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Start Free TrialGuardians and Wards Act, 1890 Section 50
Title: Power of High Court to Make Rules
State: Central
Year: 1890
.....persons who should be appointed to audit accounts, and the scales of remuneration to be granted to them;] (g) as to the custody of money, and securities for money, belonging to wards; (h) as to the securities on which money belonging to wards may be invested; (i) as to the education of wards for whom guardians, not being 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".
View Complete Act List Judgments citing this sectionNorth-western Provinces and Oudh Act.1890 Section 5
Title: Law in Force in Certain Districts of the Allahabad Division to Apply to Jhanansi
State: Central
Year: 1890
(1) All enactments which shall on the day. {That is, the 1st April, 1891.} when this Part comes into force be in force in the said temporarily-settled districts and not in the said Jhansi Division shall be deemed to come into force in that Division on and from the said day. (2) Except the Jhansi Encumbered Estates Act, 1882,. {Since rep.by the Bundelkhand Encumbered Estates Act, 1903 (U.P.1 of 1903).} and the Jhansi and Morar Act, 1886,. {Rep.by Act 42 of 1953.} all enactments which shall on the said day {That is, the 1st April, 1891.} be in force in the said division and not in the said temporarily settled districts, including the Jhansi Courts Act, 1867, and Act No.27 of 1867, shall be deemed to be repealed on and from the said day {That is, the 1st April, 1891.} in the said division.
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
View Complete Act List Judgments citing this sectionGuardians 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 38
Title: Right of Survivorship Among Joint Guardians
State: Central
Year: 1890
On the death of one of two or more joint guardians, the guardianship continues to the survivor or survivors until a further appointment is made by the Court.
View Complete Act List Judgments citing this sectionGuardians and Wards Act, 1890 Section 40
Title: Discharge of Guardian
State: Central
Year: 1890
(1) If a guardian appointed or declared by the Court desires to resign his office, he may apply to the Court to be discharged. (2) If the Court finds that there is sufficient reason for the application, it shall discharge him, and if the guardian making the application is the Collector and the State Government approves of his applying to be discharged, the Court shall in any case discharge him.
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 42
Title: Appointment of Successor to Guardian Dead, Discharged or Removed
State: Central
Year: 1890
When a guardian appointed or declared by the Court is discharged, or, under the law to which the ward is subject, ceases to be entitled to act, or when any such guardian or a guardian appointed by will or other instrument is removed or dies, the Court, of its own motion or on application under Chapter II, may, if the ward is still a minor, appoint or declare another guardian of his person or property, or both, as the case may be.
View Complete Act List Judgments citing this sectionGuardians and Wards Act, 1890 Section 46
Title: Reports by Collectors and Subordinate Courts
State: Central
Year: 1890
(1) The Court may call upon the Collector, or upon any Court subordinate to the Court, for a report on any matter arising in any proceeding under this Act, and treat the report as evidence. (2) For the purpose of preparing the report the Collector or the Judge of the subordinate Court, as the case may be, shall make such inquiry as he deems necessary, and may for the purposes of the inquiry exercise any power of compelling the attendance of a witness to give evidence or produce a document which is conferred on a Court by the Code of Civil Procedure, 1882 (14 of 1882)1. ________________________ 1. Now the Code of Civil Procedure, 1908 (5 of 1908).
View Complete Act List Judgments citing this sectionGuardians and Wards Act, 1890 Section 49
Title: Costs
State: Central
Year: 1890
The costs of any proceeding under this Act, including the costs of maintaining a guardian or other person in the civil jail, shall, subject to any rules made by the High Court under this Act, be in the discretion of the Court in which the proceeding is, had.
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