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Showing posts with label Minor. Show all posts
Showing posts with label Minor. Show all posts
Tuesday, 26 May 2026

Can a Tractor Owner Be Convicted for Homicide When a Minor Drives and Causes Death? Criminal Acquittal, MV Act Liability, and the Widow’s Compensation Claim

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 A tractor owner who permits a minor to drive is not automatically liable for conviction under Section 304 of the Indian Penal Code merely b...
Monday, 11 May 2026

Supreme Court: On which ground, the court can order revocation of Succession certificate?

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Section 372 of the Indian Succession Act, 1925 governs applications for grant of succession certificates, whereas Section 383 provides for r...

Supreme Court: Order IX Rule 13 CPC Application Not Barred By Dismissal Of Appeal Against Ex-Parte Decree

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  The Supreme Court on Wednesday (April 1) observed that the filing of an appeal against an ex-parte decree would not bar the filing of an a...

Supreme Court: What is distinction between jurisdiction of court under Section 96 of CPC vs. Order 9 Rule 13 of CPC?

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  The settled principle of law is that the scope of proceedings under Section 96 of the Code of Civil Procedure and Order IX Rule XIII CPC a...
Sunday, 12 October 2025

Delhi HC: Forcible removal of minor child by parent to new place doesn’t make that place an ordinary residence

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 A reading of the above would show that, for invoking the jurisdiction of the Family Court under the G&W Act, it has to be shown that th...
Thursday, 9 October 2025

Supreme Court: Minor Can Repudiate Guardian's Voidable Sale Through Conduct After Attaining Majority, Not Necessary To File Suit

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 The above discussion leads us conclusively to hold that it is not always necessary for a minor to institute a suit for cancellation of a vo...
Monday, 10 February 2025

Supreme Court: Sessions or Pocso Courts Must Order Victim Compensation or interim compensation In Cases Of Sexual Offences Against Minors And Women

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 In the circumstances, we direct that a Sessions Court, which adjudicates a case concerning the bodily injuries such as sexual assault etc. ...
Saturday, 31 August 2024

Bombay HC: An adult member can sell the Minor's undivided interest in joint family property if it is for legal necessity

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Hindu Minority and Guardianship Act (1956), Ss.6,8,12 - Minor's undivided interest in joint family property - Sale of minor's share ...
Sunday, 31 December 2023

Whether Karta Of Hindu Undivided Family Can Alienate HUF Property Even If Minor Has Undivided Interest In It?

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The position on the rights of a Karta vis-à-vis an HUF property is well settled. This Court in Sri Narayan Bal v. Sridhar Sutar1 has held th...
Friday, 15 December 2023

Supreme Court: Sale Of Minor's Property By Guardian Can Be Avoided Only By Filing Suit To Set Aside Deed Within Period as mentioned Under Art.60 of Limitation Act

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  We may notice one more judgment of this Court relied on by the learned counsel for the appellants that is G. Annamalai Pillai vs. Distric...
Thursday, 14 December 2023

What are powers and limitations of natural guardian of a Hindu minor ?

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S   6 of Hindu Minority and Guardianship Act:- Natural guardians of a Hindu minor .—The natural guardians of a Hindu minor, in respect of th...
Saturday, 28 January 2023

Whether Insurance Company can recover MACT Compensation Amount from Father of Minor Driver?

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 In the light of these findings, I am of the view that the learned Tribunal was justified in not accepting the appellant’s version that the ...
Sunday, 27 November 2022

Whether the police can register an offence against a child nine year old in respect of accident?

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  Central Government Act Section 83 in The Indian Penal Code 83. Act of a child above seven and under twelve of immature understanding. —Not...
Tuesday, 29 March 2022

Whether Parents Can Give Consent On Behalf Of Minor Victim To Compromise Sexual Offence?

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 I t is also  settled that offences which involve moral turpitude and grave offences like rape,  murder etc. even if compromised cannot be q...
Saturday, 19 February 2022

Whether Karta of a joint Hindu family must obtain the permission of the court for disposal of immovable property involving an undivided interest of the minor?

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  A conjoint reading of the provisions contained in sections 6, 8 and12 of the Act, indicates that natural guardian of the property of  Hind...
Saturday, 10 April 2021

Whether application for declaration and injunction about the minor's property is maintainable before the High court in the absence of guardianship petition?

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This scheme of law indicates that what lies before a court, other than a  family court under Section 7 of the Family Courts Act, is an appli...

Whether High court can entertain petition for appointment of guardian of person of the minor in its original jurisdiction at Mumbai?

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   The judgment of the Full Bench leaves no room for doubt that the High Court must be considered as a District Court for the purposes of th...
Saturday, 25 July 2020

Whether a father taking away a minor child from the custody of the mother can be held guilty for the offence of kidnapping?

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Therefore what we have proved in this case is that the child was in the keeping of his mother who was a lawful guardian within the mea...
Friday, 7 February 2020

Guidelines of Supreme Court for protection of money paid to victim of motor accident

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The tribunal while awarding the compensation had stated that the amount payable to the share of Kajal would be kept in a Fixed Deposit...
Saturday, 11 January 2020

Whether purchaser of immovable property is bound to make enquiry whether seller is minor or suffering from legal disability?

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 Once it is proved that the plaintiff was a minor at the time of execution of the sale deed, the sale deed cannot be held to be a legal an...