Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Question raised is a disputed question of fact - On adjudication, result may go this way or that way - Same cannot be a ground to reject plaint...........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - Clause in agreement that if any dispute or difference arises between partners or their respective heirs or anyone claiming from them - Therefore, legal representatives or anyone claiming through a partner is entitled to invoke arbitration clause...........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement in the first clause of agreement - In second clause it was stated that arbitration shall be optional - This does not obliterate or write off the arbitration clause...........
Family Courts Act, 1984, Section 7 -- Suit for declaration of matrimonial status - Divorce through Mubarrat - When parties approach a Court seeking formal recognition of their divorce through Mubarrat, Court's primary role is to verify the mutuality and voluntariness of agreement - Upon satisfaction, Court is obligated to endorse the dissolution and declare the marital..........
Family Courts Act, 1984, Section 7 -- Suit for declaration of matrimonial status - Divorce through Mubarrat - Parties are living separately and have entered into a Mubarrat agreement wherein they mutually agreed to dissolve the marriage subject to payment of Rs.30 lakhs by husband to wife - Sum of Rs.30 lakhs has been paid in full by husband and both the parties have..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Plaint disclosing cause of action but same was cognizable by Revenue Court - Only course open to Civil Court is to return plaint and not to reject the same...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Jurisdiction - Return of plaint - At any stage of suit, plaint can be returned to be presented to the Court in which suit should have been instituted...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Cause of action cognizable by Revenue Court - Revenue Court cannot be excluded from the definition of Court for the purposes of O.7.R.10 CPC...........
Protection of Children from Sexual Offences Act, 2012, Section 7 -- Sexual assault - Sexual intent which involves physical contact without penetration amounts to commit sexual assault...........
Civil Procedure Code, 1908, Section 24, 22, 23, 2(4), Family Courts Act, 1984, Section 7 -- Transfer of matrimonial case - Jurisdiction of Court - Where Lucknow Bench would be appellate Court competent to hear appeals against an order passed by Family Court situated in any of Courts subordinate to it and functional within its territorial limits of jurisdiction, transfer..........
