...adjudication of the dispute as to age of petitioner No.1. In any case the marriage of the petitioners being violative of Section 5(3) of the Hindu Marriage ...Section 5(iii) of the Hindu Marriage Act, 1955 the same is voidable and not void. Even if, their marriage is held to be not proved or void, petitioners are living together out of their own free wi...the petitioners CRWP-7293-2020 (O&M) -3- are present before this Court through video conferencing. On being asked, the petitioners have stated that they have solemnized marriage as per Hindu rites and...

...marriage was held in contravention of the age limits as per section 5(3) of the Hindu Marriage Act, 1955, the same also cannot plainl...provisions of section 5(3) of the Hindu Marriage Act, 1955, yet, the marriage in contravention of the age limits can neither...appearing for the petitioner husband drawing my attention to the provisions of section 6 of the Hindu Marriage and Guardianship Act, 1956 specially section 6 of the aforesaid Act...

...to do so.6. The conditions for a Hindu marriage are informed in Section 5 of the Hindu ...relief under Section 13(1)(i-a) of Hindu Marriage Act, 1955.2. The petitioner informed of being the wife of respondent, they having married on 02.06.1995, their being the parents of 2...requirement that the bridegroom should have been completed aged of 21 years and the bride 18 years at the time of marriage. Noteworthy it is that the breach of such condition...

...in Section 3 and the provisions of sub-section (5) of Section 4 the definition clause of “religious trust” in the Act must mean public trusts express or constructive, recognised by Hindu law to be...deals with the constitution of the Board. Section 5 provides for the constitution of the Bihar State Board of Religious Trusts. Section 5(3) states that the Board shall be a body corporate and shall have...Constitution. It is pointed out that the definition of the word ‘Hindu' in Section 2 does not include Sikhs; and Section 5 constitutes a Board for religious trusts other than Jain religious trusts, and...

...property of the Hindu joint family. It must, therefore, be held that Section 5(3) read with the explanation permits notional computation only in respect of those who “hold” an undivided interest in the joint....“Stridhana land” under Section 3(42) is not the same thing as known to Hindu law19. The appellants want to rely upon the right to...maintenance inhering in a female under the Hindu law for the purpose of construing the definition of “stridhana land” in Section 3(42) of the Act. Question arises whether while dealing with definitions under...

....2. The learned Civil Judge held that the marriage between the appellant and respondent No. 1 was null and void as contravening the provisions of s. 5(1) of the Hindu...disentitled herself to relief on the grounds mentioned in cls. (a) or (d) of sub-s. (1) of s. 23 of the Hindu Marriage Act, 1955. In view of this petition having been allowed..., 1955, it may not be out of place to take notice of the same at this stage. section 11 of this act runs as follows:“Any marriage solemnized after the commencement of this Act shall be null...

...as expressed in section 3(b) of the Hindu Marriage Act, 1955 without doing any undue violence to the language of the definition in section 2(e) of the...Special Marriage Act it is possible that the legislature has resorted to this change in language in section 3(b) of the Hindu Marriage Act, 1955, as it felt the...sections of the Hindu Marriage Act is as follows:“3(b) In this Act, unless the context otherwise requires,…. (b) District C...

.... Section 5 (3) provides that the President of the Board shall be appointed by the State Government and shall for all purposes be deemed to be a member. Under s. 5 (4) the 599...public temple-Tests--Validity of enactment providing for proper administration of temple- Constitutionality-Nathdwara Temple Act, 1959 (Rajasthan 13 of 1959) ss. 2 (viii), 3, 4, 5, 7, 1O, 11, 16, 21, 22... considered as reasonable and in the interests of the public under Art. 19 (5). Vidya Varuthi Thirtha v. Balusami Ayyar, (1921) L. R. 48 1. A. 3...

...wife. Section 5 of the Hindu Marriage Act lays down the conditions of a valid marriage. Clause (1) of the said Act lays...that as the petitioner had nine members in the family, he was entitled under Section 5(3)(b) of the Act to have 6 additional I hectares of irrigated land.3. It is not in dispute that the...petitioner were, including himself, nine members in the family. Out of these members, two of them were his wives. Sub-section (3) of Section 5 of the Act lays down the area which a tenure-holder would...

...Section 4 of Act No. 60 of 1950 and under Section 3 of Act No. 22 of 1955 must enure to the benefit of the entire joint Hindu family.It still remains to....(3) The occupancy or the ryotwari patta of the land, as the case may be, re-granted under sub-section(1) shall not be transferable otherwise than by partition among members of ...character of being joint family property with the resumption of the watan under Section 3 of Act No. 60 of 1950 or Section 4 of Act No. 22 of 1955 and re-grants thereof were exclusive to the plaintiff...

