Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7 -- Plea of juvenility - When plea of juvenility taken by petitioner before Magistrate, High Court and also before Supreme Court and said plea is rejected upto Supreme Court, petitioner cannot be allowed to re-agitate plea of juvenility by filing fresh application u/s 7-A of the Act...........
Guardians and Wards Act, 1890, Section 7, 12, 25 -- Custody of children - Claimed by father - Daughter had attained majority and she had clearly stated that behaviour of father towards her and her mother was not good and she did not want to reside with her father - Even, both the children did not want to live with father - Family Court clearly observed that father had..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Defendant cannot be stopped from participating in proceedings simply because he did not appear in first or some other hearing - He will have to show good cause for previous absence, only if he desires to be relegated back to position in which he would have been put if he had appeared at previous hearing...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte proceedings - Defendants were never served any notice of pendency of suit before 29.8.2014 - On 29.8.2014 only a date was fixed to proceed ex parte and thereafter evidence of plaintiffs was taken on affidavit and matter fixed for ex parte judgment - Defendants even stated that if they are allowed to..........
Civil Procedure Code, 1908, Section 21, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction - Principle of S.21 CPC applies to an application U.O.7.R.11 CPC - However, such objection has to be moved at the earliest - Even if there is no limitation prescribed, in the light of S.21 CPC it is required on the part of petitioners to raise objection at the earliest..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Late production of document - Document sought to be produced when case was at the stage of arguments - Document not produced earlier due to inadvertence - Provision of O.7.R.14 CPC not meant for this purpose - Said provision can come to the rescue of a party who bona fidely could not place a document earlier on record and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected on basis of allegations levelled by defendant in written statement...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court is required to look into averments made in plaint, which alone are germane while exercising power U.O.7.R.11 CPC - In undertaking said exercise, Court is not expected to consider a particular plea and instead, averments made in plaint in entirety have to be taken to be correct...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Once averments made by plaintiff in amended plaint disclose a right to sue, plaint cannot be rejected for want of cause of action by undertaking a detailed analysis of averments made therein and going through documents filed by plaintiff with a tooth-comb to adjudge their correctness or..........
Civil Procedure Code, 1908, Order 16, Rule 1, 6, 7 -- Summoning of witnesses and documents - Failure to establish relevance of witnesses summoned and relevance of document sought to be summoned - Dismissal of applications, upheld...........
