CiteTEXT
...stayed by the said High Court.
8. In order to effectively adjudicate the subject dispute before us, reference may be made to the principles of comity of courts...issue or having ramifications all over the country. Except that before the courts grant any injunction, they should have regard to the principles of comity of courts in a...formula to all cases. Perhaps in this sphere, the High Courts themselves might be able to introduce a certain amount of discipline having regard to the principles of comity of...
...of the New Jersey court that the annulment of marriage was made pursuant to the consent of the parties, the principles of comity of courts require the order of the court to be ac...Sanjib Banerjee, J.:— It appears that the marriage between the parties has been annulled by a court in New Jersey. The order of the court records the annulment of the marriage to be by...consent of the husband and wife.The grievance of the petitioning husband is that notwithstanding the marriage having been annulled, the wife is pursuing proceedings instituted in the...
...court had no interest in, or connection with the matter in question the court could not grant the injunction sought as it would be inconsistent with the principles of comity. The injunction granted..., the forum of their choice. It involves examination of the principles governing grant of an anti-suit injunction by a court of natural jurisdiction against a party to a suit before it restraining him...like the courts in England are courts of both law and equity. The principles governing grant of injunction — an equitable relief — by a court will also govern grant of anti-suit injunction which is but...
...regard to the principles of comity of courts in a federal structure and have regard to self-restraint and circumspection, we do not at this stage lay down any more definite norms. We may also perhaps add...introduce a certain amount of discipline having regard to the principles of comity of courts administering the same general laws applicable all over the country in respect of granting interim orde...should have regard to principles of comity of courts in a federal structure and should have regard to self-restraint and circumspection. However, they qualified this by saying that it would be impossible...
...regard to the principles of comity of courts in a federal structure and have regard to self-restraint and circumspection, we do not at this stage lay down any more definite norms. We may also perhaps add...introduce a certain amount of discipline having regard to the principles of comity of courts administering the same general laws applicable all over the country in respect of granting interim orde...amount of discipline having regard to the principles of comity of courts administering the same general laws applicable all over the country in respect of granting interim orders which will have...
...under the Insolvency and Bankruptcy Code 2016 was fraudulent and collusive. The Adjudicating Authority has proceeded to admit the petition, in derogation of the principles of comity of courts and...1. The appellant challenges the order of admission dated 9 March 2020 passed by the Adjudicating Authority/Principal Bench, NCLT, New Delhi in CP (IB)300(PB...jurisdiction while passing the impugned order of initiation of CIRP against ‘SARE Gurugram Pvt. Ltd’, even though the proceedings are pending before the Hon'ble High Court of Delhi...
...16.11.2022 (Annexure P-9) passed by the High Court of England and Wales on the principles of Comity of Courts whereby the said Court has ordered that minor is a ward of that Court during her minor...
CHANDIGARH
110
CWP-17774-2023 (O&M). Date of Decision: 11.10.2023.
RAMAN SONI...
.. Petitioner Versus
STATE OF HARYANA AND OTHERS
... Respondents
CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ...
...principles of comity and also on merits and directed to list the matter on 07.09.2015. This order was challenged through this revision.
1...
THE HON'BLE SRI JUSTICE A. VENKATESHWARA REDDY CRP No.722 of 2016
ORDER...:
1. This Civil Revision Petition is filed by the petitioner/defendant No.3 under Article 227 of the Constitution of India, assailing the order dated 05.09.2015 in IA No.1340 of 2015 in IA No.1179 ...
...the conduct of respondent No.8 in violating Canadian Court orders and retaining the child in India is illegal and contrary to settled principles of comity of courts and international child custody...is unjustified, contrary to the orders of a competent foreign Court, violative of the principles of comity of Courts, and not conducive to the welfare of the child. Indian Courts, while e...of the petitioner but also to the rule of law, international comity, and, above all, the welfare of the child.
19. The Hon'ble Supreme Court in...
...jurisdiction. On the principles of comity it is, therefore, accorded international recognition provided it fulfills certain basic requirements. A foreign award, on the other hand, which is founded on a....
Bearing in mind these principles let us consider whether the judgment of the Supreme Court could be enforced against the defendants by instituting a suit on...these principles we must consider what are the requirements of the laws of New York State for giving an award finality. In Appendix I to Sturges' Cases on Arbitration Law, the New York Arbitration Law...
