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Guardian and Wards Act, 1890,  Section 26  – Relocation  – We take serious note of the Father, without notifying or taking the permission of the Civil Judge, leaving its jurisdiction along with the minor  – Prima facie this undermines the authority of the court and it may even tantamount to contempt of court

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HMA – COI Art. 142 – Transfer Petition – Irretrievable breakdown of marriage – Mutual consent divorce granted. [2023 SCeJ 0234]

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NIA S. 138 – Conviction – courts should, unless there are special circumstances, in all cases of conviction, uniformly exercise the power to levy fine upto twice the cheque amount keeping in view the cheque amount and the simple interest thereon at nine per cent per annum [2014 PLRonline 0208 (SC)]

Criminal Trial –  Circumstantial evidence –  Chain of evidence must be so complete as to not leave any reasonable grounds for a conclusion consistent with the innocence of the accused; the accused ‘must be’ and not merely ‘may be’ guilty, before the Court can convict.  [2023 SCeJ 0226 = 2023 PLRonline 437602 (SC)]

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Inference – Adverse inference

CPC S. 24 – Cardinal principle for exercise of power under S. 24 is that the ends of justice should demand the transfer. (2022-4)208 PLR 512 (SC), 2023 SCeJ 0223

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Central Excise Tariff Act S. 11(A) - Notices in the present cases having been issued more than decade back and the proceedings having not been concluded within reasonable time, the same deserves to be quashed

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Guardian and Wards Act, 1890,  Section 26  – Relocation  – We take serious note of the Father, without notifying or taking the permission of the Civil Judge, leaving its jurisdiction along with the minor  – Prima facie this undermines the authority of the court and it may even tantamount to contempt of court

by Punjab Law Reporter
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Hindu Minority and Guardianship Act, 1956  (32 of 1956)   – Guardian and Wards Act, 1890,  Section 26  – Relocation  – We take serious note of the Father, without notifying or taking the permission of the Civil Judge, leaving its jurisdiction along with the minor  – Prima facie this undermines the authority of the court and it may even tantamount to contempt of court – Section 26 of the G and W Act has been violated and that too by a person who has not been appointed as the guardian – Relocation is now a well-known legal concept – Since movement of persons from one place to another or one State to another State of the country or even from one country to another country of the globe is no longer a rarity – Very often it becomes necessary because the parent having custody of the child finds a more suitable employment somewhere else –  The entitlement of the left behind spouse has, therefore, to be jurally investigated – The Mother may want to relocate to the United States where she can be very gainfully employed as against the Father who has not been able to disclose any income or sources of regular income – But this is not the case or stage before us – Here, the Father ought not to have left the jurisdiction of the court in Goa which was discharging its duties as parens patriae.

read here : 2015 PLRonline 0108

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Tags: Guardian and Wards Act S. 26, Hindu Minority and Guardianship Act
Tags: Guardian and Wards Act S. 26Hindu Minority and Guardianship Act

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