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Results of appointment of guardian

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Showing : 41-50 of 62 Results

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 mind of a person are well..........

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...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 32, Rule 15 -- Suit against a person of unsound mind - Appointment of Guardian - Procedure - Brother appointed Guardian holding that defendant suffering from unsoundness of mind - Barring evidence of brother and a Doctor, no other material on record to prove that defendant is of unsound mind - Defendant not summoned by Court in person - No..........

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...........

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 finding and if the Court is..........

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 a sound mind and..........

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 no adverse interest to that of..........

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...........

DELHI HIGH COURT

Year of decision: 2004
Details

Civil Procedure Code, 1908, Order 32, Rule 15 -- Probate proceedings - Will by father - Guardian ad litum - Appointment sought - Petitioner was slow in understanding and affected with mild mental retardation - Relatives of petitioner shunned company of petitioner because of mental malady - Certificate issued by medical board showed that petitioner had abnormally low IQ -..........

Showing : 41-50 of 62 Results