Dismissal of Transfer Petition May Not Operate as Res Judicata if Fresh Petition is filed on Change of Circumstances The Supreme Court held that a dismissal of a petition for transfer, may not operate as res judicata, when a fresh petition is filed on change of circumstances. – The court took note of the stage of the proceedings before the […]

Dismissal of Miscellaneous Applications Seeking Recall / Modification of Judgment Does Not Extinguish Right to File Review Petition : Supreme Court The Division bench comprising of Justices Ashok Bhushan and Indu Malhotra at the Supreme Court, in the matter of RajendraKhare v. SwaatiNirkhi held that Dismissal of an application for recall of a judgment does not take away the right […]

In Case of Doubt Over Existence of Valid Arbitration Agreement, Dispute Must be Sent to Arbitration Agreement, Dispute Must be Sent to Arbitration : Delhi of High Court The Delhi High Court in the matter of Knowledge Podium Systems v. SM Professional Services, held that in case there is a doubt over the existence of a valid arbitration agreement, the […]

Whether The Non-Payment of Rent Would Qualify as an Operational Debt Within The Meaning of Section 5(21) Under Insolvency and Bankruptcy Code 2016 In this case, M.Ravindranath Reddy v. G.Kishan&Ors ., the landlord filed the Application under Section 9 of Insolvency and Bankruptcy Code, 2016, which was dismissed by the Adjudicating Authority on ground that dues in the nature of […]