Hindu Marriage Act, 1955, Section 13(1) -- Cl.(iii) Explanations (a) & (b) - Mental disorder, Psychopathic disorder, Incurably of unsound, Unsoundness of mind - Meaning - Analysed...........
Civil Procedure Code, 1908, Order 32, Rule 15, Civil Procedure Code, 1908, Order 7, Rule 1(d) -- Person of unsound mind - Suit by next friend - Fact of mental infirmity must be stated in plaint - When such plaint is presented, Court on its own motion must conduct inquiry and it is only upon due satisfaction of Court that party by reason of mental infirmity is incapable of..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Wife of tenant filing application that her husband is of unsound mind, therefore written statement was fraudulently got signed by Counsel engaged by him as such that written statement be not read in evidence and prayed for appointing herself as guardian and next friend of her husband - Application..........
Contract Act, 1872, Section 12 -- Person found to be lunatic by inquisition - Not competent to contract - Once a person is disqualified from contracting being of unsound mind - Contract by him is void...........
Contract Act, 1872, Section 11, Transfer of Property Act, 1882, Section 7, Registration Act, 1908, Section 34, 35, 68 -- Sale deed - Cancellation - Lunatic - Once a person is disqualified from contracting being of unsound mind, a contract by him is void - A lunatic by inquisition was not competent to sell the land in favour of petitioners...........
Criminal Procedure Code, 1973, Section 328, 329, 330 -- Accused man of unsound mind - Application under Sections 329 and 330 dismissed by Additional Sessions Judge without holding any inquiry - Order set aside and directions given to the trial Court to request the Civil Surgeon to constitute a board of doctors in order to give the opinion whether the petitioner was a man..........
Will -- Sound disposing mind - Testator came from village without a stick on date of execution of Will and again on the date of registration - That goes to show that testator was having good health and was in his full senses - Mere advance age no ground to hold unsound mind...........
Criminal trial -- Motive - Though it is a sound proposition that every criminal act is done with a motive - It is unsound to suggest that no such criminal act can be presumed unless motive is proved - Mere fact that prosecution failed to translate that mental disposition of the accused into evidence does not mean that no such mental condition existed in the mind of the..........
Civil Procedure Code, 1908, Section 2(2) -- Consent decree - As good as the decree suffered after a keen contest - Can be only avoided on the ground of fraud, misrepresentation and coercion and in case of a person of unsound mind, if next friend negligent in conducting the case/proceedings...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Minor/Person of unsound mind -Suit to be filed in their name through next friend - Next friend cannot tile the suit in his own name and claim right in future in `spes successionis' unless he claims his separate or distinct independent right...........
