Hindu Marriage Act, 1955, Section 7, 5 -- Marriage - Validity - Failure to recite `mantra' during `saptapadi' - Hindu Marriage Act defines `saptapadi' as seven steps by bride and bridegroom before sacred fire and Hindu Marriage Act never contemplates enchanting of `mantra' during `saptapadi' - When Act does not state enchanting of any such `mantra' during `saptapadi',..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Suit for cancellation of registered sale deed and for declaration and permanent injunction - Plaintiff challenging decree passed in earlier suit and also registered sale deed - Admittedly, plaintiff was party to earlier suit, thus, he has knowledge of passing of decree and..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Accused being inspector in DESU demanded Rs.2000 for supply of electricity to PW2 - Currency notes were given to accused in a polythene bag - Presence of PW3, panch witness on the spot remains unchallenged - PW2, PW3 and PW5 (inspector) affirmed that accused produced currency notes given by PW2 to..........
Limitation Act, 1963, Section 12(4), Article 76, Civil Procedure Code, 1908, Order 7, Rule 1 -- Malicious prosecution - Suit for damages - Limitation prescribed is one year - Exclusion of time in legal proceedings - Order of acquittal passed on 23.04.2014 and suit for compensation instituted on 23.06.2015 - Nothing on record in regard to the time consumed in obtaining..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Eviction - Unauthorised occupation - Petitioner in possession has been thrown out from the land upon which he has constructed his house - No evidence led by Gram Panchayat except site plan to prove that land in dispute is a pond on which petitioner is in unauthorized occupation - Moreover, Court below should..........
Hindu Marriage Act, 1955, Section 7, 5 -- Agreement of marriage - Such type of marriage is not recognised in law - Marriage can be solemnized in accordance with customary rites and ceremonies of either party thereto and where such rites and ceremonies include the Saptpadi, the marriage become complete and binding when the seventh step is taken...........
Hindu Marriage Act, 1955, Section 7, 5 -- Marriage - Validity of marriage - Parties should not be spindas to each other, unless custom or usage governing each of them permits of marriage between the two - Such marriage is a void marriage but, on a petition preferred by either party thereto...........
Hindu Marriage Act, 1955, Section 7, 5 -- Marriage - Validity of marriage - Customary marriage - In the absence of any precedent or custom of such marriage, no judicial notice can be taken of a custom - In the absence of any pleading or proof of custom, plea that in their community such marriage can be performed cannot be accepted as no judicial precedent was brought to..........
Insolvency and Bankruptcy Code, 2016, Section 7, 9, 10, 30, 31 -- It is Adjudicating Authority which first admits an application by financial or operational creditor, or by corporate debtor itself under Code - Adjudicating Authority then appoints an interim resolution professional who takes administrative decisions as to day to day running of corporate debtor; collation of..........
Insolvency and Bankruptcy Code, 2016, Section 5(7), 5(20) -- Financial creditors and Operational Creditors - Financial creditors are capital providers for companies, who in turn are able to purchase assets and provide working capital to enable such companies to run their business operation - Operational Creditors are beneficiaries of amounts lent by financial creditors..........
