Gujarat High Court Civil Manual (subordinate court practice), 1960
The list of persons exempted from personal appearance in Civil Courts is given in Appendix J. Instructions for the Guidance of Guardians of Minors. 1. You are in a fiduciary relation to your ward and must not make any profit for yourself out of your office except such remuneration, if any, as the court awards, or the will or other instrument appointing you allows (Section 20). 2. You must deal with the property of your ward as carefully as a man of ordinary prudence would deal with it if it were his own (Section 27). If you fail to do so you are liable to make good the loss caused to the ward. 3. Without the previous permission of this court you shall not mortgage, charge, sell, exchange, or give away any of the property of your ward, nor shall you lease any part of it for a term exceeding five years or for any term extending more than one year beyond the date on which the ward will complete the age of 21 years (Section 29), except as required by any law for the time being in force. 4. For the maintenance, education and advancement of the ward, and of such persons as are dependent on him and for the celebration of ceremonies to which the ward or any of those persons may be a party, you may apply such portion of the income of the property of the ward as the Court from time to time directs, and if the Court so directs, the whole or any part of that property [Section 34(e)]. 5. You shall keep accounts of all income and expenditure as directed by the Court and produce the same in the Court whenever it directs you to do so. 6. Your powers as a guardian cease when the ward completes his or her 21st year [Section 41(2)], unless the Court directs otherwise. 7. If you desire to resign your office before your ward attains majority you must apply to the Court to be discharged [Section 40 (1)]. 8. Until you are discharged by the Court your responsibilities continue [Section 41(1)]. 9. You are bound by the provisions of the Guardians and Wards Act (VIII of 1890), by the rules made under it and by such orders as the Court may make from time to time. 10. You may at any time apply to the Court for advice (Section 33). 11. If you are a guardian of person— (a) you must not remove the ward from the court's jurisdiction without its permission unless you have been appointed by will or other instrument (Section 26); (b) you are charged with the custody of the ward and must look to his support, health and education (Section 24). (Paragraph 271 (8) at page 943) Form I Scheme proposed by the Guardian of the Property of a Minor for remission of the District Court. Total value of property. Particulars of property. Amount of cash held by the guardian. Description of other immovable property, if any, held in the name of the minor. Seal, if any, affixed to such property. List of investments, if any, made by the guardian in Government securities. | Income. | Estimated. | Last for past year. | For past year. | Remarks. | |---------|-----------|-------------------|---------------|----------| | Rental. | | | | | | Interest. | | | | | | Estimated. | | | | | 1. Rent of lands. 2. Rent of buildings. 3. Interest on investments in Government securities. 4. Other sources. 5. Observations of Minor's Court. 6. Other expenses. 7. Remarks. 8. Particulars in refused an absolute order of discharge and my discharge was suspended and for "or" "I was granted an order of discharge subject to the following conditions.") on or about This adjudication has been annulled on the following grounds (or "has not been annulled") (or for the above from "and on such petition" substitute) "and such petition was dismissed for the following reasons :— SCHEDULE A Referred to in Form No. 2 of Debtors' Edition. Form of list of Creditors. No. Names and residences of creditors and amount claimed. When contracted. Amount of claim. Balance Admitted or disputed. Remarks as to priority of proving Requisite date prescribed by which notice to be admitted. Form No. 9. Proof of debt—General Form—section 49. (Title). In the matter of No. (a) of 19 I, of (b) make oath and say (or solemnly and sincerely affirm and declare)— That the said was were, at the date of the petition, viz., the day of 19 and still is are justly and truly indebted to me in the sum of Rs. nP. for (c) as shown by the account endorsed hereon (or the following account), viz:— For which sum or any part thereof I say that I have not, nor hath any person by (d) order to my knowledge or belief for use had or received any manner of satisfaction or security whatsoever save and except the following (e):— Admitted to vote for Rs. Sworn at this day of before me. Deponent's Signature. Judge or Official Receiver (Signed) X. Y., Designation. himself and his family, the insolvent shall pay the surplus, if any (or such portion of such surplus as the Court may determine), of such earnings, after-acquired property, and income to the Court or Official Receiver (or receiver) for distribution among the creditors in the insolvency. An account, on the 1st day of January in every year or within 14 days thereafter, be filed in these proceedings, by the insolvent setting forth a statement of his receipts from earnings, after-acquired property, and income during the year immediately preceding the said date, and the surplus payable under this order shall be paid by the insolvent into Court or to the Official Receiver (or receiver) within 14 days of the filing of the said account. Dated this _____ day of _____ 19_____. Judge. In exercise of the powers conferred by sub-section (1) of section 70 of the Code of Civil Procedure, 1908 (V of 1908), hereinafter referred to as the said Code, and in supersession of the rules published in Government Notification in the Judicial Department, No. 499, dated the 24th January 1880, as subsequently amended, the Governor in Council is pleased to prescribe the following rules, regulating the execution of decrees transferred to the Collector for execution under the provisions of section 68 of the said Code in regard to :— (a) the transmission of such decrees from the Court to the Collector, the procedure of the Collector and his subordinates in executing the same, and the return of such decrees by the Collector to the Court ; (b) the conferring upon the Collector or any gazetted subordinate of the Collector certain powers, which the Court might have exercised in the execution of such decrees if the execution thereof had not been transferred to the Collector ; (c) appeals against certain orders passed by officers subordinate to the Collector. (c) If in the opinion of the Collector or other officer aforesaid any statement so produced is not sufficiently precise or clear, or if it shall appear to the Collector or such other officer that all the documents in the claimant's possession or power relating to the property to be sold have not been produced, he may refuse to receive such statement, and may give or refuse, as he deems fit, time for the production of a fresh statement.