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Judgment Search Results Home > Cases Phrase: hindu minority and guardinship act 1956 Page 1 of about 803 results (0.065 seconds)

Sep 04 1981 (HC)

Smt. Pushpa Devi Vs. Kishanlal

Court : Rajasthan

Reported in : 1981WLN(UC)304

..... will not be irrelevant to notice section 6 of the hindu minority and guardianship act, 1956 (for short 'the act of 1956') dealing with natural guardian of a hindu minor, material portion of which is as under;section 6 natural guardians of a hindu minor-the natural guardians of a hindu minor, in respect of the minor's person as in respect of the minor's property (excluding his or her undivided interest to ..... -(1) in the appointment or declaration of any person as guardian of a hindu minor by a court, the welfare of the minor shall be the paramount consideration.(2) no person shall be entitled to the guardianship by virtue of the provisions of this act or of any law relating to guardinship in marriage among hindus, if the court is of opinion that his or ..... her guardianship will not be for the welfare of the minor.the learned district judge has carefully scrutinised the evidence of the parties and, thereafter, held ..... that it is in the interest and welfare of the minor omprakash to order the return of his .....

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May 27 1973 (HC)

Asha Wadhwa Alias Indu Vs. Prithvi Raj Wadhwa

Court : Delhi

Reported in : 9(1973)DLT496; 1974RLR121

..... means that the father can show special circumstances as to why the rule should oat be followed and as an exception the custody of the minor should not be given to the mother. curiously, the hindu minority and guardianship act, 1956 does not provide for a specific procedure for the enforcement of the right of the mother. this difficulty, however, is not insuperable. the ..... made by the mother for the custody of the minor under lection 6(a) of the hindu minority and guardianship act, 1956. section 26 of the hindu marriage act, 1955 provides only for an interim order just as section 12 of the guardians and wards act, 1890 does ob the contrary, section 6(a) of the hindu minority and guardianship act, 1956 is not concerned with and interim order at all ..... be blamed for trying to combine section 12 of the guardians and wards act,.1890with section 6(a) of the hindu minority and guardianship act, 1956. she did so because of the somewhat unclear legalpostion pointed out above. (5) section 2 of the hindu minority and guardianship act, 1956 says that the provisions of the said act shall be in addition to, and not, save as hereinafr expressly provided ..... and a half year old son of the parties the application was also to be considered under section 6(a) of the hindu minority and guardianship act, 1956. the application was dismissed by the trial court mainly on the ground that the minor was born when the mother was very ill and bad, thereforee, to be brought up by the father with the effect .....

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Feb 14 1969 (HC)

Chander Prabha Vs. Prem Nath Kapur

Court : Delhi

Reported in : AIR1969Delhi283; ILR1969Delhi291

..... to the settled legal position and he seems to have missed the real point which demands consideration in such cases. the hindu minority and guardianship act no. 32 of 1956, designed to amend and codify certain parts of the law relating to minority and guardianship among hindus, which, in case of inconsistency, overrides all other laws, is otherwise supplemental to the guardians and ..... wards act no. 8 of 1890 and its provisions must prima facie govern the present case. section 6 of this act, which reads 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- (a) in ..... tutelage, they have a special responsibility in seeing that the welfare of the minor does nto suffer.all provisions of law pertaining to the appointment of guardians of minors and to their custody, whether contained in the hindu minority and guardianship act or in the guardians and wards act, both of which acts have to be read together, as provided by section 2 of the .....

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Feb 13 1963 (HC)

V.N. Swaminathan Vs. Angayarkanni Ammal and ors.

