Hindu Minority and Guardianship Act, 1956, Section 8 -- Permission to sell land of minor - Permission sought by father on the ground that property not getting any return and difficult to take care of - Declined by Trail Court - Price of land prove to be between Rs.1, 50, 000/- and Rs.2, 00, 000/- - Father permitted to sell property of minor at the rate not less than Rs.2,..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Appointment of guardian for person of unsound mind - Duty of Court to arrive at a finding when it is brought to the notice of Court that any person is incapable of protecting his interest - Court is to decide if appointment of guardian is necessary or not and it is mandatory upon Court to give a finding and if the Court is..........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Minor - Permission to compromise - Minor becoming major at the time of compromise - Guardian has no authority to enter into compromise even though without any formal order of discharge he could appear in the proceedings for other purpose...........
Civil Procedure Code, 1908, Order 32, Rule 4, 5, 15 -- Insane person or person with mental infirmity - Appointment of guardian - Court has to conduct an enquiry before permitting next friend to institute suit - It is duty of Court to examine the individual and if necessary, seek the assistance of an expert to adjudge as to whether individual is having a sound mind and..........
Indian Penal Code, 1860, Section 366 -- Kidnapping of girl aged 17 years with intent to marry her - Prosecutrix of her own came to accused to get married as she was in love with him - No evidence that prosecutrix was taken or enticed away by the accused out of the keeping of a lawful guardian - Conviction cannot be sustained...........
Indian Penal Code, 1860, Section 366 -- Necessary ingredients of the offence of S.366 IPC are : (i) that she was kidnapped or abducted from the custody of her lawful guardian, and (ii) that she was kidnapped or abducted with the intention of compelling her to marry any person against her will or in order that she may be forced or seduced to illicit sexual intercourse...........
Hindu Minority and Guardianship Act, 1956, Section 11, 8 -- Alienation of minors property either by mother or by a defacto guardian in contravention of Section 11 is void...........
Hindu Minority and Guardianship Act, 1956, Section 8(3), Limitation Act, 1963, Article 60 -- Minor's immovable property - Alienation by natural guardian without obtaining permission of Court - Alienation is voidable at the instance of minor for which a suit has to filed within three years from the date on which the minor attains majority...........
Criminal Procedure Code, 1973, Section 482, Hindu Minority and Guardianship Act, 1956, Section 13 -- Custody of minor girl - Minor girl kidnapped - She was traced and produced before a Magistrate - Minor girl has to be sent to her lawful guardian - Interim custody of girl to grand parents cannot be given when parents of girl are available - Minor girl was kidnapped for..........
Guardians and Wards Act, 1890, Section 7, 8, 17, Hindu Minority and Guardianship Act, 1956, Section 6, 13 -- Custody of minor - Paramount consideration for determining the right of custody of minor is his welfare - Court cannot adopt coercive measures forcing a minor of 16-1/2 years to remain with his father, natural guardian, against his wishes - Coercive steps will not..........
