(1) This Act may be called the Bombay Court of Wards Act, 1905. (2) It shall extend to the 1[2[Bombay area of the State of Maharashtra except Greater Bombay.] 3[* * *] NOTES The term "Ward".--A person under the care of a guardian; a disqualified proprietor whose person or property is under the superintendence of the Court of Wards and includes a proprietor whose person or property has been placed under the charge of Collector by order of the Civil Court.-(Aiyar's Law Lexicon). _________________________ 1. These words were substituted for the words "whole of the Bombay Presidency, except the Greater Bombay" by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956. 2. These words were substituted for the words "pre-Reorganisation State of Bombay, excluding the transferred territories and' by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 3. The words "and Aden" were omitted by the Adaptation of Indian Laws Order in Council.
View Complete Act List Judgments citing this sectionThe Court of Wards may summarily evict in the manner specified in section 202 of the 1Bombay Land Revenue Code, 1879, any person occupying, or in possession of any immovable property under its superintendence, to the use and occupation of which he has ceased to be entitled under any of the provisions of that Code, or which he uses or occupies in contravention of any of the provisions of this Act. ______________ 1. See now the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).
View Complete Act List Judgments citing this section2[For the purpose of the recovery of rents, profits and other sums due in respect of property under the super intendence of the Court of Wards (whether such arrears become due before or after the assumption of such superintendence) the Court of Wards shall have all the powers possessed by a Collector under the law for the time being in force for the recovery of land-revenue due to Government, including the power conferred by section 176 of the 1Bombay Land Revenue Code, 1879.] ___________ 1. See now the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966). 2. This section was substituted by Section 7 of the Bombay Court of Wards (Amendment) Act, 1913 (Bom. 2 of 1913).
View Complete Act List Judgments citing this sectionTHE BOMBAY COURT OF WARDS ACT, 1905 [Act No. 1 of 19051] [3rd June, 1905] PREAMBLE An Act to establish a Court of Wards in the Bombay Presidency. WHEREAS it is expedient to establish a Court of Wards in the Bombay Presidency; AND WHEREAS the previous sanction of the Governor General required by section 5 of the 2Indian Councils Act. 1892, has been obtained for the passing of this Act; It is hereby enacted as follows : _________________________________ 1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1904, Pt. VII, p. 83: for Report of Select Committee, see ibid., 1905, Pt. VII, p. 14, and for Proceedings in Council, see ibid., 1904, Pt. VII, pp. 144. 208, ibid., 1905, Pt. VII, p. 42. 2. See now the Government of India Act, 1935.
View Complete Act List Judgments citing this section.....granted or continued by Government on political considerations or of a hereditary pension or cash-allowance;] (c) "District Court" shall include the Court of an Assistant Judge invested under section 19 of the 6Bombay Civil Courts Act, 1869, with all the powers of a District Judge; and (d) "minor" shall mean a person who, under the provisions of the 7Indian Majority Act, 1875 is to be deemed not to have attained his majority. ____________________________ 1. The paragraph was substituted by Section 2(a) of the Bombay Court of Wards (Amendment) Act, 1913 (Bom. 2 of 1913). 2. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. 3. This words was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 4. These words were substituted for the words "the City by Bombay" by Bom. 17 of 1945, Section 9, Sch. E. read with Bom. 52 of 1947, Section 2, proviso. 5. This clause was inserted by Section 2(b) of the Bombay Court of Wards (Amendment) Act, 1913 (Bom. 2 of 1913). 6. See Supra. 7. Central Acts.
View Complete Act List Judgments citing this section..... 1. This portion was substituted for the words "the Commissioner shall be the Court of Wards for the limits of his division" by Bom. 28 of 1950, Sch. 2. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. 3. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 4. The word 'if was substituted for the word 'he' by the Adaptation of Indian Laws Order in Council. 5. The words "Official Gazette" were substituted for the words "Bombay Government Gazette", ibid. 6. The words "in lieu of the Commissioner" were deleted by Bom. 28 of 1950. Sch. 7. These words were substituted for the words "the Commissioner and any other officer or" by Bom. 28 of 1950, Sch. 8. These words were substituted for the words "Bombay Presidency" by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.
View Complete Act List Judgments citing this section.....in the public interests to preserve the property of such landholder 4[or pension-holder] for the benefit of his family, and that the said property is of such virtue that economical management by the Court of Wards is practicable. (2) No sanction given under sub-section (1) shall be called in question in any Court, except in the case of a land-holder [or pension-holder] disqualified under section 5, sub-section (1). clause (a), where proceedings are instituted within three months of the giving of the sanction. __________________________ 1. The words "Provincial Government" were substituted for the words "Government in Council" by the Adaptation of Indian Laws Order in Council. 2. This word was substituted for the word "Provincial" by the Adaptalion of Laws Order, 1950. 3. These words were inserted by Section 3 of the Bombay Court of Wards (Amendment) Act, 1913 (Bom. 2 of 1913). 4. These words were inserted, ibid., Section 4(1).
View Complete Act List Judgments citing this section(1) The following land-holders 1[or pension-holders] shall, for the purposes of section 4, be deemed to be disqualified to manage their own property, namely :- (a) minors; (b) females declared by the District Court, on the application of the Collector and after such judicial inquiry as it thinks necessary, to be unfitted to manage their own property; (c) persons declared by the District Court, on the like application and after the like inquiry, to be incapable of managing, or unfitted to manage, their own property owing to,- (i) any physical or mental defect or infirmity; or (ii) such habits as cause, or are likely to cause, injury to their property or to the well-being of their inferior holders; and (d) persons adjudged by a competent Civil Court to be of unsound mind and incapable of managing their affairs. (2) No appeal shall lie from any declaration under clause (b) or (c) of sub-section (1). _______________________ 1. These words were inserted by Bombay Court of Wards (Amendment) Act, 1913, Section 4(2).
View Complete Act List Judgments citing this sectionWhere any 1[Government Officer] is appointed or declared to be guardian of the property, or of the person and property, of a minor under section 7, sub-section (1), of the 2Guardians and Wards Act, 1890, he shall intimate the fact to the Court of Wards, and the Court of Wards may thereupon, with the previous sanction of the 3[4[State] Government], assume the superintendence of the property, or of the person and property of such minor. __________________________________ 1. These words were substituted for the word "servant of the Crown" by the Adaptation of Laws Order, 1950. 2. Central Acts. 3. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council. 4. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
View Complete Act List Judgments citing this sectionThe Court of Wards shall not assume the superintendence of the property, or of the person and property, of any minor of whose property, or of whose person and property, (a) a guardian has been appointed by Will or other instrument, or (b) a guardian other than 1[a 2[Government officers]] has been appointed declared under section 7, sub-section (1), of the 3Guardians and Wards Act, 1890, except with the previous consent of the District Court. _____________________ 1. The words "a servant of the Crown" were substituted for the words "an Officer of Government" by the Adaptation of Indian Laws Order in Council. 2. These words were substituted for the words "servant of the Crown" by the Adaptation of Laws Order, 1950. 3. Central Acts.
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