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Report No. 83

7.15. Judicial decisions passed on constructive custody.-

The judicial decision which take the wider view1 have, at present, to rely on the doctrine of (constructive custody"-a doctrine which has received the indirect approval of the Supreme Court.2 While the wider view on the subject would seem to do substantial justice, the result has not been achieved without straining the present language to some extent. Indeed, this was admitted in one of the earlier Madras cases on the subject.3 It is perhaps for this reason that the Rangoon High Court,4 while not accepting the liberal construction, hinted at the need for legislative action.

1. Para. 7.14, supra.

2. Jacob v. Jacob, AIR 1973 SC 2090 (2098). See para. 7.16, infra.

3. Ibrahim v. Ibrahim, AIR 1917 Mad 612.

4. Manoo All v. Mawabi, AIR 1936 Rang 63 (64).

The Guardians and Wards Act, 1890 and Certain Provisions of the Hindu Minority and Guardianship Act, 1956 Back

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