Civil Procedure Code, 1908, Order 9, Rule 13, Succession Act, 1925, Section 372, 373 -- Succession certificate - Minor a legal heir not impleaded as a party and steps not taken to ensure appointment of a lawful guardian - On publication of public notice minor could not get himself impleaded as a party and raised objections being legally incapacitated from taking such steps..........
Custody of child -- Writ of habeas corpus in child custody matters is maintainable only where detention is shown to be illegal or without authority of law - When child is in custody of a natural guardian such custody cannot ordinarily be termed as illegal so as to justify issuance of a writ, unless there are exceptional or compelling circumstances demonstrating immediate..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 2(wa) -- Dishonour of cheque - Complainant u/s 138 of the N.I Act is a victim as defined in S.2(wa) Cr.P.C. as the expression `victim' includes not only person who has suffered any loss or injury caused by reason of any act or omission for which accused person has been charged, but also..........
Guardians and Wards Act, 1890, Section 25 -- Custody of children - Petition by husband - Wife had travelled and moved minors to India without consent of father, who was guardian and without obtaining original passports from him but rather by procuring fake or duplicate or fresh passports while original already existed for travel purposes - However, High Court while..........
Hindu Minority and Guardianship Act, 1956, Section 8(2) -- Sale of minor's property - Prior permission of Court is a sine qua non for a guardian of a minor to transfer property of minor in any of manners provided u/s 8(2) of the Act...........
Hindu Minority and Guardianship Act, 1956, Section 8(3) -- Sale of minor's property without permission of Court - If natural guardian of a minor disposes of immovable property of a minor in contravention of Ss.8(1), 8(2) of the Act, particularly without permission of Court, such a transaction would be voidable at the instance of minor...........
Hindu Minority and Guardianship Act, 1956, Section 8(2) -- Sale of minor's property in contravention of Ss.8(1), 8(2) of the Act - Voidable transaction executed by guardian of minor can be repudiated and ignored by minor within time on attaining majority either by instituting a suit for setting aside voidable transaction or by repudiating the same by his unequivocal..........
Custody of child -- Writ of habeas corpus - Child is in custody of father - Custody of father being natural guardian, cannot be regarded as illegal or unlawful unless shown to be contrary to a specific legal order or authority - Though availability of an alternative remedy is not an absolute bar to issuance of a writ of Habeas Corpus, however, disputes between natural..........
Guardians and Wards Act, 1890, Section 7 -- Custody of minor child - Claimed by father - Minor child is now 10 years of age and has been in care and custody of his mother for past six years - Father of child cannot be stranger to child, as he was also in joint custody of child for nearly four years - Neither of parties have placed any materials to credit or discredit their..........
Child custody -- Merely because grandparents or other relatives had nurtured child for some period, natural guardian cannot be denied right of custody of child unless it is shown that welfare of minor would jeopardize ...........
