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Judgment Search Results Home > Cases Phrase: hindu minority and guardianship act 1956 Court: gujarat Page 1 of about 22 results (0.072 seconds)

Jul 28 2000 (HC)

Jadav Prabhatbhai Jethabhai Vs. Parmar Karsanbhai Dhulabhai

Court : Gujarat

Reported in : AIR2001Guj118; (2001)1GLR16

..... -1953 executed by bhikhabhai lallubhai was without authority and not binding to the plaintiff. in fact the transaction which occurred was much prior to the date of operation of the hindu minority and guardianship act, 1956. the view and the conclusion recorded on this point by the trial court is, also, confirmed. (vi) that the plaintiffs are not entitled to any relief, and therefore, the ..... a bench of three judge in a recent judgment (dated august 10, 1999), has held that even in a case of alienation by de facto guardian after the introduction of hindu minority and guardianship act, 1956, and special reference to section 11, period of limitation for filing the suit as provided in article 60 would apply. in that case, the suit proceeded upon the basis ..... of land, created honestly, for the purpose of saving the estate or for the benefit of the title. by passage of time, the power of alienation came into existence in hindu law. before the hindu minority and guardianship act, 1956, came into force, the position of the natural guardian and de facto guardian was virtually identical, except in certain respects. after the ..... of the respondents and one virabhai nathabhai for consideration, and later on, said virabhai nathabhai relinquished his right thereunder in favour of the father of the present respondent, whereas, the hindu minority and guardianship act, 1956 was not brought in force. what was the proposition then would be the rights and liabilities of de facto guardian before the aforesaid .....

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Sep 24 2004 (HC)

Surabhai Ravikumar Minawala Vs. State of Gujarat

Court : Gujarat

Reported in : AIR2005Guj149; (2004)3GLR2709

..... this, under the relevant statute viz. hindu minority and guardianship act, 1956, section 6 has defined natural guardian of a hindu minor. '6. natural guardians of a hindu minor :- the natural guardians of a hindu minor, in respect of the minor's person as well as in respect of the minor's property (excluding his or her undivided ..... child. she has for that purpose placed reliance on the provisions of section 6 of the hindu minority and guardianship act, 1956 [hereinafter referred to as 'the act']. in the end she has prayed that appropriate writ of habeas corpus be issued against respondent no. 2 ..... to produce the minor child kiran before this court and direct him to hand-over the custody ..... interest in joint-family property), are - (a) in the case of a boy or an unmarried girl - the father, and after him, the mother provided that the custody of a minor ..... present. after mutual discussion the parties have agreed to the following interim arrangement :- respondent no. 2 will hand over custody of the minor child kiran to the petitioner today i.e. on 18th august, 2004. the petitioner will take the child alongwith her to bombay .....

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Oct 14 1960 (HC)

In Re: Krishnakant Maganlal

Court : Gujarat

Reported in : AIR1961Guj68; (1961)GLR108

..... to the petitioner to sell certain immovable property belonging to the joint and undivided hindu family consisting of himself, his wife and four children who are all minors. the order has been made by the learned district judge under section 8 of the hindu minority and guardianship act, 1956 (hereinafter referred to as the 'act'). the order is substantially in favour of the petitioner inasmuch as the petitioner ..... not include a step-father and a step-mother.' ***** '8(1) the natural guardian of a hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realisation, protection or benefit of the minor's estate; but the guardian can in no case bind the ..... that i will now proceed to examine the arguments advanced by mr. b. j. shelat.7. as the preamble suggests, the act is passed to amend and codify certain parts of the law relating to minority and guardianship among hindus. the act is thus a codifying enactment in respect of the subject-matter with which it deals. the question, however, is what is the ..... a court, and(iv) a person empowered to act as such by or under any enactment relating to any court of wards;(c) 'natural guardian' means any of the guardians mentioned in section 6.''6. the natural guardians' of a hindu minor, in respect of the minor's person as well as in respect of the minor's property (excluding his or her undivided interest .....

