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Tapan, Author at Advocates and Legal Consultants - Page 2 of 2
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How Supreme Court Handle the Transfer Divorce Petition?

Divorce transfer petitions are becoming increasingly common in the Supreme Court. This is due to the fact that more and more couples are choosing to divorce outside of the traditional court system. This is a big change, and it’s causing some problems.

Divorce transfer petitions are a common occurrence. This is because divorce is a complicated and emotional process, and couples often want to make sure their divorce is as fair and equitable as possible.

One of the main problems is that the Supreme Court is not equipped to handle all the new cases. This means that there are often delays in the proceedings, and it can take a long time for a decision to be made. Additionally, the Supreme Court cannot always provide the same legal representation to divorced couples as it does to married couples. This can lead to unfairness and inequality.

If the petition is successful, it could change the way divorces are handled. Up until now, divorces have been handled through state courts. This means that the laws in each state vary, and it can be difficult for couples to get divorced if they live in a state where the law is unfavorable to them.

The transfer petition would allow divorces to be handled through the Supreme Court. This would make it easier for couples to get a divorce, and it would also reduce the amount of time and money they would have to spend on their split. If the Supreme Court approves the transfer petition, it could change the way divorces are handled in India.

Transfer petitions can be filed in either the family division or the Supreme Court, depending on the state in which the couple resides. The process of filing a Transfer petition in Supreme Court is fairly straightforward.

The couple will need to gather all the paperwork related to their divorce including copies of the marriage certificate, divorce decree, and any property or debt agreements that have been made. They will also need to provide copies of any children’s birth certificates or adoption papers.

Once all of the paperwork has been filed, the couple will need to meet with a lawyer to discuss their transfer petition. The lawyer will look at the documents and recommend whether or not the petition should be filed in the family division or the Supreme Court.

If the petition is filed in the Supreme Court, the couple will need to pay a fee and wait several months for a hearing to take place. If the petition is filed in the family division, there is no fee involved and the hearing can take place immediately.

Conclusion

The Supreme Court is seeing an increase in divorce transfer petitions. This is a result of the growing number of couples who decide to file for divorce outside of the conventional judicial system. It can take a while for the Supreme Court to rule because it is not equipped to handle all the new cases.

The manner divorces are processed may change if the petition is granted. The transfer petition’s approval by the Supreme Court could alter how divorces are conducted in India. A Transfer petition can be submitted to the Supreme Court in a pretty simple manner. Couples who file a petition in the family division must pay a fee and wait several months for a hearing to take place.

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Why a Lawyer Should Be Consulted Before a Contested Divorce?

When the husband and wife agree to submit the divorce petition together, it is referred to as a “mutual consent divorce.” This implies that they at the very least get along or have a friendly connection. 

The legal profession has long accepted that lawyers cannot operate in a way that is inconsistent with their client’s interests or disclose client information without the client’s consent following full disclosure.

Incompatible relationships and everyday disagreements between couples can lead to marital conflicts, which ultimately damage the marriage’s foundation. That, one couple might have encountered any kind of discord and difference in perspective. Numerous approaches can be used to help a couple settle their core disagreements and disputes.

Getting a Mutual consent divorce Lawyer is frequently regarded as a practical choice when resolving disagreements between parties. With the aid of judicial authorities who primarily focus on protecting their interests and rights, divorce laws have made it simpler for couples to get mutually separated in such situations. Marriage and divorce laws in India assist individuals in escaping unhappy unions, unsuitable partners, fundamental disagreements, and frequent arguments.

One strategy to reduce the stress of divorce is to hire a lawyer to complete the process. Despite the fact that the lawyer will need to interview you on the matter, he or she will also handle all the paperwork, giving you more time to look after yourself and your family.

An experienced divorce lawyer can provide you with expert guidance on how to approach your divorce. A divorce lawyer who is knowledgeable about the laws can help you avoid expensive mistakes that may require further legal action or financial harm.

Conditions That Must Be Accomplished for a Mutual Divorce

In India, both spouses must sign a written agreement authorizing the divorce before it may be started. If the couple has kids, they must also decide on custody rules. The couple must go through a legal process to complete the divorce after obtaining consent.

 Divorce is treated as a civil matter under the Hindu Marriage Act of 1955, which permits uncontested divorces. Contrarily, Islamic Personal Law views divorce as a private matter and calls for two witnesses to verify the couple’s decision to file for divorce. Both of these rules are disregarded by some religious sects in India, who demand that divorces be granted by a religious court.

