Civil Procedure Code, 1908, Order 32,, Rule 15 -- Suit for or against a person of unsound mind - Order of appointment of Guardian - Order u/O.35 R. 15 is not final for all times to come - The other party can always move an application in change circumstances...........
Civil Procedure Code, 1908, Order 32,, Rule 15 -- Suit for or against a person of unsound mind - Case law discussed...........
Civil Procedure Code, 1908, Order 32, Rule 15, Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Sale deed - Cancellation - Sale deed executed by a person of unsound mind at throw away price - Sale deed quashed...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Person of unsound mind or a mentally infirm person - Court can order medical examination of a person even during pendency of suit - Divergent opinion of doctors - Interim directions issued by Court directing panel of doctors from Govt. Mental Hospital to examine person...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Trial Court relying on report of Psychiatric Centre for holding defendant to be of unsound mind - Court itself not making an enquiry - Medical report not showing who examined defendant as regards his mental incapacity - Order of trial Court set aside - Trial Court directed to hold enquiry...........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Unsound mind - Petitioner has to establish that unsoundness of mind of respondent is incurable or her mental disorder is of such a kind and to such an extent that petitioner cannot reasonably be expected to live with her - Wife had only psychiatric disturbance immediately after her marriage for a short spell -..........
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..........
Collusive decree -- No details given in the plaint as to how plaintiff came to be owner in possession of the property of defendant - Neither any family settlement nor any gift pleaded therein - Defendant of unsound mind - Decree obtained by fraud to usurp the property - Decree null and void - Not binding on the rights of the parties...........
Will -- Whether a person of unsound mind can exercise his free volition - No - A Will is an expression flowing from a voluntary state of mind by which a person bequeaths his assets - Voluntary deposition is the essence of such a testament - A person of unsettled mind is not capable of understanding the consequences of such documents - Person's right effected by Will..........
Will -- Suspicious circumstances - No reason disclosed as to why the other natural heirs are excluded from the list of beneficiaries - No reason as to what prompted the testator to execute the Will, he being neither old nor having any ailment - The language of the Will reveals a professional hand, though alleged to be scribed by a novice - There is inter-spacing in the..........