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Dec 28 2004 (HC)

Valjibhai Jagjivanbhai Vs. State of Gujarat

Court : Gujarat

Reported in : (2005)3GLR1852

..... the law of limitation, within reasonable time.10. the full bench of this court had also an occasion to deal with a null and void action or act taken under the provisions of the hindu minority and guardianship act, 1956 in the decision rendered in the case of jadav prabhatbhai jethabhai v. parmar karsanbhai dhulabhai reported in 2000 (3) g.l.h. p. 703. while deciding ..... in respect of a property which his de facto guardian, during the time when the appellant was a minor, had transferred. the case of the appellant was that such transfer was void ab initio being in contravention of section 11 of the hindu minority and guardianship act, 1956 and, therefore, a suit could be filed within 12 years of his attaining majority under article 65 read ..... with sections 6 and 8 of the limitation act, 1963.2. during the course of discussion, a question arose whether article 59 or article 60 ..... ) mohamad kavi mohamad amin v. fatmabai ibrahim has not been taken into consideration. over and above this, one cannot overlook the fact that in respect of section 11 of the hindu minority and guardianship act, in the case of madhegowda v. ankegowda [supra] the apex court has held that 'in view of the clear statutory mandate, there is little scope for doubt that any .....

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Aug 05 1985 (HC)

In Re: Prakash Navnitbhai

Court : Gujarat

Reported in : AIR1986Guj116; (1986)2GLR1041

..... to as 'the act') will apply. s. 4(a) of the act defines 'minor, according to which, a person who has not completed the age of eighteen years is ..... the subject of guardianship. s. 2 of the act states in explicit terms that the provisions of the act are supplemental to and are to be read as additional ..... to be amended and codified certain parts of the law relating to minority and guardianship among hindus and it is only in respect of the points and matter specifically dealt with in it that the law relating to minority and guardianship among hindus is codified in this enactment, i.e. the hindu minority and guardianship act, 1956. the enactment does not purport to give the whole law on ..... contained in the succession act where the minors person or property was in the hands of the guardian at the age of 18, his minority would, extend up to 21 years of age.5. on behalf of the petitioner it is contended that to the facts and circumstances of this case the provisions of the hindu minority and guardianship act, 1956 (no. 32 of 1956) (hereinafter referred .....

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Oct 09 2002 (HC)

Vijayaben Parshottam Kotak Vs. Parshottam Kotak

Court : Gujarat

Reported in : (2003)1GLR911

..... minor children.7. in support of his contention, mr. majmudar has relied on the decision of karnataka high court in the case of ..... daughter namely priti is studying at porbandar.4. the respondent has filed an application being misc. civil application no. 62 of 1997 under the provisions of section 7 of hindu minority and guardianship act, 1956 in the court of learned district judge, jamnagar. the said application was filed on 19-7-1997 praying for direction for custody of two ..... as that of the children, it should not be considered as a ground for handing over the custody of the minor children to the father. mr. majmudar has further submitted that the learned judge has not properly appreicated the provisions of section 6 of the hindu minority and guardianship act, 1956 as financial affluence cannot be the sole ground for allowing application for custody of ..... minor sons i.e, kanaiyalal and himanshu from the petitioner-wife. it was contended in the said application that two minor sons who are residing with the present petitioner, looking to their interest and welfare, it .....

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Mar 19 1999 (HC)

Patel Verabhai Kalidas Vs. State of Gujarat

Court : Gujarat

Reported in : I(2000)DMC431

..... as stated above this provision also endorses similar public policy and public interest.reference has also been made to some of the provisions of the hindu minority and guardianship act, 1956 and the guardian and wards act, 1890. in so far as age is concerned, section 4 provides for completion of 18 years as the age of attaining majority.some other provisions which will ..... law of the land. bearing in mind this proposition, section 6 of the hindu minority and guardianship act, 1956 has been canvassed. it would read as under:-'6. natural guardians of a hindu minor. - the natural guardians of a hindu minor, in respect of the minor's person as well as in respect of the minor's property (excluding his or her undivided interest in joint family property), are- ..... short period or for a longer period will assume importance as distinct from guardianship. ordinarily the remedy for custody of minor lies under the provisions of the hindu minority and guardianship act, 1956 read with the provisions of the guardians and wards act, but in exceptional cases right of parties to the custody of minor might be determined in a petition for habeas corpus. it would be ..... be either parent who would ordinarily be entitled to the custody of the minor girl. simply because the husband is named as a natural guardian u/s. 6 of the hindu minority and guardianship act, 1956, he cannot be ipso-facto said to be entitled to the custody of a married minor girl. his claim has got to be decided on the facts and circumstances .....

