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V. Subramanian and 6 Others Vs. Kaliammal by Guardian and Next Friend ...

Court : Chennai

Reported in : 1998(1)CTC138

..... hence the order of the lower appellate court holding that the suit filed by the next friend of kaliammal, a person of unsound mind, is maintainable, is, in my opinion, in accordance with the provisions of transfer of property act, code of civil procedure and the hindu succession act ..... , the only point for determination in this appeal is:whether the suit filed by the plaintiff, a person of unsound mind, through guardian/next friend for redemption, is not maintainable?8. ..... , in this case, kaliammal has been adjudged as a person of unsound mind during the pendency of the suit. ..... are held to be applicable to persons of unsound mind so adjudged before or during the pendency of the ..... only objection raised by learned counsel for the appellants is as to the maintainability of the suit on the ground that the plaintiff being a person of unsound mind, is not entitled to redemption. ..... finding of the courts below that the plaintiff kaliammal is a person of unsound mind, is not disputed. ..... under clause (e) it was specifically provided that the committee or other legal curator of a lunatic or idiot mortgagor on behalf of such lunatic or idiot, institute a suit for redemption. ..... therefore, even under the old act, a suit was maintainable on behalf on idiot or lunatic, provided it is by the committee or other legal curator of the lunatic. ..... clause (e) refers lunatics.therefore, before the amendment of the said section, a lunatic was competentto sue for redemption of mortgage only though a curator or committee. .....

Thakur Manmohan Deo and anr. Vs. the State of Bihar and ors.

Court : Supreme Court of India

Reported in : AIR1961SC189; [1961]1SCR695

..... from any other tenure-holder a right to hold land for the purpose of collecting rent or bringing it under cultivation by establishing tenants on it and includes - (i) the successors-in-interest of persons who have acquired such right, (ii) a person who holds such right in trust, (iii) a holder of a tenure created for the maintenance of any person, (iv) a ghatwal and the successors-in-interest of a ghatwal, and (v) where a tenure-holder is a minor or of unsound mind or an idiot, his guardian, committee or other legal curator.' 9. ..... 'proprietor' means a person holding in trust or owning for his own benefit an estate or part of an estate, and includes the heirs and successors-in-interest of a proprietor and, where a proprietor is a minor or of unsound mind or an idiot, his guardian, committee or other legal curator; (q) 'tenure' means the interest of a tenure-holder or an under-tenure-holder and includes - (i) a ghatwali tenure, (ii) a tenure created for the maintenance of any person and commonly known as ..... the appellants is that the definition clauses should be so construed as to include zamindari ghatwalis only and not government ghatwalis, firstly, it is pointed out that clause (r) in its substantive part says that a 'tenure-holder' means a person who has acquired from a proprietor or from any other tenure-holder a right to hold land for the purpose of collecting rent or bringing it under cultivation by establishing tenants on it, this part, it is submitted, cannot apply to .....

Motipur Zamindari Co. Ltd. Vs. the State of Bihar and anr.

Court : Supreme Court of India

Reported in : AIR1953SC320; 1953(1)BLJR399; [1953]4SCR720

..... 'proprietor' is defined by section 2(o) as meaning a person holding in trust or owning for his own benefit an estate or a part of an estate and includes the heirs and successors-in-interest of a proprietor and, where a proprietor is a minor or of unsound mind or an idiot, his guardian, committee or other legal curator. ..... reference to proprietor who is a minor or of unsound mind or an idiot and his guardian etc. ..... officers therein mentioned are authorized at any time before or after the date of vesting by a written order served in the prescribed manner to require a proprietor or tenure-holder or any other person in possession of such an estate or tenure or any agents or employees of such proprietor, tenure-holder or other person to produce at a time and place specified in the order such documents, papers or registers or to furnish such information relating to such estate or tenure as such officer may from time to ..... das refers us to various sections and rules framed under section 43 of the act to show that only natural persons were intended to be affected by the act, because, he urges, the company is not competent to do the acts therein referred ..... clause (g) of that section empowers the collector by written order served in the prescribed manner to require any person in possession of such an estate or tenure or any part thereof to give up possession of the same by a date specified in the order and to take such steps or use such force as may be necessary for securing compliance with the .....