Court : Chennai

Reported in : AIR1964Mad11

..... court for discharging the first and second respondents from joint personal guardianship on the ground that the provision in the indian majority act, 1875, regarding minority is superseded by the specific provision in section 5(b) of the hindu minority and guardianship act, 1956, and that notwithstanding the fact that the court guardians of his person were appointed, he has on his completion of 18 years ..... of a minor, namely, that he is a person who has not completed the age of 18 years ..... to appoint a guardian for the person of a minor is contained in section 7 of this act. section 41(l)(c) provides that the powers of a guardian of a minor shall cease by the ward ceasing to be a minor. the hindu minority and guardianship act 1956, came into force in august 1956 which has application to a hindu. this act also contains vide section 4(1) a definition ..... . then comes section 5, which provides for the overriding effect of the act. the section reads :'save .....

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Apr 06 1984 (HC)

Suresh Babu Vs. Madhu

Court : Chennai

Reported in : AIR1984Mad186; (1984)1MLJ381

..... . on the other hand, the learned counsel for the respondent would draw a distinction between guardianship and custody based on the provisions of section 6 of the hindu minority and guardianship act, 1956 and submit that though the appellant may be the natural guardian, there is a statutory preference of the mother with refer the custody of the infants below five ..... section 5(a) and (b) were thus intended to make provision. for the over riding effect of the provisions of the hindu minority and guardianship act, 1956.section 6 proceeds to enumerate who the natural guardians of hindu minor in respect of minor's person or property (excluding his or her undivided interest in joint family property) are. in the case of a boy or ..... in this case 'are hindus and they would be governed by the provisions of guardians and wards act, viii of 1890 along with the provisions of the hindu minority and guardianship act, 32 of 1956. under s. 2 of the hindu minority and guardianship act, the provisions of that act have been declared to operate in addition to and not, except as expressly provided, in derogation ..... of the provisions of the guardians and wards act. section 4(b) of the hindu minority and guardianship act defines a '.guardian' as meaning .....

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Jul 29 1976 (HC)

Amirtha Kudumban Vs. Sornam Kudumban

Court : Chennai

Reported in : AIR1977Mad127

..... the avowed intention of the legislature, when it comes to a question of "which is to be master, sec. 6(e) of the transfer of property act or sec. 8(3) of the hindu minority and guardianship act, 1956?"--the former must necessary yield to the latter under the compulsive rule of interpretation declared by sec. 8(3) the full force and effect of the ..... principle of the law obtaining on the subject, both before and after the commencement of the hindu minority and guardianship act, 1956.20. at this stage, we may refer to section 5 of the hindu minority and guardianship act, 1956, which clearly lays down that any text, rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement ..... any one claiming under him' this restricted meaning. the reason suggested for this restricted interpretation was that sec. 8(3) of the hindu minority and guardianship act, 1956 must be construed in harmony with sec. 6(c) of the transfer of property act. we doubt whether there exists any cannon of 'harmonious' construction, which extends the scope of the court's inquiry beyond the confines ..... alienation has to be determined on the basis of the relevant provisions of the hindu minority and guardianship act, 1956--central act no. 32 of 1956,--which had come into force on 25-8-1956. the act applied to the alienations now in question. the alienation was on 21-10-1959, after the act came into force.6. the legislature had avowed brought this measure with a view .....

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Apr 02 1998 (HC)

N. Palanisami Vs. A. Palaniswamy

Court : Chennai

Reported in : AIR1998Mad264; 1998(3)CTC158

..... ) the court shall not appoint or declare any person to be a guardianagainst his will.' as per section 6 of the hindu minority and guardianship act, 1956, the natural guardian of a hindu minor in respect of minor's person as well as in respect of minor's property; in case of an unmarried girl is the father. the disqualification prescribed under the said section is (a) ceasing ..... hindu minority and guardianship act, 1956 have made the provisions of the guardians and wards act, 1890, applicable in such a case. since there is no provision in the hindu minority and guardianship act, 1956 only the provisions in the guardians and wards act, 1890, which are inconsistent or derogation of the provisions of the hindu minority and guardianship act, 1956 are made ineffective. further section 2 makes it clear that the hindu minority and guardianship act, 1956 ..... is in addition to the guardians and wards act, 1890. 10. even under the guardians and wards .....

