if respondent No. 1 felt aggrieved against partial award it could have filed petition under Sections 67 and 68 of the English Arbitration Act, 1996.

It is submitted that since the petition under Part II is filed prior in point of time, this Court shall proceed to decide the petition for enforcement before considering a later petition under section 34.

Learned senior counsel placed reliance on paragraph 26 - 011 of Chitty on Contracts 28th Edition and would submit that the order passed by learned single Judge on 9/9/09 in petition under Section 9 can estop the claimant only if there was a final and conclusive judgment on merits by a Court of competent jurisdiction, there was identity of the parties and subject matter in the two sets of proceedings.

The Respondent then filed a petition under the Business Corporations Act, alleging that the transaction sought to benefit the Appellant's existing officers and directors to the Respondent's detriment.

A claim for solicitors» fees not yet judicially assessed or determined is not a claim for a liquidated sum which can be the subject of a bankruptcy petition under s 267 of the Insolvency Act 1986.

Any such notice served on the Comptroller must be accompanied by a copy of the petition under section 32 of the 1949 Act or of the statements of case in the claim and the affidavits filed therein.

[2006] EWHC Civ 181 Preliminary issue on the question of standing to present a petition under s459 of the Companies Act 1985.

Re McCarthy Surfacing Ltd [2008] EWHC 2279 (Ch) Trial of an unfair prejudice petition brought on grounds of failure to give proper consideration to the payment of dividends and self dealing by directors [2006] EWHC Civ 181 Preliminary issue on the question of standing to present a petition under s459 of the Companies Act 1985

Guinness Peat Group plc v. British Land Company plc [1999] 2 BCLC 243 (CA) Unfair prejudice petition under s. 459 CA 1985.

The federal court then granted the mother's motion to dismiss, concluding that Younger abstention was appropriate since the father had failed to show that the state courts will not afford him an adequate opportunity to litigate his Petition under the Hague Convention.

When you file a bankruptcy petition under Chapter 7, the court will appoint a bankruptcy trustee to liquidate your assets and pay off your creditors.

Flanagan v Liontrust Claims for breaches of an LLP agreement via a petition under s994 Companies Act 2006, following expulsion from a fund management business, raising the novel and important issue of whether such agreements can be terminated for repudiatory breach.

The USPTO advises patentees who need to file a petition to accept a delayed maintenance fee payment due to the effects of Hurricane Katrina to promptly file a petition under 37 CFR 1.378 (c)(using USPTO form PTO / SB / 66 — Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378 (c)-RRB- accompanied by the applicable maintenance fee payment (but not the surcharge under 37 CFR 1.20 (i)-RRB- and a copy of this notice.

An expungement is a the dismissal of your case as a result of a successful petition under California Penal Code, § 1203.4.

An agency's final action on an administrative petition under the FDQA would be final agency action subject to judicial review under the Administrative Procedure Act, unless Congress precluded judicial review under the Act.

Filing a petition under the bankruptcy code can reduce or even remove your tax debts.

Under new bankruptcy legislation enacted in October, 2005, before you can file a petition under the bankruptcy code under either Chapter 7 or Chapter 13, you must seek Credit Counseling first.

-- Not later than 1 year after the receipt of a petition under paragraph (2), the Secretary shall make a decision to either grant or deny the petition and publish a written explanation of the reasons for the Secretary's decision.

The Secretary may not deny a petition under this subsection on the basis of inadequate Department of Agriculture resources at the time of the review.

It filed a petition under the Data Quality Act — a law ironically intended to ensure that regulations are based on solid science — arguing that the findings did not meet the act's standards and that the heart institute had therefore broken the law by posting them.

Hunger Action filed a petition under Sec. 653 of the Labor Law to begin the process of convening the minimum wage board but so far the Labor Department has failed to rule on whether or not the minimum wage is adequate.

An election petition under section 258 shall be presented within 28 days of the date of the declaration made under section 193 (5) by the Electoral Commission.

The court shall not receive any petition under article5 (3) involving a state which has not made such declaration.»

Suniva, Inc., a bankrupt solar module company based in Georgia and owned by a Chinese conglomerate, has filed a rare petition under the 1974 Trade Act that could cost nearly 90,000 American jobs across the U.S. solar industry.

Other potential candidates for state office indicated interest, and several state legislature candidates filed petitions under the «Taxpayers» banner to be on their ballot.

That Mr. Brega, his family, and his associates appear to have played a significant role in the petitions under question has now been raised.

Charter schools are required to address Health and Safety requirements in their petitions under Education Code Section 47605 (b)(5)(F).

Instead of examining the right to petition within the Treaties and drawing an analogy to similar rights and procedures under EU law, as the AG did in his opinion, the Court starts with describing the procedure of handling petitions under Parliament's Rules of Procedure and suddenly jumps to the conclusion that such a negative decision of the Parliament declaring the petition inadmissible or failing to deal with it at all must be reviewable by EU courts.

Having explained the basis for petitions under the Convention, Morley next turns to common shields to defend against petitions.

To facilitate the sale process and provide for orderly distributions to creditors, Fisker Automotive has voluntarily filed petitions under Chapter 11 of the U.S. Bankruptcy Code.

Not exact matches

The balance sheet restructuring will be effectuated through a pre-packaged joint plan of reorganization to be filed in the United States Bankruptcy Court for the District of Delaware in connection with the Company's filing of voluntary petitions for reorganization under Chapter 11 of the United States Bankruptcy Code.

Later Tuesday, the Broward Sheriff's Office filed a petition for a «temporary risk protection order» under the state's new gun law, identifying Zachary Cruz as someone who «poses a significant danger of causing personal injury to himself or others by having a firearm.»

As of May 1, 36 Broward residents have been cited under the law; the next most active judicial circuit, covering Pinellas and Pasco counties, had 10 petitions filed as of April 30; the circuit for Orange and Osceola counties had six.

Gun owners whose firearms are taken away under the order can petition to get them back after 30 days.

The debt - restructuring petition was filed by Puerto Rico's financial oversight board in the U.S. District Court in Puerto Rico under Title III of last year's U.S. congressional rescue law known as PROMESA.