Mutual divorce may not always result in an agreeable settlement. Going through the legal process and reaching a settlement can be time- and effort-consuming.

Throughout the process, communicate with one another honestly and openly. This will assist guarantee that each party is aware of their rights and obligations.

Conclusion

In India, the procedure of mutual divorce can be finished very swiftly and without a significant amount of stress. The divorcing spouses will need to agree on all of the divorce’s specifics.  A mutual consent divorce prevents pointless arguments and saves a lot of time and money.

Mutual consent divorce is one of the greatest solutions available given the rising number of divorce applications. It is the quickest method of divorce, which helps you save time, money, and even psychological trauma.

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The Dispute of Arbitration

Arbitration is often seen as a cheaper and faster way to resolve disputes, and it is frequently used in cases involving contracts. The Supreme Court has held that arbitration is a valid way to resolve disputes and that courts should give an Appointment of arbitrator agreements. However, the Court has also held that arbitration is not always binding and that parties can agree to arbitrate their disputes without waiving their right to go to court.

The Supreme Court has a long history of deciding cases that have had a significant impact on the practice of arbitration, each case has helped to shape the modern practice of arbitration and has had a lasting impact on the way that disputes are resolved. If you are involved in any type of dispute that may require arbitration, it is important to be familiar with these key cases and how they may affect your case.

In every case, the Supreme Court has ruled on the validity of arbitration as a means of dispute resolution. As more companies increasingly utilize arbitration clauses in their contracts, it is important to understand these rulings.

The Supreme Court has a long history of deciding cases on arbitration, and its decisions have had a major impact on the development of arbitration law in this country.

This is a process by which two parties can agree to have their dispute decided by an impartial third party, rather than going to trial. Supreme Court cases on arbitration date back to the early 20th century, and the Court has continued to hear cases on this issue in recent years.

The Supreme Court ruled in Favor of arbitration in a key case. This ruling has been upheld in a number of subsequent cases, most recently in 2012. The 2012 case involved a dispute between two businesses over a contract. The Supreme Court ruled that the arbitration clause in the contract was valid and that the case would proceed to arbitration.

These Supreme Court cases have established that arbitration is a valid and binding way to resolve disputes. This is important to businesses because it provides an efficient and cost-effective way to resolve disputes without going to court.

Every dispute that arises between the contractor and subcontractor about any topic is to be avoided, except when the contractor’s judgment is final and enforceable against the subcontractor. In the first instance.

As an indication of your approval, you are required to return one of the two originals of this letter of intent, which will serve as a binding contract for the work up until a formal contract is executed. 

Conclusion

The Supreme Court has declared that courts should issue Appointment of Arbitrator agreements and that arbitration is a valid method of resolving disputes. The Court has, however, also ruled that it is not always enforceable and that parties may choose to arbitrate their problems without renouncing their right to file a lawsuit. It is crucial to comprehend these decisions as more businesses include arbitration clauses in their contracts. Arbitration-related Supreme Court cases extend back to the early 20th century, and the Court has recently continued to hear cases on this topic. Businesses should take note of this since it offers a quick and affordable alternative to going to court for the resolution of disputes.

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What is the need for a caveat petition in the supreme court of India?

A caveat petition is a legal document filed in the supreme court of India in order to request that the court hear a case before issuing a judgment. The petition must be filed by an advocate on behalf of the party seeking to have the case heard.

A petition seeking judicial intervention File caveat petition in the supreme court of India may be filed by any person or institution who has a justifiable reason to believe that he or she/it may be adversely affected by an order. The petitioner has to show that there is a prima facie case in its favor that needs to be considered by the Supreme Court before adjudicating the matter.

The Supreme Court caveat petition is usually filed by an Advocate on behalf of the petitioner. The grounds on which the Caveat may be filed, the order or judgment of the Supreme Court is likely to adversely affect the rights of the petitioner.

Any person can file a caveat in the Supreme Court. The petitioner does not need to be a party to the case. However, the petitioner must have a “direct and present interest” in the case. This means that the petitioner must be able to show that he or she will be directly affected by the outcome of the case. This means that there is a good chance that the petitioner’s arguments will be successful.

A Caveat is a notice filed by an advocate on behalf of his client with the Supreme Court or any other court, high court, subordinate court, tribunal, or authority, as the case may be, praying that no order or decision be passed affecting the rights of his client in an adversarial proceeding pending or likely to be instituted in that court, high court, subordinate court, authority, as the case may be, during the pendency of the such proceeding.