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Mar 19 1999 (HC)

P. Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : (1999)2GLR1422

..... as stated above this provision also endorses similar public policy and public interest.8.3 reference has also been made to some of the provisions of the hindu minority and guardianship act, 1956 and the guardians and wards act, 1890. insofar as age is concerned, section 4 provides for completion of 18 years as the age of attaining majority.8.4 some other provisions ..... law of the land. bearing in mind this proposition, section 6 of the hindu minority and guardianship act, 1956 has been canvassed. it would read as under:6. natural guardians of a hindu minor :- the natural guardians of a hindu minor, in respect of the minor's person as well as in respect of the minor's property (excluding his or her undivided interest in joint family property), are ..... short period or for a longer period will assume importance as distinct from guardianship. ordinarily, the remedy for custody of minor lies under the provisions of the hindu minority and guardianship act, 1956 read with the provisions of the guardians and wards act, but in exceptional cases right of parties to the custody of minor might be determined in a petition for habeas corpus. it would be ..... be either parent who would ordinarily be entitled to the custody of the minor girl. simply because the husband is named as a natural guardian under section 6 of the hindu minority and guardianship act, 1956, he cannot be ipso-facto said to be entitled to the custody of a married minor girl. his claim has got to be decided on the facts and .....

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Jan 28 1991 (HC)

Ambalal Shankarbhai Patel Vs. Union of India (Uoi)

Court : Gujarat

Reported in : (1992)2GLR1317

..... personal law. in such a case a person who desires to adopt and claims to be a natural guardian by virtue of the provisions of section 7 of the hindu minority and guardianship act, 1956. it will have to establish his right and the validity of adoption by getting a declaration that he has become the natural guardian of the ..... then not be justified in overlooking the provisions of section 7 of the hindu minority and guardianship act, which provide that, a natural guardianship of an adopted son, who is minor, passes, on adoption, to the adoptive father and after him to the adoptive mother. the provisions of section 7 of the hindu minority and guardianship act, 1956, are a necessary corollary to the provisions of section 12 of the ..... hindu adoptions and maintenance act which, inter alia, provide that an adopted child is demand to be the child of his or her adoptive father or mother ..... 13(2) of the hindu minority and guardianship act that, no person shall be entitled to the guardianship by virtue of the provisions of this act or of any law relating to guardianship in marriage among hindus, if the court is of the opinion that his or her guardianship will not be for the welfare of the minor. the provisions of the hindu minority and guardianship act, 1956, are in addition to .....

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Sep 13 2013 (HC)

Neha Bina Ramani Vs. State of Gujarat and Another

Court : Gujarat

..... for the petitioner has stated the it is clear violation of article 14 as well as provisions of hindu minority and guardianship act and guardians and wards act, 1890. he submitted that section 6 of the hindu minority and guardianship act,1956, provides that the custody of the minor child who has not completed the age of five years was with the mother, the natural guardian of ..... considered whether the present petition can be entertained or not. 8. as it transpires from the relevant records, the guardian and natural guardian as provided in the hindu minority and guardianship act, 1956 required to be considered. the emphasis by learned agp shri bhatt that the word of statute has to be accepted and the doctrine of a verbis legis ..... a stepmother.? it is therefore contended that the interpretation of the law in a beneficial way, which is not permissible. as per the existing provisions of the hindu minority and guardianship act, 1956, which specifically consider the father is a natural guardian. learned agp shri bhatt has submitted that unless and until the exemption or the ground as provided are fulfilled ..... and until it will satisfy the test prescribed under section 6 of the hindu minority and guardianship act, 1956, which has also been reproduced here-in-below: section 6: natural guardian of a hindu minor the natural guardians of a hindu minor, in respect of the minors person as well as in respect of the minors property (excluding his or her undivided interest in joint family property), .....

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