Guardians-and-Wards-Act-1890-MCQs judiciary
62 questions
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Question 1 of 62
Under Section 25(3), does a ward's residence against his guardian's will, with a person who is not his guardian, automatically terminate the guardianship?
ExplanationNo — Under Section 25(3), does a ward's residence against his guardian's will, with a person who is not his guardian, automatically terminate the guardianship.
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Question 2 of 62
Under Section 17(2), what specific factors must the Court have regard to in considering the minor's welfare?
ExplanationThe age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin, the wishes of a deceased parent, and any existing relations between the guardian and the minor or his property — Under Section 17(2), what specific factors must the Court have regard to in considering the minor's welfare.
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Question 3 of 62
Under Section 47, to which court does an appeal generally lie from an order made by the (District) Court under this Act?
ExplanationA proviso directs the appeal instead to the District Court where the original order was passed by an officer subordinate to a District Court.
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Question 4 of 62
Under Section 34, if required by the Court, what must a non-Collector guardian of property generally do?
ExplanationGive a bond to account for property received, deliver a statement of the ward's property within a set time, exhibit accounts, pay any balance due into Court, and apply income for the ward's maintenance/education as directed — Under Section 34, if required by the Court, what must a non-Collector guardian of property generally do.
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Question 5 of 62
Under Section 4, how is a 'ward' defined?
ExplanationA minor for whose person or property, or both, there is a guardian — Under Section 4, how is a 'ward' defined.
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Question 6 of 62
Under Section 8, who is entitled to apply for an order appointing or declaring a guardian?
ExplanationThe person desirous of being guardian, any relative or friend of the minor, or the Collector of the relevant district or local area — Under Section 8, who is entitled to apply for an order appointing or declaring a guardian.
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Question 7 of 62
Under Section 19, is the Court generally authorized to appoint a guardian of the person of a minor whose father is living and, in the Court's opinion, not unfit?
ExplanationNo — Under Section 19, is the Court generally authorized to appoint a guardian of the person of a minor whose father is living and, in the Court's opinion, not unfit.
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Question 8 of 62
Under Section 10, in what form must an application not made by the Collector generally be submitted?
ExplanationBy petition signed and verified in the manner prescribed by the CPC for a plaint — Under Section 10, in what form must an application not made by the Collector generally be submitted.
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Question 9 of 62
Under Section 14, what must happen if guardianship proceedings for the same minor are pending in more than one Court?
ExplanationEach Court, upon being apprised of the other proceedings, shall stay its own proceedings — Under Section 14, what must happen if guardianship proceedings for the same minor are pending in more than one Court.
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Question 10 of 62
Under Section 35, where a guardian has given an administration-bond and has broken its engagement, what may the Court do?
ExplanationAssign the bond to a proper person, who may then sue on it in his own name as trustee for the ward — Under Section 35, where a guardian has given an administration-bond and has broken its engagement, what may the Court do.
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Question 11 of 62
Under Section 4, how is a 'minor' defined?
ExplanationA person who, under the Majority Act, 1875, is to be deemed not to have attained his majority — Under Section 4, how is a 'minor' defined.
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Question 12 of 62
Under Section 7, on what basis may the Court make an order appointing or declaring a guardian?
ExplanationWhere the Court is satisfied that it is for the welfare of the minor — Under Section 7, on what basis may the Court make an order appointing or declaring a guardian.
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Question 13 of 62
Under Section 43(1), may the Court make an order regulating the conduct or proceedings of a guardian, on its own motion?
ExplanationYes — Under Section 43(1), may the Court make an order regulating the conduct or proceedings of a guardian, on its own motion.
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Question 14 of 62
Under Section 15(1), may the Court appoint two or more joint guardians of a minor's person or property?
ExplanationYes, if the law to which the minor is subject admits of joint guardianship — Under Section 15(1), may the Court appoint two or more joint guardians of a minor's person or property.
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Question 15 of 62
Under Section 22(1), is a guardian appointed by the Court entitled to any allowance for his care and pains?
ExplanationYes, such allowance, if any, as the Court thinks fit — Under Section 22(1), is a guardian appointed by the Court entitled to any allowance for his care and pains.
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Question 16 of 62
Under Section 30, what is the effect of a guardian disposing of immovable property in contravention of Section 28 or Section 29?
ExplanationThe disposal is voidable at the instance of any other person affected by it — Under Section 30, what is the effect of a guardian disposing of immovable property in contravention of Section 28 or Section 29.
