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Report No. 83

7.36. Section 34-Need for provision as to interest and for disallowing remuneration.-

We may first deal with a point of substance. There appears to be need for a provision conferring on the Court power to award interest. At present, there is no such power in the Court, even though the guardian has retained the money improperly beyond the period for which he should have retained it, or has failed to account for the money and such failure is deliberate.

The need for a power to award interest has been pointed out in a Madras case.1 On a careful consideration of the matter, we are of the view that such a power is needed. The justice of an order for the payment of interest in such circumstances is obvious. There should also be a power to disallow remuneration for failure on the part of the guardian to submit accounts Or to make payment in time.

1. Kasipathy v. Venugopal, AIR 1950 Mad 506 (507, 508) (Krishnaswami Naidu, J.).

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

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