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Feb 17 1999 (SC)

Ms. Githa Hariharan and anr. Vs. Reserve Bank of India and anr.

Court : Supreme Court of India

Reported in : AIR1999SC1149; 1999(2)ALLMR(SC)416; 1999(2)ALT1(SC); 1999(1)BLJR777; [1999]95CompCas913(SC); 1999(1)CTC481; I(1999)DMC337SC; [1999]236ITR380(SC); JT1999(1)SC524; (1999)IIML

..... constitution, the basic structure of which permeates equality of status and thus negates gender bias and it is on this score, the validity of section 6 of the hindu minority and guardianship act of 1956 has been challenged in the matters under consideration, on the ground that dignity of women is a right inherent under the constitution which as a matter of fact stands ..... is needless to state that even before the passing of the hindu minority and guardianship act, 1956 (act 32 of 1956), the mother is the natural guardian after the father. the above act came into force on august 25, 1956 and under section 6 the natural guardians of the hindu minor in respect of minor's person as well as minor's property are the father and after him the mother. the ..... needless to state that even before the passing of the hindu minority and guardianship act 1956 (act 32 of 1956), the mother is the natural guardian after the father. the above act came into force on august 25, 1956 and under section 6 of the natural guardians of a hindu minor in respect of the minor's person as well as the minor's property are the father and after him the ..... filing of this writ petition by the two petitioners with prayers to strike down section 6(a) of the hindu minority and guardianship act, 1956, (hereinafter referred to as hmg act) and section 19(b) of the guardian and wards act, 1890 (hereinafter referred to as gw act) as violative of articles 14 & 15 of the constitution and to quash and set aside the decision of the .....

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Sep 06 1991 (HC)

Dhanasekaran Vs. Manoranjithammal and Others

Court : Chennai

Reported in : AIR1992Mad214; (1992)IIMLJ116

..... is concerned and for partition and separate possession of the said share. the question to be answered is whether the said sale is hit by s. 8 of the hindu minority and guardianship act, 1956 since admittedly the plaintiff's mother did not obtain the previous permission from the court as contemplated in the said section, and consequently whether the plaintiff could avoid the ..... plaintiff was joint family property simpliciter).10. in the above referred to : air1983kant222 it has been held that when the mother manages the family property of the minor son, section 11 of the hindu minority and guardianship act, 1956 is not attracted and that, therefore, she can validly alienate it for family necessity or benefit, without obtaining permission of the court under s. 8 of ..... even for necessity or for benefit. the distinction that obtained under the general hindu law between the separate property of a minor and his undivided coparcenary interest is kept up also under the provisions of the hindu minority and guardianship act of 1956. section 6 of that act which defines a natural guardian excludes minor's undivided interest in a joint family property from the operation of that .....

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Sep 12 1977 (HC)

Arun Kumar and ors. Vs. Smt. Chandrawati Agrawal and ors.

Court : Allahabad

Reported in : AIR1978All221

..... been executed by gaya prasad without obtaining the permission of the district judge and, as such, it was in violation of the provisions of section 8 of the hindu minority and guardianship act no. 32 of 1956. the plaintiffs claimed that the sale-deed be declared to be invalid and they be given possession of the house and compensation as well.2. the suit ..... permission of the district judge to sell their interest in the coparcenary property. the relevant sections of the hindu minority and guardianship act, 1956 are reproduced below:'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 in joint family property), are-- (a) in the case of ..... singh who was father's brother of minors raghuraj singh, jagdish, munna and lachcho, was not competent to enter into a contract with regard to the estate of the ..... entitled to enter into such a contract on behalf of the minor sons of his brother chaudhary gangadhar singh, and that such contract was not enforceable against the minors. in support of this sub-mission, reliance has been placed on section 8 and section 11 of the hindu minority and guardianship act (no. 32 of 1956). it has been point ed out that shri ram babu .....

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