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Report No. 79

Appendix 4

Jurisdiction of The High Court under Guardians and wards Act, 1890

Definition of District.- Section 2(4) of the Guardians and Wards Act, 1890 defines the expression "District Court" it has the same meaning as assigned to it in the Code of Civil Procedure, and includes a High Court in the exercise of its ordinary original civil jurisdiction. According to section 2(4) of the Code of Civil Procedure, "district" means the local limits of a Principal Civil Court of original jurisdiction, and includes the local limits of the ordinary original civil jurisdiction of a High Court. Nature of the powers to be exercised by the Court under various sections of the Guardians and Wards Act, 1890, can be gathered from the following illustrative list:-

Section 9: Court having jurisdiction to entertain application with respect to the guardianship of the person of a minor as also guardianship of the property.
Section 14(2): If simultaneous proceedings are being held in different courts, the High Court shall determine which court shall deal with the matter.
Section 25: Title of guardian to custody of ward.
Section 26: Removal of ward from jurisdiction.
Section 29: Limitation of powers of guardian. He shall not mortgage or sell or lease the property without the previous permission of the court.
Section 31: Practice with respect to permitting transfers under section 29.
Section 32: Variation of powers of guardian appointed by the court.
Section 33: Right of the guardian so appointed to apply to the court for opinion in respect of management.
Section 34A: Power to award remuneration for auditing accounting.

Sections 44 and 45 of the Act are penal sections

Section 47 provides for appeal to the High Court from decisions of the District Court under the Act.



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