Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3A -- Rejection of plaint - Suit alleged to be barred U.O.23.R.3-A CPC - Civil suit challenging compromise decree passed by Revenue Court - Separate suit challenging a compromise decree is not maintainable and is barred by U.O.23.R.3-A CPC - Question of legality or validity of a..........
Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Sexual assault - Ingredients and proof - Victim's testimony that appellant pulled down her pant and touched/stroked her private part, together with recovery of her pant containing semen, establishes "touching with sexual intent" constituting sexual assault - Conviction u/s 8 of the Act affirmed...........
Protection of Children from Sexual Offences Act, 2012, Section 7 -- Interpretation - "Physical contact" is not confined to "skin-to-skin", the controlling element is "sexual intent" - Applied to uphold conviction for sexual assault...........
Dowry Prohibition Act, 1961, Section 3, 7(3) -- Taking of dowry and giving of dowry - Statement by wife and her family members in a complaint u/s 498-A and S.3 of 1961 Act with regard to `taking dowry' - Same cannot be substratum for launching prosecution against wife and her family members for the offence of `giving dowry' u/s 3 of the Act as they being `persons..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected in part...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application U.O.7.R.11 CPC Court is required to consider only averments/pleadings as made in plaint and not the defence as set up by defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar U.O.2.R.2 CPC - Cause of action to seek declaration regarding ownership and for cancellation of gift deed & sale deed accrued to plaintiff only upon application for impleadment by defendant Nos.3 to 6 filed in earlier suit and pleading regarding said..........
Arbitration and Conciliation Act, 1996, Section 7, 11 -- Arbitration agreement - There must be a defined `legal relationship' between parties and agreement to arbitrate may be contractual or not - Conclusion of a contract might not be necessary for that purpose and what needs to be seen is whether parties were ad idem in their intention to refer a dispute to arbitration as..........
Arbitration and Conciliation Act, 1996, Section 11, 7 -- Appointment of arbitrator - Arbitration agreement - Letter of Intent (LOI) does not in and of itself, create a legal relationship or contractual obligations until there is a clear, unambiguous final acceptance by parties - LOI is to be followed by a final award or a concluded agreement, it cannot be said that letter..........
Arbitration and Conciliation Act, 1996, Section 11, 7 -- Appointment of arbitrator - Arbitration agreement - Arbitration clause contained in Tender documents could not be said to have been incorporated in LOI to evince existence of an arbitration agreement between parties on its conjoint reading with Tender documents - There is no mention of any arbitration or dispute..........
