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..........
Civil Procedure Code, 1908, Order 32, Rule 1, 2, 2-A, 3 -- Minor - Suit by minor through next friend - It is not necessary that next friend must be a natural guardian or a close relation...........
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...........
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...........
Hindu Minority and Guardianship Act, 1956, Section 8, Evidence Act, 1872, Section 101, Transfer of Property Act, 1882, Section 54 -- Sale of minor's property - When a person after attaining majority, questions any sale of his property by his guardian during his minority, the burden lies on the person who upholds/asserts the purchase not only to show that the guardian had..........
Hindu Minority and Guardianship Act, 1956, Section 8, Limitation Act, 1963, Article 58, 65 -- Sale of minor's property by guardian - Property in possession of minor - Property included in the suit for partition filed by plaintiff on the basis of sale deed - It was only then that execution of alleged sale deed was disclosed to the minor - Minor had no cause of action to..........
Civil Procedure Code, 1908, Order 32, Rule 2 -- Minor - Suit filed through grand father - Minor can file suit through next friend who need not to be the natural guardian only - Natural guardian can be any person, not necessarily any of the guardians enumerated in S.4 of Hindu Minority and Guardianship At, 1956 - Held, suit filed by minor through grand father is..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Mother of minors approached Guardian Court seeking permission to sell property belonging to her minor children - Permission granted by Court with direction that mother of minor children can sell property belonging to her children within one year from passing of judgment - However, property sold after one year - Held,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Girl child aged 7 years - Brain injuries caused deformity in various part of the body/limb and she had abnormality in mental and intellectual functions - Face of child was also disfigured - Functioning of tongue and ear have been affected as a result of which she could not speak and hear - Required total..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 406 -- Quashing of complaint - Offence u/ss 420, 406, 467, 468 IPC - Property in dispute was gifted to son of petitioner by her father - As per complaint, Petitioner No.1 being guardian of her minor son executed sale deed in favour of complainant/petitioner no. 2, after taking..........
