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Start Free TrialGuardians and Wards Act, 1890 Section 35
Title: Suit Against Guardian Where Administration-bond Was Taken
State: Central
Year: 1890
Where a guardian appointed or declared by the Court has given a bond duly to account for what he may receive in respect of the property of his ward, the Court may on application made by petition and on being satisfied that the engagement of the bond has not been kept, and upon such terms as to security, or providing that any money received be paid into the Court, or otherwise as the Court thinks fit, assign the bond to some proper person, who shall thereupon be entitled to sue on the bond in his own name as if the bond had been originally given to him instead of to the Judge of the Court, and shall be entitled to recover thereon, as trustee for the ward, in respect of any breach thereof.
View Complete Act List Judgments citing this sectionGuardians and Wards Act, 1890 Section 36
Title: Suit Against Guardian Where Administration-bond Was Not Taken
State: Central
Year: 1890
(1) Where a guardian appointed or declared by the Court has not given a bond as aforesaid, any person, with the leave of the Court, may, as next friend, at anytime during the continuance of the minority of the ward, and upon such terms as aforesaid, institute a suit against the guardian, or, in case of his death, against his representative, for an account of what the guardian has received in respect of the property of the ward, and may recover in the suit, as trustee for the ward, such amount as may be found to be payable by the guardian or his representative, as the case may be. (2) The provisions of sub-section (1) shall, so far as they relate to a suit against a guardian, be subject to the provisions of section 440 of the Code of Civil Procedure as amended by this Act, 1882 (14 of 1882)1. ________________________ 1. Now Order XXXII, rules 1 and 4(2), in the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908).
View Complete Act List Judgments citing this sectionGuardians 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.....
View Complete Act List Judgments citing this sectionGuardians 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.....
List Judgments citing this sectionGuardians 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.....
List Judgments citing this sectionExcise (Malt Liquors) Act, 1890 Section 9
Title: Application of Provisions of Section 150, Act 8 of 1878 to Malt Liquor
State: Central
Year: 1890
The provisions of section 150 of the Sea Customs Act, 1878, with respect with the allowance of a drawback of excise-duty paid on spirit manufactured in [Subs, by the Adaptation of Laws (No.2) Order, 1956, for "Part A States and Part C States".] [the territories which, immediately before the 1st November 1956, were comprised in Part A States and Part C States] and exported to a foreign port, and with respect to the regulation of the draw back by the quantity of such spirit, shall apply also, so far as they can be made applicable to fermented liquor made in [Subs.by the Adaptation of Laws (No.2) Order, 1956, for "Part A States and Part C States".] [the said territories] from malt and so exported and to the drawback of the excise-duty paid on such liquor.
View Complete Act List Judgments citing this sectionGuardians and Wards Act, 1890 Section 34
Title: Obligations on Guardian of Property Appointed or Declared by the Court
State: Central
Year: 1890
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 which he has received on behalf of the ward up to the date of delivering the statement, and of the debts due on that date to or from the ward; (c) if so required by the Court, exhibit his accounts in the Court at such times and in such form as the Court from time to time directs; (d) if so required by the Court, pay into the Court at such time as the Court directs the balance due from him on those accounts, or so much thereof as the Court directs; and
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