The Caveat must be accompanied by an affidavit of the Caveator confirming the facts stated therein. The facts stated in the Caveat should be prima facie true and the Caveat should be accompanied by an Index giving the details of the adversarial proceedings in which the order or decision is made.

Conclusion

Petitioners must be able to show that they have a good basis to disagree with the contested order or decision. The Supreme Court won’t take fraudulent or pointless petitions under consideration. A formal plea to the Indian Supreme Court seeking that a certain judgment or decision be overturned is known as a caveat petition. An aggrieved party must file the petition, and it must specify the grounds for challenging the order or decision.

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CAVEAT PETITION

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What is the Urgent Essay?

An urgent essay is a brief essay that is written in a brief time frame. They’re meant to online sentence check be answered in the shortest period of time possible. An urgent article usually has to be submitted within 3 days of submission.

Urgent essays are amazing for first-time

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Use Social Gaming Websites to Play Free Slots in Free Casino Slot Games

You can offer no-cost casino slot games to entice prospective players to play more slot games. It’s also vk video downloader a great way to introduce new players to the slot machines. There is a jackpot waiting to be won. When the time comes to get your reward you will find an enormous amount of money waiting to be won.

Casinos that offer free slot games for fun should not be trusted. These games are simply an enticement to keep people coming back to play slots. The player may get carried away and play more than is necessary. There are a few tricks one can use to determine which games have bonus rounds. Players can take advantage of these bonus features to increase his money.

Multi-deck games and bonus rounds contain numerous cards that can be played. The majority of games have twenty-two to forty two cards in multi-deck games. These cards have scatter symbols. The scatter symbols signal that there are a lot of prizes to be won. The winner must accumulate a certain amount of cash prior to the next draw. This means that the odds of winning are slightly increased.

Mobile slots games also come with bonus rounds. This is also the case for the other types of slots games. The goal is to accumulate as much money as you can within a short amount of time. The player can play with coins, credits or even the scratch cards to play these games.

Progressive slots have the potential to win ten thousand dollars. This game requires you to add the combinations that produce the word “maximise”. The progressive slot machine displays symbols on the reels that indicate what’s happening on the monitor screen. The symbols flash on the screen when the jackpot prize is near to being won.

The reels are made up of vertical bars and horizontal bars. When they reach a particular number, the symbols flash onscreen. The symbols flash onscreen, and the jackpot is determined by the contents of each reel. In real money games, players have to add the payouts from every machine that pays to be able to hit the jackpot prize. In the casino games that are free for fun, the pay table displays the value of all the machines in the game.

Free online slot games for fun also have progressive jackpots that increase with each spin. If the player bets high, their chances of winning are increased. Progressive jackpots could have lower limits than real-money slot games. Bonus offers and related information is displayed on screen when the player wins. There are additional features available in some casino slot games, such as free coins when the jackpot prize is won. These bonuses are not available on all machines, and some are only available for certain machines.

In free slots games for fun, the bonuses and other promotions may only be offered for a certain time. Progressive jackpots can offer larger prizes over pasijans pauk a shorter time period. Some slot games offer cumulative jackpots, which can be won after a specific number of spins.

Some of these progressive slot games that are fun to play have special prizes. There are usually free spins after a certain number of spins. You may be able to redeem credits to win cash or prizes on other slots. There are also slots for free with bonuses that award players free spins after a specific number of spins. These can be credited to your virtual casino account. You can also earn points playing free slots. These points can be converted into credits that can be used to purchase or win in other slot machines.

When playing in free casino slot games to have fun, the player should be aware of the best way to play the machine in order to get the maximum enjoyment. Players should always bet according to the odds and not on the pay line. The pay line is the lowest of all bets. It determines the odds of a certain game. So, betting on the pay line is essentially betting that you’ll win a jackpot prize. Betting on odds is more beneficial as it allows you to have a better chance of winning.

Players should also know how to connect their Facebook accounts to their mobile devices. This lets them chat with friends and play free casino slots. Since many social gaming websites allow third-party apps to be used on mobile devices, players can also access games via mobile devices. These are just a few of the many things you can accomplish with Facebook connectivity to mobile devices.

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Arbitration

Arbitration Judgments

Important Judgments on Appointment of Arbitrator

The Delhi High Court recently in Oyo Hotels & Homes Pvt. Ltd. v. Rajan Tewari & Anrwhile deciding a petition under Section 11(6) of the Arbitration & Conciliation Act, 1996, held that a Court has the power to set aside the appointment of an arbitrator, if the appointment is ex-facie contrary to the arbitration clause, and thus is non est in law.

