Hindu Marriage Act, 1955, Section 11, 5(i), (iv), (v) -- Marriage solemnised after the commencement of the Act "shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions so specified in clauses (i), (iv) and (v) of S.5 of the Act - However,..........
Identification of Prisoners Act, 1920, Section 2(a), 4, 5, Criminal Procedure Code, 1973, Section 53 -- Taking of voice sample - Power of Magistrate - Held, a Magistrate acting u/s 5 of the Prisoners Act can give a direction to any person to give his voice sample for purposes of any investigation or proceeding under the Code...........
Identification of Prisoners Act, 1920, Section 5, Criminal Procedure Code, 1973, Section 53 -- Voice sample - Whether included in the definition of "measurements" under the Identification of Prisoners Act and in the Explanation to S.53 of the Code? - Held, no, voice sample is not included in the definition of "measurements" under the provisions of the abovesaid Acts...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 3 days in filing appeal - Medical reasons given in explaining the delay - Delay properly explained - There is nothing on record to show that delay was intentional or was deliberate - A valuable right has been lost to the appellant to be heard on merits - Impugned order set aside - Delay condoned - Matter..........
, Section 4, 5, 18, 23A, Rule 16(ii) - - Eviction - Unauthorized occupants - `Jumla Mushtarkan Malkan' - Land reserved during consolidation for common purposes - Held, Gram Panchayat is entitled to seek eviction of any person who is in unauthorised possession of such land...........
, Section 4, 5, 11 - - Eviction - Res judicata - `Jumla Mushtarkan Malkan' - Land reserved during consolidation for common purposes - Question of title decided in favour of Gram Panchayat - Order passed by Collector in summary proceedings under 1973 Act - Held, it cannot operate as res judicata - Petitioners failed to prove any right, title or interest in land in dispute -..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal representative - Substitution of - Validity - `P' filed a suit for declaration claiming 1/4th share in property left by her father - She died during pendency of suit and succeeded by her husband `R', who moved an application for impleading/substituting him in place of her, being her husband - Application was allowed -..........
Telegraph Act, 1885, Section 5(2), 7, Telegraph Rules, 1951, Rule 419A -- Phone tapping - Admissibility in evidence - Held, no, compliance or inadequate compliance with provisions of Telegraph Act does not per se affect admissibility of recorded conversation which is relevant - Such relevant conversation would be admissible in evidence...........
Civil Procedure Code, 1908, Order 15, Rule 5, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3) -- Suit for recovery of arrears of rent - Both Courts below have concurrently held that petition itself was not maintainable as the property in dispute is not covered by the provisions contained in S.1(3) of 1973 Act - Held, when once it is held that..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, 382, 201, 34, Immoral Traffic (Prevention) Act, 1956, Section 3, 4, 5 -..........