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Question 17 of 62
Under Section 41(2), which of the following causes the powers of a guardian of PROPERTY to cease?
ExplanationDeath, removal, or discharge; the Court of Wards assuming superintendence of the property; or the ward ceasing to be a minor — Under Section 41(2), which of the following causes the powers of a guardian of PROPERTY to cease.
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Question 18 of 62
Under Section 17(3), if the minor is old enough to form an intelligent preference, may the Court consider that preference?
ExplanationYes — Under Section 17(3), if the minor is old enough to form an intelligent preference, may the Court consider that preference.
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Question 19 of 62
Under Section 4, how is 'Collector' defined?
ExplanationThe chief officer-in-charge of the revenue-administration of a district, including any officer so appointed by notification — Under Section 4, how is 'Collector' defined.
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Question 20 of 62
On what date did the Guardians and Wards Act, 1890 come into force?
ExplanationThe Act received assent on 21st March 1890 but came into force later.
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Question 21 of 62
Under Section 4, what does 'District Court' include, in addition to its meaning under the CPC?
ExplanationA High Court in the exercise of its ordinary original civil jurisdiction — Under Section 4, what does 'District Court' include, in addition to its meaning under the CPC.
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Question 22 of 62
Under Section 50(2), when do rules made by the High Court under this Act take effect?
ExplanationOnly after publication in the official Gazette (and, for certain clauses, after Provincial Government approval) — Under Section 50(2), when do rules made by the High Court under this Act take effect.
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Question 23 of 62
Under Section 38, what happens to the guardianship on the death of one of two or more joint guardians?
ExplanationIt continues to the survivor(s) until a further appointment is made by the Court — Under Section 38, what happens to the guardianship on the death of one of two or more joint guardians.
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Question 24 of 62
Under Section 29(b), what is the maximum lease term a guardian may generally grant over the ward's property without the Court's previous permission?
Explanation5 years, or a term extending no more than one year beyond the ward's minority, without such permission being required beyond those limits — Under Section 29(b), what is the maximum lease term a guardian may generally grant over the ward's property without the Court's previous permission.
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Question 25 of 62
Under Section 26(1), may a guardian of the person (other than the Collector or a testamentary guardian) remove the ward beyond the Court's jurisdiction without leave of the Court?
ExplanationNo — Under Section 26(1), may a guardian of the person (other than the Collector or a testamentary guardian) remove the ward beyond the Court's jurisdiction without leave of the Court.
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Question 26 of 62
Under Section 43(4), how may an order under Section 43 be enforced in case of disobedience?
ExplanationIn the same manner as an injunction granted under Order XXXIX, Rules 1 and 2 of the CPC — Under Section 43(4), how may an order under Section 43 be enforced in case of disobedience.
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Question 27 of 62
Under Section 15(4), may separate guardians be appointed for the person and for the property of a minor?
ExplanationYes — Under Section 15(4), may separate guardians be appointed for the person and for the property of a minor.
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Question 28 of 62
Under Section 20(1), what fiduciary restriction applies to a guardian regarding his office?
ExplanationHe must not make any profit out of his office, save as provided by the appointing instrument or by the Act — Under Section 20(1), what fiduciary restriction applies to a guardian regarding his office.
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Question 29 of 62
Under Section 33(1), may a guardian appointed by the Court apply to that Court for its opinion, advice, or direction on a question respecting management of the ward's property?
ExplanationYes — Under Section 33(1), may a guardian appointed by the Court apply to that Court for its opinion, advice, or direction on a question respecting management of the ward's property.
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Question 30 of 62
Under Section 29, without the Court's previous permission, may a guardian (other than the Collector or a testamentary guardian) mortgage, sell, or otherwise transfer immovable property of the ward?
ExplanationNo — Under Section 29, without the Court's previous permission, may a guardian (other than the Collector or a testamentary guardian) mortgage, sell, or otherwise transfer immovable property of the ward.
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Question 31 of 62
Under Section 45(1), what is the maximum aggregate fine for contumacy (e.g. failing to deliver a required statement or exhibit accounts), including daily default fines?
ExplanationRs.500 in the aggregate, after an initial fine not exceeding Rs.100 plus up to Rs.10 per day of continued default — Under Section 45(1), what is the maximum aggregate fine for contumacy (e.g. failing to deliver a required statement or exhibit accounts), including daily default fines.
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Question 32 of 62
Under Section 4-A(2), may the Judge of a District Court transfer a pending proceeding under this Act to an empowered subordinate officer?
ExplanationYes, by order in writing, at any stage — Under Section 4-A(2), may the Judge of a District Court transfer a pending proceeding under this Act to an empowered subordinate officer.
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Question 33 of 62
Under Section 44, what is the penalty for a court-appointed guardian who removes a ward from the Court's jurisdiction in contravention of Section 26, for the purpose of preventing the Court's authority?
ExplanationA fine not exceeding Rs.1,000, or imprisonment in civil jail for a term extending up to 6 months — Under Section 44, what is the penalty for a court-appointed guardian who removes a ward from the Court's jurisdiction in contravention of Section 26, for the purpose of preventing the Court's authority.
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Question 34 of 62
Under Section 19(a), is the Court generally authorized to appoint a guardian of the person of a married female minor whose husband is not, in the Court's opinion, unfit?
ExplanationNo — Under Section 19(a), is the Court generally authorized to appoint a guardian of the person of a married female minor whose husband is not, in the Court's opinion, unfit.
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Question 35 of 62
Under Section 4, what does 'prescribed' mean?
ExplanationPrescribed by rules made by the High Court under this Act — Under Section 4, what does 'prescribed' mean.
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Question 36 of 62
Under Section 40, if a guardian appointed by the Court wishes to resign, what must he do?
ExplanationApply to the Court to be discharged — Under Section 40, if a guardian appointed by the Court wishes to resign, what must he do.
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Question 37 of 62
Under Section 25(1), what may the Court do if a ward leaves or is removed from the custody of his guardian, and it would be for his welfare to return?
ExplanationMake an order for his return, and, to enforce it, cause the ward to be arrested and delivered to the guardian's custody — Under Section 25(1), what may the Court do if a ward leaves or is removed from the custody of his guardian, and it would be for his welfare to return.
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Question 38 of 62
Under Section 48, save for orders appealable under Section 47 (and Section 115 CPC), what is the general status of an order made under this Act?
ExplanationFinal, and not liable to be contested by suit or otherwise — Under Section 48, save for orders appealable under Section 47 (and Section 115 CPC), what is the general status of an order made under this Act.
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Question 39 of 62
Under Section 47, is an order appointing or declaring (or refusing to appoint or declare) a guardian under Section 7 appealable?
ExplanationYes — Under Section 47, is an order appointing or declaring (or refusing to appoint or declare) a guardian under Section 7 appealable.
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Question 40 of 62
Under Section 50(1), who has the power to make rules consistent with this Act, regarding matters such as guardians' allowances, security, and account procedures?
ExplanationThe High Court — Under Section 50(1), who has the power to make rules consistent with this Act, regarding matters such as guardians' allowances, security, and account procedures.
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Question 41 of 62
Under Section 9(2), to which Court(s) may an application regarding guardianship of the PROPERTY of a minor be made?
ExplanationEither the District Court where the minor ordinarily resides, or the District Court where he has property — Under Section 9(2), to which Court(s) may an application regarding guardianship of the PROPERTY of a minor be made.
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Question 42 of 62
Under Section 24, what is a guardian of the person of a ward charged with?
ExplanationThe custody of the ward, and looking to his support, health and education — Under Section 24, what is a guardian of the person of a ward charged with.
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Question 43 of 62
Under Section 10(3), what must accompany an application for appointment of a guardian?
ExplanationA declaration of the willingness of the proposed guardian to act, signed by him and attested by at least two witnesses — Under Section 10(3), what must accompany an application for appointment of a guardian.
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Question 44 of 62
Under Section 47, is an order removing a guardian under Section 39 appealable?
ExplanationYes — Under Section 47, is an order removing a guardian under Section 39 appealable.
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Question 45 of 62
Under Section 17(1), what standard guides the Court in appointing or declaring a guardian?
ExplanationWhat, consistent with the law to which the minor is subject, appears to be for the welfare of the minor — Under Section 17(1), what standard guides the Court in appointing or declaring a guardian.
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Question 46 of 62
Under Section 4, how is a 'guardian' defined?
ExplanationA person having the care of the person of a minor, or of his property, or of both — Under Section 4, how is a 'guardian' defined.
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Question 47 of 62
Under Section 27, what standard of care must a guardian of property apply in dealing with the ward's property?
ExplanationAs careful as a man of ordinary prudence would deal with it if it were his own — Under Section 27, what standard of care must a guardian of property apply in dealing with the ward's property.
