Bare Act Search Results

Guardians and Wards Act, 1890 Chapter II

Title: Appointment and Declaration of Guardians

State: Central

Year: 1890

.....guardian in his stead shall not be made until the powers of the guardian appointed or declared as aforesaid have ceased under the provisions of this Act. Section 8 - Persons entitled to apply for order An order shall not be made under the last foregoing section except on the application of (a) the person desirous of being, or claiming to be, the guardian of the minor; or (b) any relative or friend of the minor; or (c) the Collector of the district or other local area within which the minor ordinarily resides or in which he has property; or (d) the Collector having authority with respect to the class to which the minor belongs. Section 9 - Court having jurisdiction to entertain application (1) If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides. (2) If the application is with respect to the guardianship of the property of the minor, it may be made either to the District Court having jurisdiction in the place where the minor ordinarily resides, or to a District Court having jurisdiction in a place where he has property. (3) If.....

Guardians and Wards Act, 1890 Section 19

Title: Guardian Not to Be Appointed by the Court in Certain Cases

State: Central

Year: 1890

Nothing in this Chapter shall authorize theCourt to appoint or declare a guardian ofthe property of a minor whose property is under the superintendence of a Courtof Wards or to appoint or declare a guardian ofthe person- (a)ofa minor who is married female and whose husband is not, in the opinion of Court,unfit to be guardian of her person; or (b)1 [** *] of a minor whose father is living and is not in the opinion of the Court,unfit to be guardian of the person of the minor; or (c)ofa minor whose property is under the superintendence of a Court of Wardscompetent to appoint a guardian of the person of the minor. ________________________ 1. The words "subject to theprovisions of this Act with respect to European British subjects" omitted byAct 3 of 1951, section 3 and Schedule

Guardians and Wards Act, 1890 Complete Act

State: Central

Year: 1890

.....thereof may be attended by, such of the persons interested in the aplication as the Court thinks fit. (3) The guardian stating in good faith the facts in the petition and acting upon the opinion, advice or direction given by the Court shall be deemed, so far as regards his own responsibility, to have performed his duty as guardian in the subject-matter of the application. SECTION 34: OBLIGATIONS ON GUARDIAN OF PROPERTY APPOINTED OR DECLARED BY THE COURT - Where a guardian of the property of a ward has been appointed or declared by the Court and such guardian is not the Collector, he shall,- (a) if so required by the Court, give a bond, as nearly as may be in the prescribed form, to the Judge of the Court to ensure for the benefit of the Judge for the time being, with or without sureties, as may be prescribed, engaging duly to account for what he may receive in respect of the property of the ward; (b) if so required by the Court, deliver to the Court, within six months from the date of his appointment or declaration by the Court, or within such other time as the Court directs, a statement of the immovable property belonging to the ward, of the money and other movable property.....

Guardians and Wards Act, 1890 Complete Act

Title: Guardians and Wards Act, 1890

State: Central

Year: 1890

.....of powers of guardian of property appointed or declared by the Court Section30 - Voidability of transfers made in contravention of section 28 or section 29 Section31 - Practice with respect to permitting transfers under section 29 Section32 - Variation of powers of guardian of property appointed or declared by the Court Section33 - Right of guardian so appointed or declared to apply to the Court for opinion in management of property of ward Section34 - Obligations on guardian of property appointed or declared by the Court Section34A - Power to award remuneration for auditing accounts Section35 - Suit against guardian where administration-bond was taken Section36 - Suit against guardian where administration-bond was not taken Section37 - General liability of guardian as trustee Section38 - Right of survivorship among joint guardians Section39 - Removal of guardian Section40 - Discharge of guardian Section41 - Cessation of authority of guardian Section42 - Appointment of successor to guardian dead, discharged or removed Chapter IV Section43 - Orders for regulating conduct or proceedings of guardian, and enforcement of those orders Section44 - Penalty for removal.....

Guardians and Wards Act, 1890 Chapter IV

Title: Supplemental Provisions

State: Central

Year: 1890

.....Collectors, have been appointed or declared by the Court; and (j) generally, for the guidance of the Courts in carrying out the purposes of this Act. (2) Rules under clauses (a) and (i) of sub-section (1) shall not have effect until they have been approved by the2[State Government], nor shall any rule under this section have effect until it has been published in the Official Gazette. ________________________ 1. Inserted by Act 17 of 1929, section 3. 2. Substituted by A.L.O. 1950, for the words "Provincial Government". Section 51 - Applicability of Act to guardians already appointed by Court A guardian appointed by, or holding a certificate of administration from a civil Court under any enactment repealed by this Act shall, save as may be prescribed, be subject to the provisions of this Act, and of the rules, made under it, as if he had been appointed or declared by the Court under Chapter II. Section 52 - Amendment of Indian Majority Act [Repealed] [Repealed by the Repealing Act, 1938 (1 of 1938), section 2 and Schedule]. Section 53 - Amendment of Chapter XXXI of the Code of Civil Procedure [Repealed] [Repealed by the Code of Civil Procedure, 1908 (5 of.....

