SC: Hard to Believe Married Woman Was Lured Into Sex by False Marriage Promise; Case Quashed  ||  SC: Properties Acquired by Karta are Presumed to be Joint Hindu Family Assets unless Proven Otherwise  ||  SC: Trial Courts Must Record that Free Legal Aid was Offered to Accused Before Witness Examination  ||  SC: State Government Employees Cannot Claim Dearness Allowance Twice a Year Unless Rules Allow  ||  P&H High Court: Anticipatory Bail on Settlement Can be Revoked if Compromise is Broken  ||  Delhi High Court: Consenting Adults can Choose Life Partners Without Societal or Parental Approval  ||  Cal HC: Excessive Palm Sweating Alone Cannot Render Candidate Medically Unfit for CAPF Appointment  ||  Del HC: Mother's Right to Education and Personal Growth Cannot be Restricted Due To Custody Disputes  ||  SC: Under RTE Act, States Cannot Justify Low Teacher Pay by Citing Centre’s Failure to Release Funds  ||  Supreme Court: While a Child’s Welfare is Paramount, It is Not the Sole Factor in Custody Disputes    

Gulab Bai and Anr. v. Puniya - (Supreme Court) (07 Oct 1965)

Supreme Court clears confusions about infant Rajasthan High Court’s competence

MANU/SC/0017/1965

Civil

Fifty years ago the Supreme Court faced the unique dilemma of telling a still ‘young’ Rajasthan High Court to become besotted with its appellate authority: probably not the kind of advice it would give today. It held that a decision of the trial court under the Guardians and Wards Act, 1890, is final, unless it is appealed under Section 47 of the Act; similarly, an order passed by a Single judge of the High Court, on appeal from the trial court, is also final, subject to the Division Bench determining its jurisdiction. The Supreme Court had remanded the matter back to the High Court for disposal, determining that in a back and forth of decisions and appeals, each finding contrary to the last, the matter needed perhaps a more just finality. The order must have come as more than just a little relief to the little-mentioned ‘ward’ who had been bounced around between the Respondent ‘real’ parents and the Appellant foster parents who had looked after her for many years. With underlying notes of caste, it was the higher caste Respondents who had placed their daughter in the custody of the lower caste Appellants to “save the child” from whatever misfortune caused the Respondents to lose “some children in their infancy”.

Relevant : Union of India (UOI) vs. Mohindra Supply Company MANU/SC/0004/1961 L. Ram Sarup vs. Mt. Kaniz Ummehani MANU/UP/0056/1936

Tags : HIGH COURT   APPEAL   FINALITY  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved