Showing : 31-40 of 59 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Guardians and Wards Act, 1890, Section 17(3)-- Appointment of Guardian - Views of minor child should also be ascertained before the case is finally disposed of by the Court - On completion of arguments Court should examine child before arriving at its final conclusion...........
KERALA HIGH COURT
Year of decision: 2011
Details
Hindu Minority and Guardianship Act, 1956, Section 6-- Minor - Appointment of guardian - Biological parents, the father and mother, who are natural guardians, are to be preferred, while appointing guardian for whatever be its purpose - This can be excluded only when both parents are either unfit to be guardian or to discharge the duties and..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 32, Rule 2-- Minor or person of unsound mind - Appointment of Guardian - Appellants categorically admits that shares which have been granted by Courts below to plaintiffs/respondents in partition suit are quite correct - Their only argument is that plaintiff No.2 was of unsound mind hence lower appellate court..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Hindu Minority and Guardianship Act, 1956, Section 6, 7, 25, Specific Relief Act, 1963, Section 41(h)- - Custody of minor child - Suit for mandatory injunction - Maintainability - Plaintiff-appellant neither applied u/s 7 of the Act for her appointment as guardian of minor nor u/s 25 for making an order for return of his custody - Suit for mandatory injunction filed for custody of minor - Held, S.41..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 32, Rule 3, 4-- Minor defendant - Guardian appointed by Court - Object of - Held, appointment of a guardian for a minor defendant by Court is necessary to protect interest of minor defendant or else plaintiff by a fraudulent act nominate somebody favoring himself as a guardian of a minor defendant and get the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 32, Rule 1, 15-- Plaintiff when minor or of unsound mind - Suit in his name can be filed by next friend without an order from Court regarding appointment of next friend - However, when defendant is minor or of unsound mind, then appointment of guardian of such defendant is required to be made by Court...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Guardians and Wards Act, 1890, Section 8-- Respondent who was unmarried gave birth to a female child - Child when 7 days old, respondent left her in custody of the appellant - Application filed by the appellant for their appointment as Legal Guardian - Held, Court has to take into consideration the welfare of the child and not the rights..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 32, Rule 3, 4-- Minor - Appointment of guardian - Plaintiff to file with plaint a list of relatives with the addresses, who prima-facie are most likely to be capable of acting as guardian of the minor in the suit...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Person of unsound mind - Appointment of guardian - The issue of unsoundness of mind is primarily between the Court and the party and not a lis between the parties - O.32.R.15 CPC casts a duty on the Court to hold an inquiry to reach a definite conclusion that allegations regarding unsoundness of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Person of unsound mind - Appointment of guardian - Person alleged to be of unsound mind not even summoned by the Court - No independent medical opinion taken - Due procedure not followed to hold that respondent was of unsound mind - Case remanded...........

Showing : 31-40 of 59 Results