NCLAT: Consideration of Debt Restructuring by Lenders Doesn’t Bar Member from Initiating Proceedings  ||  Delhi High Court: In Matters of Medical Evaluation, Courts Should Exercise Restraint  ||  Delhi HC: Any Person in India Has Right to Legally Import Goods from Abroad and Sell the Same  ||  Delhi HC: Waiver to Section 12(5) of Arbitration Act to be Given Once Tribunal is Constituted  ||  Supreme Court Has Asked States to Regularise Existing Court Managers  ||  SC: Union & States to Create Special POSCO Courts on Top Priority  ||  SC Upholds Authority of CERC to Award Compensation for Delays  ||  SC: Arbitral Tribunal Has Discretion to Include in Sum Awarded, Interest at Rate as it Deems Reasonab  ||  SC: Cannot Use Article 142 to Frame Guidelines on Judicial Recusal  ||  SC: Satisfaction Recorder in One EP Won’t Affect Subsequent EPs for Future Breaches    

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, which it was essentially told to not question so much. The Supreme Court 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   RAJASTHAN  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved