Civil Procedure Code, 1908, Order 32, Rule 15, 3 -- Lunatic - Decree against a lunatic without a guardian being appointed is a nullity - If a decree is null and void, it is not necessary to set aside the same...........
Hindu Minority and Guardianship Act, 1956, Section 6(1), 13, Guardians and Wards Act, 1890, Section 17(3) -- Father seeking custody of minor children who are with their maternal grandfather and delivery of property belonging to one of the minors - Welfare of minors is of paramount consideration - Interviewing minors to personally know their minds as to their custody may..........
Punjab Land Revenue Act, Section 16,111,112,113,114,115,116,117,118,119,120,121 -- Challenge to partition on the ground that interest of minor co-sharer not safeguarded either by Court Guardian or by his brothers or his counsel - No instance quoted to show how minor's interest adversely affected - Objections against Naksha Bey neither raised before Commissioner nor before..........
Hindu Minority and Guardianship Act, 1956, Section 8, Guardians and Wards Act, 1890, Section 29 -- Hindu Joint Family Property - Agreement to sell executed by father acting for himself and as natural guardian of his minor sons in respect of Hindu Joint Family Property - Such an alienation not altogether prohibited under law but only voidable - Minor sons after attaining..........
Custody of minor -- Difficult to determine who is in better position to look after better and promote better the welfare and interest of child without taking evidence - Guardian Court to decide - Minor shall keep staying in the custody of mother...........
Constitution of India, 1950, Article 226 -- Writ of Habeas Corpus - Guardian and Wards Act - The existence of the remedy under the Guardian and Wards Act will not be a bar to the filing of petition for the issuance of the writ of Habeas Corpus...........
Constitution of India, 1950, Article 227 -- Suo moto revision - Petitioner a girl aged 15 years - Order passed by the Addl.C.J.M. directing her to be kept in Nari Niketan challenged by her not represented by any guardian in the petition - Objection to the maintainability of the petition filed by the petitioner on the ground of her minority - Once it is found that the order..........
Agreement to sell -- Joint Family Property - Minors - Agreement executed by father as Karta and as guardian of his minor sons - To bind the minors, agreement must be proved to be for the benefit of family and supported by legal necessity and for adequate consideration...........
Decree against minor -- When correctness of a decree is challenged by a minor on attaining majority, limited defence open to him is that either the decree in earlier suit was obtained by fraud/collusion or by negligence by the Court guardian or that guardian ad litem did not safeguard the interest of the estate of minor...........
Minor -- Guardian was representing the minor as his guardian - He paid sale consideration on behalf of minor and took active part in execution of sale deed in favour of his minor son - He even went to the extent to hold out that he would fight out the matter - Held, guardian was effectively representing the minor - Notice on the father and guardian was sufficient notice...........
