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Description
Theissues arising out of guardianship of wards pose burning questionsforanswers and their ramification is a big challenge. Thedistinguishedauthor, Mr. Justice Ajit K. Sengupta, has brought intouse his richexperiences in the bench to bring out the fifteenthedition of B.B.Mitra's celebrated book on Guardians & Wards Act.
The changing concept of guardianship
Inthe early days, guardianship was more a right than anobligation.Guardianship was rooted in the feudal system, largelyconcerned withthe property of the child heir. With industrialisationsweeping allover the world, a shift has taken place. In 1989, theUnited Nationsadopted the convention on the Rights of the child. Till20O3, thisconvention has been ratified by 192 countries. U.K. has madethe mostsuccessful international instrument. The term 'custody' meanstherights and responsibilities to make decisions on behalf of achild,including those related to the child health, education anddiscipline.The Indian Law originating from the Hindu patriarchal familyand huedalso with the Mahomedan legal concept has responded adequatelyto theneeds of the hour. The changing concepts reshaping the lawsindifferent countries have been well structured in this unique treatise.
Widene coverage of this edition
Thearea of laws governing guardians and wards has been embroideredwith theprinciples behind the Children Act 1989 passed by the BritishParliamentrepealing several of the earlier English statutes updatedbyilluminating decisions of the Courts of England. The welfareapproachestherein are of significant reference in the Indian context aswell.Besides, the Indian Majority Act 1875, the Family Courts Act 1984,theHindu Minority & Guardianship Act 1956 have their inevitableeffecton the laws on Guardians and Wards. The regulatory control ofadoptionof children by foreigners, the role of guardians de jure and defactoand of testamentary guardians, the issues of protection ofminor'sproperties, problems arising out of marital breakdown, unwedmothersbearing child, abandoned children - all these emerge asimportantfactors in the domain of the law under discussion. Theskilfultreatment of all these aspects together with the judicialdecisions inthe light of the changing society in an era ofglobalisation and a newyouth culture founded on individualism haverendered a unique touch tothe present edition.
A rich accretion to legal literature
Thisoutstanding work of the legendary B.B. Mitra's classic on thesubjectreoriented by the mighty pen of an erudite scholar elevatesthis editionto a distinctive place in legal literature. The book issure to create astir in the practising world as a reliable guide andbenefit the bar andthe bench alike. The others who are concerned withthe subject will findthe book extremely educative.
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Contents
Introduction
Chapter 1 - Preliminary
1.    Title, extent and commencement
2.    [Repealed]
3.    Saving of jurisdiction of Courts of Wards and Chartered High Courts
4.    Definitions
4A. Power to confer jurisdiction on subordinate judicial officers and to transfer
       proceedings to such officers
Chapter 2 - Appointment and Declaration of Guardians
5.    Power of parents to appoint in case of European British subjects [Repealed]
6.    Saving of power to appoint in other cases
7.    Power of the Court to make order as to guardianship
8.    Persons entitled to apply for order
9.    Court having jurisdiction to entertain application
10.  Form of application
11.  Procedure on admission of application
12.  Power to make interlocutory order for production of minor and interim
       protection of person and property
13.  Hearing of evidence before making of order
14.  Simultaneous proceedings in different Courts
15.  Appointment or declaration of several guardians
16.  Appointment or declaration of guardian for property beyond jurisdiction of the Court
17.  Matters to be considered by the Court in appointing guardian
18.  Appointment or declaration of Collector in virtue of office
19.  Guardian not to be appointed by the Court in certain cases
Chapter 3 - Duties, Rights and Liabilities of Guardians
General
20.  Fiduciary relation of guardian to ward
21.  Capacity of minors to act as guardians
22.  Remuneration of guardian
23.  Control of Collector as guardian
Guardian of the person
24.  Duties of guardian of the person
25.  Title of guardian to custody of ward
26.  Removal of ward from jurisdiction
Guardian of property
27.  Duties of guardian of property
28.  Powers of testamentary guardian
29.  Limitation of powers of guardian of property appointed or declared by the Court
30.  Voidability of transfers made in contravention of section 28 or section 29
31.  Practice with respect to permitting transfers under section 29
32.  Variation of powers of guardian of property appointed or declared by the Court
33.  Right of guardian so appointed or declared to apply to the Court for opinion
       in management of property of ward
34.  Obligations on guardian of property appointed or declared by the Court
34A. Power to award remuneration for auditing accounts
35.  Suit against guardian where administration-bond was taken
36.  Suit against guardian where administration-bond was not taken
37.  General liability of guardian as trustee
Termination of guardianship
38.  Right of survivorship among joint guardians
39.  Removal of guardian
40.  Discharge of guardian
41.  Cessation of authority of guardian
42.  Appointment of successor to guardian dead, discharged or removed
Chapter 4 - Supplemental Provisions
43.  Orders for regulating conduct or proceedings of guardians, and enforcement
       of those orders
44.  Penalty for removal of ward from jurisdiction
45.  Penalty for contumacy
46.  Reports by Collectors and subordinate Courts
47.  Orders appealable
48.  Finality of other orders
49.  Costs
50.  Power of High Court to make rules
51.  Applicability of Act to guardians already appointed by Court
52.  Amendment of the Indian Majority Act [Repealed]
53.  Amendment of Chapter XXXI of the Code of Civil Procedure [Repealed]
The Schedule [Repealed]
Appendices
1.  Rules framed under section 50 of the Guardians and Wards Act, 1890
2.  The Hindu Minority and Guardianship Act, 1956
3.  The Indian Majority Act, 1875
4.  The Family Courts Act, 1984
5.  The West Bengal Children Act, 1959
6.  Specimen Forms
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Author Details
B.B. Mitra
Fifteenth Edition Edited by
Ajit K. Sengupta, M.A., LL.B of Inner Temple, Barrister, Former Judge of Calcutta & Allahabad High Courts
Assisted by
Tapati Sengupta, MA, LLM, PhD, Former Principal, South Calcutta Law College, Calcutta
AmganaSengupta, LLB-Hons (London), LLM (Cantab), LLM (Duke), of InnerTemple,Barrister, Attorney-at-Law (New York), Advocate, High Court,Calcutta
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