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Question 48 of 62
Under Section 21, is a minor generally competent to act as guardian of another minor?
ExplanationNo, except his own wife or child (or, as managing member of an undivided Hindu family, the wife or child of another minor member) — Under Section 21, is a minor generally competent to act as guardian of another minor.
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Question 49 of 62
Under Section 42, when a guardian dies, is discharged, or is removed, what may the Court do?
ExplanationOf its own motion, appoint or declare another guardian of the person or property, or both, as the case may be — Under Section 42, when a guardian dies, is discharged, or is removed, what may the Court do.
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Question 50 of 62
Under Section 41(1), which of the following causes the powers of a guardian of the PERSON to cease?
ExplanationDeath, removal, or discharge of the guardian; the ward ceasing to be a minor; or, for a female ward, her marriage to a husband who is not unfit — Under Section 41(1), which of the following causes the powers of a guardian of the PERSON to cease.
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Question 51 of 62
Under Section 39, which of the following is listed as a ground for removal of a guardian?
ExplanationAbuse of trust, continued failure to perform duties, incapacity, ill-treatment or neglect of the ward, or having an interest adverse to faithful performance of duties — Under Section 39, which of the following is listed as a ground for removal of a guardian.
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Question 52 of 62
Under Section 12(3)(a), may the Court place a female minor in the temporary custody of a person claiming to be her guardian merely on the ground of being her husband?
ExplanationNo, unless she is already in his custody with her parents' consent — Under Section 12(3)(a), may the Court place a female minor in the temporary custody of a person claiming to be her guardian merely on the ground of being her husband.
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Question 53 of 62
Under Section 31(1), on what basis may the Court grant permission for a guardian to do an act mentioned in Section 29?
ExplanationOnly in case of necessity or for an evident advantage to the ward — Under Section 31(1), on what basis may the Court grant permission for a guardian to do an act mentioned in Section 29.
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Question 54 of 62
Under Section 4-A, who may empower a subordinate officer to dispose of proceedings under this Act?
ExplanationThe High Court, by general or special order — Under Section 4-A, who may empower a subordinate officer to dispose of proceedings under this Act.
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Question 55 of 62
Under Section 49, whose discretion generally governs the costs of a proceeding under this Act?
ExplanationThe discretion of the Court in which the proceeding is had, subject to any High Court rules — Under Section 49, whose discretion generally governs the costs of a proceeding under this Act.
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Question 56 of 62
Under Section 34-A, may the Court appoint a person to audit a guardian's accounts, with remuneration paid from the ward's property income?
ExplanationYes — Under Section 34-A, may the Court appoint a person to audit a guardian's accounts, with remuneration paid from the ward's property income.
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Question 57 of 62
Under Section 46, may the Court call upon the Collector or a subordinate Court for a report on any matter arising in a proceeding under this Act?
ExplanationYes, and the Court may treat the report as evidence — Under Section 46, may the Court call upon the Collector or a subordinate Court for a report on any matter arising in a proceeding under this Act.
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Question 58 of 62
Under Section 36(1), where no administration-bond was taken, may a person, with the Court's leave, institute a suit as next friend against the guardian for an account of what he has received?
ExplanationYes, at any time during the ward's minority — Under Section 36(1), where no administration-bond was taken, may a person, with the Court's leave, institute a suit as next friend against the guardian for an account of what he has received.
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Question 59 of 62
Under Section 12(1)'s proviso (as amended in 2008), for children below what ages must the Court pass an interim custody order in favour of the mother on the first hearing date, with visiting rights to the father?
ExplanationThis 2008 amendment establishes a presumption of interim maternal custody for young children.
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Question 60 of 62
Under Section 17(5), may the Court appoint or declare a person to be guardian against that person's will?
ExplanationNo — Under Section 17(5), may the Court appoint or declare a person to be guardian against that person's will.
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Question 61 of 62
Under Section 9(1), to which Court must an application regarding guardianship of the person of a minor be made?
ExplanationThe District Court having jurisdiction in the place where the minor ordinarily resides — Under Section 9(1), to which Court must an application regarding guardianship of the person of a minor be made.
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Question 62 of 62
Under Section 39(i), for a guardian of property specifically, what additional ground for removal exists?
ExplanationBankruptcy or insolvency — Under Section 39(i), for a guardian of property specifically, what additional ground for removal exists.
0 / 62 answered
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