...licence fees in respect of various licences required under the Act; these show that a trader has to take separate licences under Section 5(1) and Section 5(3). The licence fee payable for additional..., weighment, pressing or processing of the same commercial crop. A combined reading of the Rule and the bye-laws shows that though different licences may have to be obtained under Section 5(1) and Section 5(...dated July 10, 1953, dismissed the applications. The learned Judges held that Section 5(4)(a) of the Act was void to the extent it conferred on the Collector authority to refuse a licence at his own...

...Section 5(3) was suitably amended in 1973 so as to include “in respect of a licensee deemed to be a tenant by Section 15-A” “the licensor who has given such licence”.9. Section...Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, may first be set out.4. Section 5 (4-A) defines a licensee as follows:“(4-A...expressions ‘licence’, ‘licensor’ and ‘premises given on licence’ shall be construed accordingly;”5. Section 5(8) defines premises as follows...

...marriage under Section 13-B of the Hindu Marriage Act, 1955 (for short "the Act"), the said marriage having been solemnized on 02.05.2014 at farmhouse of the husband, when the wife had not yet att...attained the majority on the date of the marriage, the solemnization would not bring into existence, the marital relationship between the parties by virtue of Section 5(3) of the Act...two years also have lapsed after the wife attained majority by virtue of Section 3 of the Prohibition of Child Marriage Act, 2006. The learned counsel for the...

...true that no separate notice was issued to Zarina on this occasion but on April 29, 1950 a notice was issued to her under Section 5(3) of the Hyderabad Administration of Evacuee Property Regulation XII...such property to be evacuee property. Sub-section (3) of Section 5 provides that the Custodian shall from time to time notify all properties declared by him to be evacuee property under sub-section (1...dated February 17, 1955 under Section 7 of the Administration of Evacuee Property Act, 1950 was issued by the Senior Assistant Custodian and served on the firm of Khan Bahadur Ahmad Alladin...

...constituting a mining area under Section 3(3). Section 4 deals with the imposition and collection of cess. The rate of the levy authorised shall not exceed 5 per centum of the valuation of the minerals at...area during the quarter after deducting expenses, if any, for collection and recovery. Section 5(3) contemplates that to the credit of the said fund shall be placed all collections of cess under...which it is levied. It was probably felt that some additions should be made to the special fund, and so Section 5(3) contemplates that grants from the State Government and local authorities and...

...order under sections 4, 5 and 13 and along with the child under section 3." Page 10 of 141 PART II...from fifteen to sixteen for females and from eighteen to twenty-one for males and to make consequential amendments in the Hindu Marriage Act, 1955, and the Indian Christian Marriage Act... nullity under the proposed section 3, every child born of such marriage, whether before or after the commencement of the proposed legislation,...

...for the reason that the alleged marriage between the 1st appellant and the father of appellants 2 and 3 is not a marriage between two ‘Hindus’. Section 5 of the Hindu Marriage Act cannot ...are those contained in Section 16(3) of the Hindu Marriage Act. This right, it was held, could be exercised only qua the individual property of the parent and cannot be used...Section 16(3) of the Hindu Marriage Act is confined only to the individual properties of the parents and cannot be extended to coparcenary property. Essentially, the learned...

...the religion will not apply to the Collector; that is to say, a Collector will be a member of the Board even though he may not be a Hindu and a follower of the denomination. Section 5(3) provides that...5 is not directory, as has been sought to be argued, but mandatory and non-fulfilment thereof would not permit a marriage under the Act between two Hindus. Section 7 of the 1955 Act is to be read...along with Section 5 in that a Hindu marriage, as understood under Section 5, could be solemnised according to the ceremonies indicated therein.’...

...registration of a trade mark, an application must be filed in the branch office of the Registrar of Trade Marks. It is not in dispute that under Section 5(3) of the 1958 Act, the Central Government...agent in the strict sense of the term. The manager of a joint Hindu family is not an ‘agent’ within the meaning of this condition.(3) To constitute....Civil Appeal No. 6248 of 19973. The appellant herein filed a suit against the respondent to protect his copyright, trade marks and common law rights as regards his...

...provisions of sub-section (3) of Section 5, is a sale in the course of export of those goods out of the territory of India.(1-A) A dealer shall be liable...this angle it will be clear that sub-section (3) of Section 5 formulates a principle inasmuch as it lays down a general guiding rule applicable to all penultimate sales that satisfy the two conditions...the two aspects as discussed earlier show that by necessary implication ‘the agreement’ spoken of by Section 5(3) refers to the agreement with a foreign buyer...