Guardians and Wards Act, 1890 Section 44

Title: Penalty for Removal of Ward from Jurisdiction

State: Central

Year: 1890

If, for the purpose or with the effect of preventing the Court from exercising its authority with respect to a ward, a guardian appointed or declared by the Court removes the ward from the limits of the jurisdiction of the Court in contravention of the provisions of section 26, he shall be liable, by order of the Court, to fine not exceeding one thousand rupees, or to imprisonment in the civil jail for a term which may extend to six months.

Guardians and Wards Act, 1890 Section 16

Title: Appointment or Declaration of Guardian for Property Beyond Jurisdiction of the Court

State: Central

Year: 1890

If the Court appoints or declares a guardian for any property situate beyond the local limits of its jurisdiction, the Court having jurisdiction in the place where the property is situate shall, on production of a certified copy of the order appointing or declaring the guardian accept him as duly appointed or declared and give effect to the order.

Colonial Courts of Admiralty Act, 1890 Complete Act

State: Central

Year: 1890

.....in England, and shall have the same regard as that Court to international law and the comity of nations. (3) Subject to the provisions of this Act any enactment referring to a Vice-Admiralty Court, which is contained in an Act of the Imperial Parliament or in a Colonial law, shall apply to a Colonial Court of Admiralty, and be read as if the expression "Colonial Court of Admiralty" were therein, substituted for "Vice-Admiralty Court "or for other expressions respectively referring to such Vice-Admiralty Courts or the Judge thereof, and the Colonial Court of Admiralty shall have jurisdiction accordingly: Provided as follows. (a) Any enactment in an Act of the imperial Parliament referring in the Admiralty Jurisdiction of the High Court in England when applied to Colonial Court of Admiralty In a British possession, shall be read as if the name of that possession were therein substituted for England: and Wales: and (b) A Colonial Court of Admiralty shall have under the (Naval Prize Act, 1864) and under the (Slave Trade Act, 1873) and any enactment relating to prize or the slave trade. the Jurisdiction thereby conferred on a Vice-Admiralty Court and not the jurisdiction thereby.....

Guardians and Wards Act, 1890 Chapter III

Title: Duties, Rights and Liabilities of Guardians

State: Central

Year: 1890

.....more than one year beyond the date on which the ward will cease to be a minor. Section 30 - Voidability of transfers made in contravention of section 28 or section 29 A disposal of immovable property by a guardian in contravention of either of the two last foregoing sections is voidable at the instance of any other person affected thereby. Section 31 - Practice with respect to permitting transfers under section 29 (1) Permission to the guardian to do any of the acts mentioned in section 29 shall not be granted by the Court except in case of necessity or for an evident advantage to the ward. (2) The order granting the permission shall recite the necessity or advantage, as the case may be, describe the property with respect to which that act permitted is to be done, and specify such conditions, if any, as the Court may see fit to attach to the permission; and it shall be recorded, dated and signed by the Judge of the Court with his own hand, or, when from any cause he is prevented from recording the order with his own hand, shall be taken down in writing from his dictation and be dated and signed by him. (3) The Court may in its discretion attach to the permission.....

Colonial Courts of Admiralty Act, 1890 Section 9

Title: Power to Establish Vice-admiralty Court

State: Central

Year: 1890

.....the vacancy until anappointment to the office is made by the Admiralty. (3)The provisions of this Act with respect to appeals to Her Majesty in Councilfrom Courts in British possessions in the exercise of the jurisdiction conferredby this Act shall apply to appeals from Vice-Admiralty Courts but the rules andorders made in relation to appeals from Vice-Admiralty Courts may differ fromthe rules made in relation to appeals from the said Courts in Britishpossessions. (4)If Her Majesty at any time by commission under the Great Seal so directs, theAdmiralty shall by writing under their hands and the seal of the office ofAdmiralty abolish a Vice-Admiralty Courts established in any British possessionunder this section, and upon such abolition the jurisdiction of any Colonial Court of Admiralty in that possession whichwas previously suspended shall be revived. ________________________ 1.Substituted by A.O. (P). 2.The words "or in Burma"were repealed by the Burma Independence Act, 1947, S. 5 and Sch. II, Part 1.