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Report No. 83

4.2. Section 2.- Section 2 has been repealed.

4.3. Section 3.-

Section 3 saves the jurisdiction of Courts of Wards and High Courts. Court of Wards are now regulated mostly by provincial or State legislation, wherever such legislation still exists. The need for saving the jurisdiction of I sigh Courts arose from the fact that the letters patent or charter of certain High Courts confers special jurisdiction on those High Courts in regard to guardianship. This jurisdiction is not exercisable by other High Courts.

We shall have occasion to deal with this jurisdiction in detail, at the appropriate place.1 It may incidentally be mentioned that the jurisdiction of High Courts has been specifically saved by a provision of the Hindu Minority and Guardianship Act also.2

1. See discussion relating to section 7, infra (para. 6.12).

2. Section 12, proviso, Hindu Minority and Guardianship Act, 1956.

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

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