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Home Bare Acts Phrase: statutory guardianGuardians and Wards Act, 1890 Chapter III
Title: Duties, Rights and Liabilities of Guardians
State: Central
Year: 1890
.....thereof may be attended by, such of the persons, interested in the application 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.....
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
.....Saving of power to appoint in other cases Section7 - Power of the Court to make order as to guardianship Section8 - Persons entitled to apply for order Section9 - Court having jurisdiction to entertain application Section10 - Form of application Section11 - Procedure on admission of application Section12 - Power to make interlocutory order for production of minor and interim protection of person and property Section13 - Hearing of evidence before making of order Section14 - Simultaneous proceedings in different Courts Section15 - Appointment or declaration of several guardians Section16 - Appointment or declaration of guardian for property beyond jurisdiction of the Court Section17 - Matters to be considered by the Court in appointing guardian Section18 - Appointment or declaration of Collector in virtue of office Section19 - Guardian not to be appointed by the Court in certain cases Chapter III Section20 - Fiduciary relation of guardian to ward Section21 - Capacity of minors to act as guardians Section22 - Remuneration of guardian Section23 - Control of Collector as guardian Section24 - Duties of guardian of the person Section25 - Title of guardian to custody.....
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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