Showing : 41-50 of 59 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 32,, Rule 15-- Suit for or against a person of unsound mind - Appointment of Guardian - Procedure to be adopted - Were a person to be declared of unsound mind, he/she should be examined by the Court either in open Court or in the chamber - In case need be the advice of medical expert should be taken...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 32,, Rule 15-- Suit for or against a person of unsound mind - Order of appointment of Guardian - Order u/O.35 R. 15 is not final for all times to come - The other party can always move an application in change circumstances...........
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..........
MADRAS HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Appointment of guardian for person of unsound mind - Duty of Court to arrive at a finding when it is brought to the notice of Court that any person is incapable of protecting his interest - Court is to decide if appointment of guardian is necessary or not and it is mandatory upon Court to give a..........
MADRAS HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 32, Rule 4, 5, 15-- Insane person or person with mental infirmity - Appointment of guardian - Court has to conduct an enquiry before permitting next friend to institute suit - It is duty of Court to examine the individual and if necessary, seek the assistance of an expert to adjudge as to whether individual is having..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 32, Rule 3-- Minor defendant - Sued through mother, natural guardian - Neither an application for appointment of guardian filed nor particulars of all possible guardians and requisite affidavit as required U.O.32.R.3(3) & (4) filed - Even certificate not filed to the effect as to who were the persons who had..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Guardians and Wards Act, 1890, Section 7, 10-- Minor - Appointment of guardian - Jurisdiction - Court at the place where guardian is residing has jurisdiction...........
MADHYA PRADESH HIGH COURT
Year of decision: 2004
Details
Family Courts Act, 1984, Section 13, Family Court Rules, 1988-- Custody of children - Dispute as to - Representation by legal practitioner - Allegations and counter allegations for appointment of guardian - Evidence of both parties required to be recorded - When parties cannot put forward their case without the assistance of counsel then Court should permit..........
KARNATAKA HIGH COURT
Year of decision: 2004
Details
Guardians and Wards Act, 1890, Section 9(1)-- Minor - Appointment of guardian - Jurisdiction - `Ordinarily resides' - Means the place where minor actually resides at time of application and not a legal or constructive residence of such minor unless where an artificial residence is created with bad faith - In the instant case minor under care..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Aged lady - Inability to defend due to advanced age - Appointment of guardian - Guardian can only be appointed after holding an enquiry whether applicant is incapable of protecting her interest by reason of any mental infirmity or not...........

Showing : 41-50 of 59 Results