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Report No. 83

6.12. Jurisdiction of High Courts.-

The Chartered High Courts have an independent power to appoint a guardian-the power derived from the Charter of the Supreme Court1 (sections 41 and 42), which gave that Court the powers of the Court of Chancery; especially, the power "to appoint guardians. and keepers for infants and their estates". Section 9 of the High Courts Act, 1861 continued this power of the Supreme Court to the High Court. Sections 3 and 6 of the Act of 1890 preserved the pre-existing powers of High Courts.2

1. See para. 6.12, supra.

2. See-

(a) Raja of Vizianagaram v. Secretary of State, AIR 1937 Mad 51;

(b) Sham Kum- v. Mohanunda, 1892 ILR 19 Cal 301.

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

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