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Report No. 83

6.19. Observations in Madras case.-

In the Madras case1 where conditional orders were described as "suspensory" orders, the following observations were made:-

"The mischief of these suspensory orders, apart altogether from the question as to whether they are legal or invalid, is that the matter goes before the Judge who makes these suspensory orders and then the papers go into the office where it is nobody's business to see what is being done about it.

The order is not complied with, and then somebody finds out that the minor, whom it was desired to protect, has attained his majority, and the Court is powerless because the guardian has failed to carry out its directions and the Court has kept no control over the matter by reason of the nature of the order so as to summon the guardian and ask him: 'Why have you not furnished the security?'."

1. Natha Venkatesa Perumal (in re:), AIR 1927 Mad 36 (37).

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

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