- Author(s): V. R. Choudhari
- Publisher: Premier Publishing Company
- Edition: 2 Ed RP 2014
- Approx. Pages 722+Contents
- Delivery Time Normally 7-9 working days
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Description
Children are Nation's Wealth. Future of the nation depends on how its children grow and develop. The great poet Milton put it admirably when he said :
"Child shows the man as morning shows the day"
If a child is national asset, it is duty of the State to look after the child with a view to ensuring full development of its personality. The issues relating to child care, child welfare and child development have been attracting the attention of world community. Needless to point out that India's abiding interest of the welfare of children is an expression of country's commitment to the welfare of the children. Commitment embedded in the Preamble and various other Articles of the Constitution. The issue of child care and child development requires attention not only of legislatures, executives and Courts of law but also of the non-Governmental organizations, researchers, academicians and social activities etc. This book is being introduced to evolve ways and means that would adequately cater, protect, maintain the welfare, training, education and rehabilitation of the child. Entire book on this subject has been consolidated under the present need of the general public, busy lawyers and the Bench. Apart from the exhaustive and analyzed commentary on "The Guardians and Wards Act, 1890," an exhaustive and analyzed commentary on the Hindu Minority and Guardianship Act, 1956 has also been incorporated in this book. This book contains various other enactment on the law relating to children. Rules framed by the various High Courts under the Guardians and Wards Act, 1890 have also been introduced in appendices. So as to meet the ardent need of legal position prevalent in the present system of law, case laws have also been put under the main sections with comprehensive synopsis.
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Contents
Chapter I - Preliminary
1. Title, extent and commencement
2. [Repeal]- Rep. by the Repealing Act, 1938 (1 of 1938), Section 2 and Schedule
3. Saving of jurisdiction of Courts of Wards and Chartered High Courts
4. Definitions
Chapter II - Appointment & Declaration of Guardians
5. [Power of parents to appoint in case of European British subjects]
6. Saving of power to appoint in other cases
7. Power of the Court to make orders as to guardianship
8. Person entitled to apply for order
9. Court having jurisdiction to entertain application
10. Form of application
11. Procedure on admission of application
12. Power to make interlocutory order for production of minor and interim protection
of Persons and property.
13. Hearing of evidence before making of order
14. Simultaneous proceedings in different Courts
15. Appointment or declaration of several guardians
16. Appointment or declaration of guardian for property beyond jurisdiction of the court.
17. Matter to be considered by the court in appointing guardian
18. Appointment of declaration of collector in virtue of office
19. Guardian not to be appointed by the Court in certain cases.
Chapter III - Duties, Rights and Liabilities of Guardian
20. Fiduciary relation of guardian to ward
21. Capacity of minors to act as guardians
22. Remuneration of guardians
23. Control of Collectors as guardian
24. Duties of guardian of the person
25. Title of guardian to custody of ward
26. Removal of ward from jurisdiction
27. Duties of guardian of property
28. Powers of testamentary guardian
29. Limitation of powers of guardian of property appointed or declared by the Court
30. Void ability of transfer made in contravention of Section 28 or Section 29
31. Practice with respect to permitting transfer under Section 29
32. Variation of powers of guardian of property appointed or declared by the court
33. Right to Guardian so appointed or declared to apply to the Court for opinion in management
of property of ward
34. Obligation of guardian of property appointed or declared by the court
34A. Power to award remuneration for auditing accounts
35. Suit against guardian where administration-bond was taken
36. Suit against guardian where administration bond was not taken
37. General liability of guardian as trustee
38. Right of survivorship among joint guardians
39. Removal of guardian
40. Discharge of guardian
41. Cessation of authority of guardian
42. Appointment of successor to guardian dead, discharged, or removed
Chapter IV - Supplemental Provisions
43. Orders for regulating conduct or proceedings of guardians, and enforcement of those orders
44. Penalty for removal of ward from jurisdiction
45. Penalty for contumacy
46. Reports by Collectors and subordinate Courts
47. Orders appealable
48. Finality of other orders
49. Costs
50. Power of High Court to make rules
51. Applicability of Act to guardians already appointed by Court
52. [Amendment of Indian Majority Act]
53. [Amendment of Chapter XXXI of the Code of Civil Procedure]
Part II - The Hindu Minority and Guardianship Act, 1956
Sec. 1 - 13
Appendix - I -XXIII
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