Court : Delhi
Reported in : 2003IVAD(Delhi)554; 105(2003)DLT380; 2003(69)DRJ587
..... of the district judge, but can exercise them concurrently.7. it is firmly established by statute and precedents that the father of a hindu minor is the preeminently natural guardian, to the exclusion of the mother. section 6 of the hindu minority and guardianship act, 1956 enunciates that the natural guardian of a hindu minor is the father, and after him, the mother, provided that the custody of a ..... decline to exercise its discretionary powers and instead point the parties in the direction of the guardian judge in the district court. the guardian and wards act, 1890 (act, for short) states in its preamble that is - ' an act to consolidate and ... amend the law relating to guardian and wards'. section 3 specifically states that none of its provisions should be construed to effect ..... ) the judge of a district court may at any stage transfer to his own court or to any officer subordinate to him empowered under sub-section (1) any proceeding under this act pending in the court of any other such officer.(4) when any proceedings are transferred under this section in any case in which a guardian has been appointed or declared ..... studying in the kodaikanal international school. 2. the above orders have been followed in spirit by shri sukhdev singh, additional district judge, delhi in terms of his order dated 28.1.2003 whereby the defendant (who is the mother of the children and wife of the plaintiff) was permitted to meet the children as per the school regulations. the plaintiff was .....Tag this Judgment!
Court : Supreme Court of India
..... guardianship act, 1956 and section 19(b) of the guardian and wards act, 1890. a contention was raised that the said provision violated articles 14 and 15 44 (1985) 4 scc 71 45 (1971) 3 all er 237 : (1971) 1 wlr 1381 of the constitution. section 6(a) of the hmg act reads as follows:60. /p> 6. natural guardians of a hindu minor. the natural guardian of ..... and sexual abuse of children are heinous crimes and need to be effectively addressed .18. the purpose of referring to the statement of objects and reasons and the preamble of the pocso act is to 20 appreciate that the very purpose of bringing a legislation of the present nature is to protect the children from the sexual assault, harassment and exploitation, and ..... the words as the legislature have given them, and to take the meaning which the words given naturally imply, unless where the construction of those words is, either by the preamble or by the context of the words in question, controlled or altered; and, therefore, if any other meaning was intended than that which the words purport plainly to import, then ..... reporting, recording of evidence, investigation and trial of offences and provision for establishment of special courts for speedy trial of such offences.5. ..6. ..7. .. 17. the preamble of the pocso act reads thus: an act to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of special courts for trial of such offences and for matters .....Tag this Judgment!
Court : Delhi
..... required by section 41.? 61. section 3 of the indian majority act, 1875 defines 18 years to be the age of majority. section 4 of the hindu minority and guardianship act, 1956 w.p. (crl) 1804 of 2017 page 23 of 73 (?hmga ) defines a minor as ?a person who has not completed the age of eighteen ..... have dictated to her where, with whom and how she should live.62. the constitution of india implicitly recognizes the right to full personhood. the preamble expressly recognized the right to dignity of an individual. article 21 guarantees to all persons the right to life and personal liberty and protects every person ..... was more than 23 years old. admittedly, her date of birth is 21st january 1994. section 41 (1) of the guardians and wards act, 1890 (?gwa ) provides that the powers of the guardian automatically cease upon the minor ceasing to be as such. in mt. naima khatun v. basant singh air1934all 406, it was ..... 2017 page 40 of 73 94. for the purposes of the said admission, the following conditions are required to be fulfilled in terms of section 19 (1) mha: (i) an application is to be made on behalf of such person who is sought to be admitted, by a relative or friend of such person. ..... psychiatric nursing home as an in-patient for a period exceeding ninety days except in accordance with the other provisions of this act. (2) every application under sub-section (1) shall be in the prescribed form and be accompanied by two medical certificates, from two medical practitioners of whom one shall .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Mumbai
..... was made seeking permission of the court to lease the property at harnala to pseb. the copy of the order dated 27-1-1977 was produced before the commissioner (appeals ..... 1,52,18,000 was held to be taxable. during the course of second round of appellate proceedings the assessee clarified that at the time when the property was leased to pseb, the assessee was a minor and an application to the hon'ble court of district judge, bangalore under the hindu minority and guardianship act, 1956 ..... period of fifty years, fetches a lump sum of rupees one lakh as advance of lease amount is beneficial to the interest of the minors. therefore, i am satisfied....the copy of the lease agreement is filed at pages 19 to 27 of the paper book and the copy of the ..... martand singh mahindra were the owners of the property at harnala which was leased to pseb as per lease agreement dated 28-3-1977. the preamble of the lease provided as under: whereas the lessee has undertaken to occupy and take on lease the property known as harnala complex owned by ..... under: more particularly described in the schedule and plan attached hereto for the purpose of construction in connection with pseb works.the assessee being a minor at the relevant time of execution of lease agreement permission was sought from district judge at bangalore to enter into the lease agreement. the .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1986Guj116; (1986)2GLR1041
..... because the preamble of the act clearly shows that it is intended 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 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 ..... 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 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 ..... additional to and not in derogation of those contained in the guardians and wards act of 1890 .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1971Kant194; AIR1971Mys194; (1971)1MysLJ159
