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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 should have either dismissed..........

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 suit decreed on admission of..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 32, Rule 3 -- Minor defendant - Court will appoint a guardian for him - The concept of `next friend' does not exist, if minor figures as defendant in a suit...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 32, Rule 1, 3 -- Next friend and guardian - Distinction - Next friend can act only to represent the interest of minor and has no power to put the interests of the minor at stake whereas guardian has some powers to take certain decisions, for and on behalf of the minor, may be, in a limited scale and subject to control by the Court...........

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...........

KARNATAKA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 26, Rule 10A -- Paternity of child - Application for medical examination - Application filed by petitioner U.O.26.R.10-A of CPC to subject the mother and guardian of plaintiff for conducting medical examination by a gynecologist to find out whether she has given birth to plaintiff, dismissed - Order upheld by High Court - Another..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 32, Rule 3 -- Minor - Court to appoint a proper person as guardian of minor - Court can appoint guardian of minor either on the application of defendants or the minor himself or by the plaintiff - Application has to be supported by an affidavit stating that proposed guardian has no interest in the matter in controversy adverse to that of..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 32, Rule 7 -- Minor - Compromise by guardian - Leave of Court has to be obtained - Application for leave to compromise to be accompanied by an affidavit of the next friend or guardian for the suit, if the minor is represented by a pleader, by the certificate of the pleader to the effect that agreement or compromise proposed is in the..........

GAUHATI HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 32, Rule 7 -- Minor - Guardian cannot enter into any agreement or compromise, on behalf of a minor, with reference to a suit without leave of the court - Any such agreement or compromise, entered into without leave of the court, shall be voidable against all parties other than minor...........

DELHI HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 3, 29, 3 -- Vakalatnama - Defective vakalatnama is liable to be returned - Defects routinely found in Vakalatnamas are : (a) Failure to mention the name/s of the person/s executing the Vakalatnama, and leaving the relevant column blank; (b) Failure to disclose the name, designation or authority of the person executing the Vakalatnama on..........

Showing : 31-40 of 71 Results