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Report No. 83

4.4. Section .-

Instances of High Court's jurisdiction.-Some instances of the power of the High Court, which is saved by section 3, may be mentioned-

(a) special power to appoint a guardian for an infant or his "estate"-which includes a minor's interest in undivided property;1

(b) power to appoint a guardian even where there is no property, if a proper case in made out for such an appointment;2 and

(c) power to appoint a guardian for an infant residing abroad3 (in view of sections 41-42 of the Supreme Court Charter).

1. (a) Lovejoy (in re:), AIR 1941 Cal 433. (b) Vasudevnn (in re:), AIR 1949 Mad 260.

2. Jagannath Romji (in re:), 1893 ILR 19 Born 96 (98) (Starling, J.).

3. The Estate of H.G. Meakin (in re:), ILR 21 Born 137 (minor residing in England); contrast jairam Lawman, ILR 16 Born 634.



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




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