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Muhammad Khadim HusaIn Vs. Ahmad Hasan - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in39Ind.Cas.175
AppellantMuhammad Khadim Husain
RespondentAhmad Hasan
Excerpt:
guardians and wards act (viii of 1890), sections, 34(c) 41(3) - guardian and minor--minor attaining majority district judge, whether can review accounts of guardian--minor, right of. - .....during the time he acted as such. the learned district judge held that there was no such duty imposed on him by law, and accordingly declined to go into the accounts. the ex minor comes here and contends that the district judge refused to exercise the jurisdiction vested in him by law. we think that a district judge who has appointed a guardian and directed him to file accounts should look into those accounts from time to time during the minority, but there is no obligation on the district judge when the minor has attained majority to review the accounts or to direct the guardian to render accounts afresh. the district judge has express power to direct the ex-guardian to hand over the possession of all papers and accounts which are in the guardian's possession to the ex-minor,.....
Judgment:

1. In this case a minor having attained age his guardian, who was his own brother, applied for his discharge. The District Judge granted the application and ordered the ex-guardian to deliver up possession of all accounts in his possession. The ex-minor contended that the learned District Judge was bound to go into all the accounts of the guardian during the time he acted as such. The learned District Judge held that there was no such duty imposed on him by law, and accordingly declined to go into the accounts. The ex minor Comes here and contends that the District Judge refused to exercise the jurisdiction vested in him by law. We think that a District Judge who has appointed a guardian and directed him to file accounts should look into those accounts from time to time during the minority, but there is no obligation on the District Judge when the minor has attained majority to review the accounts or to direct the guardian to render accounts afresh. The District Judge has express power to direct the ex-guardian to hand over the possession of all papers and accounts which are in the guardian's possession to the ex-minor, who Can then consider the accounts and take such steps as he may be advised in respect thereto. We reject the application with costs, including in this Court fees on the higher scale.


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