Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1169 days in setting aside ex parte decree - There was considerable inaction on part of defendant and bonafides in presentation of application become suspect - Defendant was well aware of proceedings but what prevented him from approaching Court in time is not on record - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- L.R's - O.22.R.5 CPC is only for the purpose of ringing L.Rs on record for conducting those proceedings only and does not operate as res judicata - Inter se dispute between rival legal representatives has to be independently tried and decided...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 5, 16, 27A, 61, 85, Indian Penal Code, 1860, Section 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 439 -- Regular bail - Recovery of 4400 kgs poppy husk - Petitioner neither apprehended on spot nor any recovery effected from his person - Petitioner implicated on basis of disclosure statement of..........
Hindu Marriage Act, 1955, Section 5, 11 -- Second marriage during subsistence of first marriage - Second marriage is void - However, second marriage could not be held void if it is solemnized prior to enforcement of Hindu Marriage Act, as provisions of H.M. Act are prospective in operation...........
Indian Penal Code, 1860, Section 363, 366A, 376D, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Kidnapping and rape - Age determination - Closure of evidence - Witness No.23 is material witness and essential for just decision of case - Impugned order set aside -..........
Hindu Adoptions and Maintenance Act, 1956, Section 5 -- Adoption - Void adoption - Can be challenged at any time - There is no limitation prescribed for the same...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay of two years in filing application - Condonation of delay - Defendant failed to file an affidavit explaining the delay and setting out sufficient cause for filing application to set aside ex parte decree after long lapse of more than two years -..........
Hindu Marriage Act, 1955, Section 5 -- Marriage - Long co-habitation - Where there is overwhelming evidence on record to prove long cohabitation between parties presumption is in favour of legitimacy of such marriage - Once long cohabitation as husband and wife is proved then burden shifts to one who asserts that there was no marriage or marital relationship...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 17 -- Ex parte decree - Setting aside - Ex parte decree passed on the basis of publication of notice in a newspaper - Order of service of summons by substituted service, held, not proper, as report of process server attested by a witness but his address not mentioned - In absence of..........
Prevention of Corruption Act, 1988, Section 13(1)(e), Madhya Pradesh Vishesh Nyayalaya Adhiniyam Act, 2012, Section 5, 13(1), 15(3) -- Confiscation of property - Ill-gotten money by criminal misconduct - Plea of retrospective -Held, Appellant/accused brought within ambit of M.P. Vishesh Nyayalaya Adhiniyam Act - Therefore, plea of retrospective not applicable - Hence,..........