Showing : 1-10 of 137 Results

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..........
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...........
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..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 2-- Property of minor - Suit filed by next friend - Non-impleadment of minor children - Petitioner who is major, himself claiming A-Schedule property in suit - Merely because in suit petitioner also sought relief for B-Schedule Property, which he claims to be belonging to his minor children, Court..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 1, 15-- Suit filed by person of unsound mind through his next friend - Enquiry as to unsoundness of mind - Court not required to hold enquiry before permitting plaintiff to proceed with trial of case - Moreover, such enquiry relates to defendant and not plaintiff...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Person of unsound mind - Enquiry as to - Where Court entertains a doubt about mental capacity or soundness of mind of a person or that he is not already declared as person of unsound mind, it is open to Court to take further assistance in form of medical examination - Quantum and extent of..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Person of unsound mind - Enquiry as to - Defendant not declared as person of unsound mind - Trial Judge interviewed defendant alone for about 30 to 40 minutes and formed an opinion that she is required to be called for one or two occasion for purpose of enquiry and further questioning by medical..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 3-- Suit for partition - Preliminary decree affirmed by Apex Court - Plea of minority - Appellant was already on record as legal heir of M and was represented by a counsel - Claim of appellant, who admittedly turned major at the time of passing of decree, was considered by Apex Court on merits also..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 15-- Unsound mind - Suit filed by next friend - No attempt made to establish that plaintiff was of unsound mind - Suit is not maintainable when such adjudication not undertaken and concluded...........

Showing : 1-10 of 137 Results