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Report No. 83

7.41. Amendment of section 34(d) recommended.-

Whatever be the true construction of the present wording of clause (d), we are of the opinion that it will be in the interests of justice to expand the scope of the expression "balance due" in the context under consideration. We may mention that in the Madras case,1 a hint as to need for amendment of the section was given.

We therefore recommend that in section 34, at the end of the clause (d), the words "and also the additional balance found due by the Court on an examination of the accounts, though not shown in the accounts exhibited by him, or so much thereof as the Court directs" should be added. An appeal may be provided against the order2 under section 34(d), in view of its important.3

1. Gopalaswamy v. Ramayya, AIR 1944 Mad 397 (398).

2. Cf. Radha Krishan v. Khashy Ram, (1921) 67 IC 309, cited in AIR 1926 Had 478.

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

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