Showing : 121-130 of 137 Results

RAJASTHAN HIGH COURT
Year of decision: 1994
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3), Civil Procedure Code, 1908, Order 32, Rule 15-- Non impleading of guardian for a person of unsound mind - Not a formal defect but is a curable one - Plaint cannot be allowed to be withdrawn with permission to file a fresh one on the same cause of action...........
KERALA HIGH COURT
Year of decision: 1993
Details
Civil Procedure Code, 1908, Order 32, Rule 3-A-- Setting aside decree passed against minor due to negligence of guardian - Negligence must be of serious nature or of such a magnitude which justifies the inference that the minors interest were jeopardised by the acts of omission or commission by the guardian - Negligence of trivial nature are not..........
ALLAHABAD HIGH COURT
Year of decision: 1993
Details
Civil Procedure Code, 1908, Order 32, Rule 6, 7--- Provisions are mandatory - Minor's accident claim petition - Compromise or settlement arrived at without leave of court - Violative of mandatory provisions of law - Motor Accident Claims award enhanced from Rs.30, 000/- to Rs.one lac...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1993
Details
Civil Procedure Code, 1908, Order 32, Rule 1-- Next friend of minor plaintiff cannot be construed as a party to suit to continue proceedings if plaintiff dies. (Contract Act, 1872, Ss.201, 208, & 209)...........
DELHI HIGH COURT
Year of decision: 1992
Details
Civil Procedure Code, 1908, Order 21, Rule 90, Civil Procedure Code, 1908, Order 32, Rule 3-- setting aside sale - minor not duly respresented either in the suit or in the execution proceedings - Such decree is a nullity & void - Consequently the sale of property wherein the minor has a share is also void...........
ALLAHABAD HIGH COURT
Year of decision: 1992
Details
Civil Procedure Code, 1908, Order 32-- Unsoundness of mind or mental incapacity - It is open to the court to seek assistance of a medical expert - Court can compel a party to attend court for deciding the question - Court can direct such a person to be subject to examination by the medical expert and if the next friend tries to nullify..........
ALLAHABAD HIGH COURT
Year of decision: 1992
Details
Civil Procedure Code, 1908, Order 32-- Unsoundness of mind or mental incapacity - Court if due to ignorance does not makes an inquiry on the mental infirmity of a person and assume jurisdiction over him, the proceedings would be a nullity...........
ALLAHABAD HIGH COURT
Year of decision: 1992
Details
Civil Procedure Code, 1908, Order 32-- Unsoundness of mind or mental incapacity of parties - The question is primarily between the court and the party and is certainly not a lis between the parties themselves...........
ORISSA HIGH COURT
Year of decision: 1992
Details
Civil Procedure Code, 1908, Order 32, Rule 3(4), 15-- Process server reporting on summons that defendant is mad and notice of suit affixed - Court appointing Guardian ad-interim - Defendant moved an application that she is not mad - Merely because there is an earlier order that defendant is of unsound mind and a guardian has been appointed, trial..........
KARNATAKA HIGH COURT
Year of decision: 1991
Details
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 32, Rule 7-- Compromise on behalf of minor - Next friend or guardian of minor cannot compromise except with the leave of the court on the affidavit of such next friend or guardian to the fact that the compromise is in the interest of the minor - A similar certificate is also to be filed by the counsel..........

Showing : 121-130 of 137 Results