It has so been said in view of pertinent observations of the Hon’ble Supreme Court in Perkins Eastman Architects DPC & Anr. vs. HSCC (India) Ltd. 2019 SCC Online SC 1517 wherein it has been categorically stated that “in cases where one party has a right to appoint a sole arbitrator, its choice will always have an element of exclusivity in determining or charting the course for dispute resolution. Naturally, the person who has an interest in the outcome or decision of the dispute must not have the power to appoint a sole arbitrator.”

The afore-noted dictum of Hon’ble Supreme Court in Perkins Eastman (Supra), has been followed by Coordinate Benches of this Court in Proddatur Cable Tv Digi Services Vs. Siti Cable Network Limited 2020 SCC OnLine Del 350 and VSK Technologies Private Limited and Others Vs. Delhi Jal Board 2021 SCC OnLine Del 3525 in unequivocal terms.

The Hon’ble Supreme Court in Perkins Eastman Architects DPC & Anr. vs. HSCC (India) Ltd. 2019 SCC Online SC 1517 has categorically stated that “in cases where one party has a right to appoint a sole arbitrator, its choice will always have an element of exclusivity in determining or charting the course for dispute resolution. Naturally, the person who has an interest in the outcome or decision of the dispute must not have the power to appoint a sole arbitrator.”

 Important Supreme Court Judgments

  1. Perkins Eastman Architects DPC & Anr. Vs. HSCC (India) Ltd. 2019 SCC Online SC 1517
  2. TRF LimitedVs. Energo Engineering Projects Limited(2017) 8 SCC 377

There is no dispute to the ratio of law laid down by the Hon’ble Supreme Court in Union of India Vs. Pradeep Vinod Construction Company (2020) 2 SCC 464, wherein it is held that when the agreement specifically provides for appointment of a named Arbitrator, the appointment should be done in terms of the Agreement unless there are exceptional reasons. However, the said decision does not deal with the provisions of Section 12(5) of the Act.

Also, decision in Central Organization for Railway Electrification vs. M/s. ECI-SPIC-SMO-MCML (JV) A Joint Venture Company 2020(14) SCC 712 has been referred to the Larger Bench and is thus, not applicable to the present case.

Section 12(5) read with Schedule VII of the Arbitraiton and Concilaition Act deals with the impartiality and independence of arbitrator and prescribes ineligibility of a person to be appointed as an arbitrator.

IBA Guidelines on Conflicts of Interest in International Arbitration

The guidelines consist of three lists  namely the Red list , the orange list and the Green list.

The Red List, consisting of non-waivable and waivable guidelines, covers situations which are “more serious” and “serious”, the “more serious” objections being non-waivable.

The Orange List, on the other hand, is a list of situations that may give rise to doubts as to the arbitrator’s impartiality or independence, as a consequence of which the arbitrator has a duty to disclose such situations.

 The Green List is a list of situations where no actual conflict of interest exists from an objective point of view, as a result of which the arbitrator has no duty of disclosure. These Guidelines were first introduced in the year 2004 and have thereafter been amended, after seeing the experience of arbitration worldwide.

In Part 1 thereof, general standards regarding impartiality, independence and disclosure are set out.

15. General Principle 1 reads as follows:

“IBA Guidelines on Conflicts of Interest in International Arbitration

(1)  General Principle

Every arbitrator shall be impartial and independent of the parties at the time of accepting an appointment to serve and shall remain so until the final award has been rendered or the proceedings have otherwise finally terminated.”

 

“(2) Conflicts of Interest (a) An arbitrator shall decline to accept an appointment or, if the arbitration has already been commenced, refuse to continue to act as an arbitrator, if he or she has any doubt as to his or her ability to be impartial or independent.

 

(b) The same principle applies if facts or circumstances exist, or have arisen since the appointment, which, from the point of view of a reasonable third person having knowledge of the relevant facts and circumstances, would give rise to justifiable doubts as to the arbitrator’s impartiality or independence, unless the parties have accepted the arbitrator in accordance with the requirements set out in General Standard 4.

(c) Doubts are justifiable if a reasonable third person, having knowledge of the relevant facts and circumstances, would reach the conclusion that there is a likelihood that the arbitrator may be influenced by factors other than the merits of the case as presented by the parties in reaching his or her decision. 

(d) Justifiable doubts necessarily exist as to the arbitrator’s impartiality or independence in any of the situations described in the Non-Waivable Red List.”

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