.... The principles of comity of nation demand us to respect the order of English Court. Even in regard to an interlocutory order, Indian Courts have to give due weight to such order unless it falls...per Explanation to Section 44-A(3) CPC. In this case, the Court at England, after following the principles of natural justice, by recording reasons and very importantly basing on the application of...other penalty. We have to first see the nature of the costs imposed by the decree for interpreting the relevant Explanation. Before referring to the principles/guidelines in the decisions cited, it...
...absent in our Constitution. Courts in India would apply the rules of international law according to the principles of comity of nations, unless they are overridden by clear rules of domestic law. ...organisations, took a project to develop a set of international legal principles on the application of international law to human rights violations based on sexual orientation and sexual identity to bring...principles in a meeting held at Gadjah Mada University in Yogyakarta, Indonesia from 6-11-2006 to 9-11-2006, which was unanimously adopted as the Yogyakarta Principles on the Application of International...
...the principle of comity of courts, as applicable in private international law matters. The High Court has erred in holding that it was not necessary to hold an elaborate enquiry in the facts and circumstances of th...Adithya does not deserve to be gone into by the courts in India and it would be in accord with principles of comity as well as on facts to return the child back to the United States of America from where...Aspects of International Child Abduction”. The aforesaid Convention fully recognises the concept of doctrine of comity of courts in private international law. He submits that taking note of the...
.... So far as the principles of comity
-2
t the child was e of a writ in the nature by passing a
A...
CRWP-5847
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
311...
Meghna Rana State of Haryana
CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
Present:-
MANISHA BATRA, J...
...seems to me that that is inappropriate as a matter of comity, whether or not there is any issue estoppel.63. Moreover, it would be a recipe for confusion and injustice, and to bac...”.Agreed Principles8. On 29-9-2006 the appellants and Respondent 1 entered into what is known as the “Agreed Principles” for the use and supply of the windmill technol.... The second page of the Agreed Principles, inter alia, provides as follows:“The Agreed Principles as mentioned above, in their form and substance, would be the basis of...
...brought to India by Respondent 6, the custody issue concerning minor child Adithya does not deserve to be gone into by the courts in India and it would be in accord with principles of comity as well...divorce proceedings and the only parent in Belgium, should be given the custody. I cannot regard that order as rendering it in any way improper or contrary to the comity of nations if I now consider...& 264 H-265 A]“… Where the court has embarked [on] a full-scale investigation of [that] facts, the applicable principles, in my view, do not differ from...
...principles of Comity of Nations and Courts, also known as Universalism.
8. Principles of Comity of Nations and Courts had been used to recognize cr...WWR 43. New Zealand also placed significant reliance on the principles of comity in circumstances where its statutory scheme did not apply, prior to the enactment of a specific law for cross...unfair preference ahead of those others ranking at the same level."
14. In was further urged that Indian courts consistently recognized the importance of the principles of ...
...should have regard to the principles of comity of courts in a federal structure and have regard to self-restraint and circumspection, we do not at this stage lay down any more definite norms. We may...be able to introduce a certain amount of discipline having regard to the principles of comity of courts administering the same general laws applicable all over the country in respect of granting...brought danger to the national economy and was against the Directive Principles of State Policy enshrined in the Constitution. It was submitted that the validity of the consent order had to be decided on...
...at Hyderabad. He submits that, the Act of 2013 being the Central Act and in view of the principles of comity of Court, this Hon'ble Court should grant similar order of stay as done by the...situated and circumstanced as that of the writ petitioner have received orders directing stay of the disqualification order issued by the Registrar of Companies. On the principle of comity of Cour...Debangsu Basak, J.:— The petitioner assails the vires of Section 164(2)(a) of the Companies Act, 1956. The petitioner also assails a notice published by the...
...principles of comity of courts which have been duly upheld by the Hon'ble Supreme Court of India, recently in the case of Arathi Bandi v...consonance with the principles of Comity of Courts specially when the parties have set up their matrimonial home for more than eight years in UK and minor child since her birth had been residing in...gone into by the Courts in India and it would be in accordance with the principles of Comity of Courts as well as on account of the fact the Courts in UK have the closest connection with the parties and...