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Start Free TrialGuardians 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 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.....
View Complete Act 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 sectionGuardians and Wards Act, 1890 Section 39
Title: Removal of Guardian
State: Central
Year: 1890
.....trust; (d) for ill-treatment, or neglect to take proper care, of his ward; (e) for contumacious disregard of any provision of this Act or of any order of the Court; (f) for conviction of an offence implying, in the opinion of the Court, a defect of character which unfits him to be guardian of his ward; (g) for having an interest adverse to the faithful performance of his duties; (h) for ceasing to reside within the local limits of the jurisdiction of the Court; (i) in the case of a guardian of the property, of bankruptcy or insolvency; (j) by reason of the guardianship of the guardian ceasing, or being liable to cease, under the law to which the minor is subject: Provided that a guardian appointed by will or other instrument, whether he has been declared under this Act or not, shall not be removed (a) for the cause mentioned in clause (g) unless the adverse interest accrued after the death of the person who appointed him, or it is shown that the person made and maintained the appointment in ignorance of the existence of the adverse interest, or (b) for the cause mentioned in clause (h) unless such guardian has taken up such a residence as, in the opinion of.....
View Complete Act List Judgments citing this sectionGuardians and Wards Act, 1890 Section 43
Title: Orders for Regulating Conduct or Proceedings of Guardian, and Enforcement of Those Orders
State: Central
Year: 1890
.....to an order made under sub-section (1) or sub-section (2), the order maybe enforced in the same manner as an injunction granted under section 492 or section 493 of the Code of Civil Procedure, 1882 (14 of 1882)1, in a case under sub-section (1), as if the ward were the plaintiff and the guardian were the defendant or, in a case under sub-section (2), as if the guardian who made the application were the plaintiff and the other guardian were the defendant. (5) Except in a case under sub-section (2), nothing in this section shall apply to a Collector who is, as such, a guardian. ________________________ 1. Now Order XXXIX, rules 1 and 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 Preamble 1
Title: Guardians and Wards Act, 1890
State: Central
Year: 1890
.....to the district of koraput by the Koraput Guardians and Wards Regulation, 1943 (Orissa Reg. 7 of 1943). It has been extended to the Union territory of Pondicherry by the Pondicherry (Extension of Laws) Act, 1968 (26 of 1968), subject to the following proviso:- "Provided that nothing contained in this Act shall apply to the Renoncants of the Union Territory of Pondicherry". It has been supplemented by the Hindu Minority and Guardians Act, 1956 (32 of 1956), section 2. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, Section 2 and Schedule I and to the whole of the Union territory of Lakshdweep by Reg. 8 of 1965, Section 3 and Schedule. This Act has been enforced in the State of Sikkim, w.e.f. 1st September, 1984, vide S.O. 644(E), dated the 24th August, 1984, Gazette of India, Extraordinary, Pt. II, section 3(ii).
View Complete Act List Judgments citing this sectionGuardians and Wards Act, 1890 Section 41
Title: Cessation of Authority of Guardian
State: Central
Year: 1890
(1) The powers of a guardian of the person cease (a) by his death, removal or discharge; (b) by the Court of Wards assuming superintendence of the person of the ward; (c) by the ward ceasing to be a minor; (d) in the case of a female ward, by her marriage to a husband who is not unfit to be guardian of her person or, if the guardian was appointed or declared by the Court, by her marriage to a husband who is not, in the opinion of the Court, so unfit; or (e) in the case of a ward whose father was unfit to be guardian of the person of the ward, by the father ceasing to be so or, if the father was deemed by the Court to be so unfit, by his ceasing to be so in the opinion of the Court. (2) The powers of a guardian of the property cease (a) by his death, removal or discharge; (b) by the Court of Wards assuming superintendence of the property of the ward; or (c) by the ward ceasing to be a minor. (3) When for any cause the powers of a guardian cease, the Court may require him or, if he is dead, his representative to deliver as it directs any property in his possession or control belonging to the ward or any accounts in his possession or control relating to any past
View Complete Act List Judgments citing this sectionGuardians 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
View Complete Act List Judgments citing this sectionGuardians and Wards Act, 1890 Section 20
Title: Fiduciary Relation of Guardian to Ward
State: Central
Year: 1890
(1) A guardian stands in a fiduciary relation to his ward, and, save as provided by the will or other instrument, if any, by which he was appointed, or by this Act, he must not make any profit out of his office. (2) The fiduciary relation of a guardian to his ward extends to and affects purchases by the guardian of the property of the ward, and by the ward of the property of the guardian, immediately or soon after the ward has ceased to be a minor and generally all transactions between them while the influence of the guardian still lasts or is recent.
View Complete Act List Judgments citing this sectionGuardians and Wards Act, 1890 Section 25
Title: Title of Guardian to Custody of Ward
State: Central
Year: 1890
(1) If a ward leaves or is removed from the custody of a guardian of his person, the Court, if it is of opinion that it will be for the welfare of the ward to return to the custody of the guardian, may make an order for his return and for the purpose of enforcing the order may cause the ward to be arrested and to be delivered into the custody of the guardian. (2) For the purpose of arresting the ward, the Court may exercise the power conferred on a Magistrate of the first class by section 100 of the Code of Criminal Procedure, 1882 (10 of 1882)1. (3) The residence of a ward against the will of his guardian with a person who is not his guardian does not of itself terminate the guardianship. ________________________ 1. Now section 97 of the Code of Criminal Procedure, 1973 (2 of 1974).
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