Showing : 1-10 of 55 Results

ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 32, Rule 2, 3-- Person of unsound mind - Suit filed through natural guardian/mother - Preferential claim of testamentary guardian - Appointment of testamentary guardian by father of plaintiff will not deprive mother of her right to act as natural guardian, till she remain alive, particularly when Will of father..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Person of unsound mind - Appointment of guardian - If a person is not capable of protecting his interests on his own, Court has an obligation to protect his interest by appointing a next friend or guardian...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Person of unsound mind - Appointment of guardian - Weakness of mind due to any reason, making a person incapable of protecting his interest, is sufficient to unfold protective umbrella U.O.32.R.15 CPC...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Person of unsound mind - Appointment of guardian - Enquiry U.O.32.R.15 CPC not conducted by Family Court before taking a decision that respondent was not suffering from any mental illness or mental infirmity - It is not known on what basis Court below has reached such a conclusion - There is..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 3, Civil Procedure Code, 1908, Order 22, Rule 4-- Non appointment of guardian ad-litem for minor grandsons - Deceased, on his death survived by sons and daughter - Held, when sons are alive, grandsons cannot become class-I heirs - Presence of grandsons not required - Non-appointment of guardian ad-litem has no affect on judgment and decree passed..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 1, 3-- Minor - Next friend and guardian ad litem - Appointment of a guardian ad litem or a next friend in a suit is limited only for suit and after discharge of that guardian ad litem/next friend, right/duty of guardian as defined u/s 4(b) of Hindu Minority and Guardianship Act automatically continues as..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Guardians and Wards Act, 1890, Section 7, 17-- Guardianship - Appointment - Allegations against each other by parties claiming guardianship may not disqualify them for appointment of guardian but one cannot use a child as a pawn to settle the score against another...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Suit for declaration - Plaintiff claiming herself of unsound mind and seeking appointment of legal guardian - Plaintiff died before decision of application - Application by L.R's for impleadment - Court has no jurisdiction to entertain suit on behalf of a dead person - Plaint returned being not..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 32, Rule 1-- Minor - A person who takes steps in a suit on behalf of a minor, automatically constitutes himself the next friend of minor - An order of Court, as in the case of a guardian ad litem for a minor defendant, is not necessary for that purpose - To be more precisely, a person filing suit as next..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 32, Rule 1-- Minor - Next friend or guardian ad litem - Appointment by Court is limited to that legal proceedings and beyond - The mandates in the personal law regarding competency of a natural guardian or a legal guardian or a defacto guardian are in the realm of private dealings in respect of minor's..........

Showing : 1-10 of 55 Results