..... . i find it unnecessary to discuss the judgments of various high courts taking different views in the matter as the question now is only of an academic interest subsequent to the coming into force of the hindu minority and guardianship act, 1956.9. the hindu minority and guardianship act, 1956, came into force on the 25th of august, 1956. as the preamble of the said act indicates, ..... it is an act to amend and modify certain parts of the law relating to minority and guardianship among hindus. section 5 of the said act provides that save as otherwise expressly ..... provided in the act, any text, rule or interpretation of hindu ..... into by the natural guardian of the plaintiff who is a hindu minor on the 12th of october, 1932, long after the hindu minority and guardianship act came into force. in view of section 8(1) of the act, the natural guardian of the plaintiff, who is a hindu minor, had competence to enter into the contract to purchase the immovable .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1981All86
..... civil procedure apply to hindus as well as non-hindus and we see no justification for interpreting section 11 of the act in a manner which would render a notice issued under section 3 (1) (a) by an agent of a hindu minor illegal or a suit by a next friend other than the natural guardian invalid but have different legal consequences in the ..... the 25th august, 1956. we have to construe the provisions of the act in the historical background of the existing exposition of the hindu law by commentators on the subject and the pronouncements which were till then binding and prevailing. the preamble to the act discloses that it is 'an act to amend and codify certain parts of the law relating to minority and guardianship among hindus'. it ..... :-- 'whether the giving of a notice of demand under section 3 (1) (a) of the u. p. (temporary) control of rent and eviction act 1947, on behalf of a landlord, who is a hindu minor (aged over, 5 years) by the mother of the minor amounts to a dealing with the property of a hindu minor, and whether the giving of such a notice will be a ..... unreservedly to the question referred is that, 'in the circumstances of the case, giving of a notice of demand under section 3 (1) (a) of u. p. act iii of 1947 on behalf of the landlord, who was a hindu minor (aged over five years) by his mother did not amount to dealing with his property within the meaning of section ll of the .....Tag this Judgment!
Court : Supreme Court of India
..... been codified to a large extent on the basis of constitutional principles of equality. the hindu marriage act, 1955 codifies the law on the subject of marriage and divorce. the hindu succession act, 1956 codifies the law relating to intestate succession. the hindu minority and guardianship act, 1956 codifies the law relating to minority and guardianship among hindus. the 1956 act is also a part of the scheme of codification of laws. once the ..... share in the agricultural lands of village jeeran, kuchrod and arnya barona, barring the lands already given to dhapubai under gift deed dated 29.11.1944. each of the party i.e. ghisalal and dhapubai through her successors have half share in the house property situate at village jeeran. the property, already sold by dhapubai to the defendant no.3 sundarbai ..... the requirement of wife's consent in the proviso to section 7 and by conferring independent right upon a female hindu to adopt a child, parliament has tried to achieve one of the facets of the goal of equality enshrined in the preamble and reflected in article 14 read with article 15 of the constitution.20. the term `consent' used in the ..... proviso to section 7 and the explanation appended thereto has not been defined in the act. therefore, while interpreting these provisions, the court shall have to keep in .....Tag this Judgment!
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 which will ..... that it would be certainly in her interest and for her welfare to continue her with the aforesaid institution with appropriate directions.20. in the result, we pass following order:i. the minor girl (***), daughter of the petitioner shall be continued in the custody of nari vikas gruh, paldi, ahmedabad, through its secretary/ superintendent or any other responsible officer as per our ..... be visualized from the statements and objects that the indian majority act was intended to prolong the period of non-age in the case of hindus as well as other sections of crown and attain uniformity and certainty respecting the age of majority. this can well be noticed from the preamble which reads : 'whereas, in the case of persons domiciled in india ..... it is expedient to prolong the period of non-age and to attain more uniformity and certainty respecting the age of majority than now exists; it is hereby enacted as follows'. it is nodoubt true that section 2 relating to 'saving' says that nothing in the act shall .....Tag this Judgment!
Court : Supreme Court of India
..... of gender. the learned attorney general also cited, githa hariharan v. reserve bank of india31, wherein this court had the occasion to interpret the provisions of the hindu minority and guardianship act, 29 30 31 110 1956. it was submitted, that this court in the above judgment emphasized the necessity to take measures to bring domestic law in line with international conventions, so as to ..... be construed accordingly; (1a)a wife may also present a petition for divorce to the district court on the ground, (i) guilty of rape, sodomy or bestiality; (ii)that in a suit under section 18 of the hindu adoptions and maintenance act, 1956 (78 of 1956), or in a proceeding under section 125 of the code of criminal procedure, 1973 (2 of 1974) (or under ..... culture, but would rather preserve it. relevant extracts of the aforesaid judgment relied upon during the course of hearing, are reproduced herein below:113. /p> 21. the constitution through its preamble, fundamental rights and directive principles created secular state based on the principle of equality and non-discrimination striking a balance between the rights of the individuals and the duty and ..... the courts in india.32. article 14 of the constitution of india is a facet of equality of status and opportunity spoken of in the preamble to the constitution. the article naturally divides itself into two parts- (1) equality before the law, and (2) the equal protection of the law. judgments of this court have referred to the fact that the equality .....Tag this Judgment!