Kumar Bimal Chandra Sinha Vs. State of Orissa

Court : Supreme Court of India

Reported in : AIR1962SC1912; 29(1963)CLT169(SC); [1963]2SCR552

..... - the heirs and successors-in-interest of an intermediary and where an intermediary is a minor or of unsound mind or and idiot, his guardian, committee or other legal curator shall be deemed to be an intermediary for the purpose of this act. ..... reading the two definitions together, the position in law is that 'estate' includes the interest, by whatever name called, of all persons, who hold some right in land between the state at the apex and the raiyat at the base. ..... the same person, by transfer or by operation of law, might at the same time occupy different status in relation to land. .....

G. Manjunath and Another Vs. The Secretary, Karnataka Golf Association ...

Court : Karnataka

..... of section 2 states that an "inamdar" means a person holding in trust or owning for his own benefit an inam village or a minor inam or a share therein and includes the successors in interest of an inamdar and (i) where an inamdar is a minor or of unsound mind or an idiot, his guardian, committee or other legal curator, (ii) where an inamdar is a ..... and word "9 and 9a", the word and figures "and 9" shall be substituted; (b) in sub-section (1), for the words "deputy commissioner" the word "tribunal" shall be substituted and the words "or in respect of which any person claims to be continued as tenant under section 9a" shall be omitted; (c) in sub-section (3),- (a) in clause (a),- (i) for the words "deputy commissioner" the word "tribunal" shall be substituted; (ii) in sub-clause (i), for ..... of vesting of the inam concerned or 31st december 1979 whichever is later (b) where no application is made within the period specified in clause(a), the right of any person to be registered as an occupant shall stand extinguished and the land shall vest in the state absolutely such land shall be disposed of in accordance with the rules relating to grant of lands. ..... the date of commencement of the mysore inams abolition laws (amendment) act, 1979 or from the date of the decision, whichever is later, and any person aggrieved by such decision may, within thirty days from the said date, appeal to the prescribed authority and the decision of the prescribed authority shall be final. (2) x x x x x." 15. .....

Sri G Manjunath Vs. The Secretary

Court : Karnataka

..... of section 2 states that an inamdar means a person holding in trust or owning for his own benefit an inam village or a minor inam or a share therein and includes the successors in interest of an inamdar and (i) where an inamdar is a minor or of unsound mind or an idiot, his guardian, committee or other legal curator, (ii) where an inamdar is ..... and word "9 and 9a", the word and figures "and 9" shall be substituted; 17 (b) in sub-section (1), for the words "deputy commissioner" the word "tribunal" shall be substituted and the words "or in respect of which any person claims to be continued as tenant under section 9a" shall be omitted; (c) in sub-section (3),- (a) in clause (a),- (i) for the words "deputy commissioner" the word "tribunal" shall be substituted; (ii) in sub-clause (i), for ..... of vesting of the inam concerned or 31st december 1979 whichever is later 21 (b) where no application is made within the period specified in clause(a), the right of any person to be registered as an occupant shall stand extinguished and the land shall vest in the state absolutely such land shall be disposed of in accordance with the rules relating to grant of lands. ..... the date of commencement of the mysore inams abolition laws (amendment) act, 1979 or from the date of the decision, 22 whichever is later, and any person aggrieved by such decision may, within thirty days from the said date, appeal to the prescribed authority and the decision of the prescribed authority shall be final. (2) x x x x x. 15. .....

Anilabala Chowdhurani Vs. Dhirendra Nath Saha

Court : Kolkata

Reported in : AIR1921Cal309,65Ind.Cas.57

..... presidency towns commences with section 62, which provides as follows:whenever any person, not subject to the jurisdiction of any of the courts mentioned in section 37, is possessed of property and is alleged to be a lunatic, the district court within whose jurisdiction such person is residing, may upon application, by order direct an inquisition, for the purpose of ascertaining whether such person is of unsound mind and incapable of managing himself and his affairs.5. ..... section 38, sub-section (1), then authorises the high court to direct an inquisition whether a person subject to the jurisdiction of the, court, who is alleged to be lunatic, is of unsound mind and incapable of managing himself and his affairs, section 43, sub-section (1), authorises the court, if the alleged lunatic is not within the local limits of its ..... insanity had been adjudged in any particular case, a further jurisdiction then arose in the court of chancery to supervise and control the official conduct of the committee appointed to look after the person and property of the individual who had been adjudged as a lunatic. ..... in england, the custody and control of the persons of insanes and idiots was vested in the king as parent patri; consequently, the authority to direct an inquisition to be taken was also his, but was delegated to the chancellor as the personal representative of the crown by means of an official instrument called the 'sign manual' and was exercised by the chancellor alone and not by .....

