Guardians and Wards Act, 1890, Section 17, 4(1), 3, 4(a) - - Daughters - Custody - Elder daughter attained age of majority - Application for her custody became infructuous - Second daughter who was of age of understanding refused to go with father - Wife alongwith her two children left house of husband 15 years ago and husband did not take care of his two daughters nor has..........
Criminal Procedure Code, 1973, Section 97 -- Child was in custody of his mother - Issuance of search warrant and directing custody of child to be given to father - Legality - Held, S.97 Cr.P.C. is restricted in its application for issuance of direction for search of a person wrongfully confined - Admittedly when the child was in custody of his mother there was no reason to..........
Punjab Municipal Corporation Act, 1976, Section 7A, Constitution of India, 1950, Article 243(ZG) -- Election - Municipal Corporation - Publication of notification - Writ petition challenging non rotation of wards as per reservation - Maintainability - Held election disputes can be raised after completion of elections - Even if there is no ground to challenge rotation of..........
Punjab Municipal Corporation Act, 1976, Section 7A, Punjab State Election Commission Act, 1994, Section 35 -- Delimitation of Wards of Municipal Corporation Order, 1995, cl.4 - Delimitation of wards - Petitioners sought direction to respondents to ensure delimitation of wards of Municipal Corporation as per census 2011 before publication of notification u/s.35 of the Act..........
Guardians and Wards Act, 1890, Section 17(3) -- Appointment of Guardian - Views of minor child should also be ascertained before the case is finally disposed of by the Court - On completion of arguments Court should examine child before arriving at its final conclusion...........
Guardians and Wards Act, 1890, Section 17(3) -- Appointment of Guardian - Welfare of child is of paramount important - Determination can be based on material available on record, evidence of parties, attending circumstances, social status of family, conduct and attitude of parents, etc...........
Guardians and Wards Act, 1890, Section 17(3) -- Appointment of Guardian - Preference of child - Ascertainment of - Whether child is old enough to form intelligent preference depends upon individual capacity and capability of child, its I.Q. levels, etc. and not merely on age of child...........
Hindu Minority and Guardianship Act, 1956, Section 6, Guardians and Wards Act, 1890, Section 7, 8, 10 -- Custody of minor to natural mother - Father of minor dead - Mother remarried - Custody of child handed over to grandfather of minor for short period as per agreement between parties - Grandfather also died - Child at present is in the custody of great grandfather who..........
Punjab Municipal Act, 1911, Section 8(1)(b), Delimitation of Wards of Municipalities Rules, 1972, Rule 5, 6 - - Reservation of wards - Validity - There is no allegation much less proof that reservation of wards is actuated by some mala-fides or with a view to oust any particular candidate from contest - Held, it will be a question of fact in each case which may be required..........
Constitution of India, 1950, Article 243T, Punjab Municipal Act, 1911, Section 8(1)(b), Delimitation of Wards of Municipalities Rules, 1972, Rule 5, 6 - - Election - Reservation of seats - Rotation of - Held, reservation of seats for women, scheduled castes and backward classes alone is mandatory - How such seats are rotated is left to State Govt. with play in joints as..........