Amirthammal and ors. Vs. Vallimayil Ammal

Court : Chennai

Reported in : AIR1942Mad693; (1942)2MLJ292

..... the person married may be a minor or even, of unsound mind and yet, if the marriage rite is duly solemnized, there is a valid ..... 1 vijnaneswara quotes the following text of yajnavalkya as an exception to the rule of succession 'of the son, the widow and other heirs',an impotent person, or outcast and his sons, one lame, a madman, an idiot, a blind man, and person afflicted with an incurable disease, and others (similarly disqualified), must be maintained, excluding them, however, from participation.in placitum 2, 'an idiot' is denned as a 'person deficient in understanding, meaning one incapable of discriminating good from bad'. ..... manu also describes those who are ineligible for heritage:impotent persons and outcasts do not take shares; so also those who are blind, and those who are born deaf, madmen, idiots, and the dumb, and those who are memberless.the commentator's remarks on this text are set out in ..... it is undoubtedly abhorrent to a modern mind that a congenital idiot should be allowed to marry, but the court here can only have regard to the personal law, and the personal law of the hindu undoubtedly does regard such a marriage as being ..... there is to be found there the statement that the marriage of a lunatic, an idiot or an impotent person is invalid under hindu law and reljance is placed on the decision of the privy council in mouji ..... committee was not, however, called upon to consider in that ease the question whether there could be a lawful marriage of a congenital idiot. .....

Ms. Asha Shamandas Bajaj and Mrs. Kamla Shamandas Bajaj Vs. Mrs. Meera ...

Court : Mumbai

Reported in : (2008)110BOMLR3586

..... hence this bill.the word 'lunatic' was defined in 1912 act under sub-section (5) of section 3 to mean an idiot or person of unsound mind and 'criminal lunatic' was 11 defined in sub-section (4) of section 3 to mean any person for whose detention in, or removal to any asylum, jail or other place of safe custody an order has been made in accordance with the provisions of section 466 or section 471 of the code of criminal procedure, 1898. ..... proceedings under sub-section (1), the magistrate may pass a reception order authorising the detention of the said person as an inpatient in a psychiatric hospital or psychiatric nursing home,(a) if the medical officer certifies such person to be a mentally ill person, and(b) if the magistrate is satisfied that the said person is a mentally ill person and that in the interests of the health and personal safety of that person or for the protection of others, it is necessary to pass such order.provided that any relative or friend of ..... down the following :section 43: (a) whoever (1) wilfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress, and (2) makes a threat with the intent to place the person in imminent fear of death or bodily injury, shall be guilty of the crime of stalking and shall be punished by imprisonment in the state prison for not more .....

Francklyn Vs. Sprague

Court : US Supreme Court

..... person of unsound mind remains a minor, an ordinary guardian is all the custodian of either his person or estate that is necessary, and an act done by such guardian in relation to his estate is as valid as if done by a committee appointed to take charge of him and his estate as a person of unsound mind ..... , no word of the complainant's imbecility was ever heard until after the insolvency of the company, and even if it had appeared while he was a minor that he was of unsound mind, the legislative act gave full power to the guardian to dispose of his estate in the manner she did, and removed all objections on that score. ..... the bills in those cases, with the addition of an averment that the complainant, by certain proceedings had in the supreme court of new york in april, 1874, commonly called a commission of lunacy, was declared to be of unsound mind, incapable of taking care of himself or his property; that he had been in that condition during all his life, and that said charles g. ..... hoyt, to have the complainant in this case declared to be of unsound mind from his birth, cannot have any effect to change the conclusion which we reached ..... whether he was of unsound mind or not, mary sprague was the lawful guardian of his property and estate in rhode island from the time of her first appointment, in 1857, when he was seven years old, and ..... -in-law and brother, who now appear as his committee in this suit, dealt with him as a person capable of transacting business as late as december, .....