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Section 61: Power of Court to make rules

Indian Lunacy Act 1912Union territory Act of Chandigarh · Act 4 of 1912

The Court may, from time to time, make rules for the purpose of carrying into effect the provisions of this Chapter in matters of lunatic.

CHAPTER V Proceedings in Lunacy outside Presidency-towns Inquisition Comment All orders passed under Chapter V are appealable.—-There is no provision in Chapter V, Lunacy Act, for the removal of a guardian or manager of a lunatic when the 23 lunatic dies. In this respect, the provisions of the Lunatic Act resemble those of the Guardians and Wards Act. But a manager can continue only so long as the lunatic is alive. When the lunatic dies, the lunacy I jurisdiction comes to an end and the Court must pass some order about the property in the hands of the manager. If the title to the property be in dispute, the Court may either decide the issue or a>k the manager to file an inter-pleader suit. But whichever course is followed, the order of the Court will be referable to the jurisdiction exercised over the property of the lunatic under Chapter V and the order must be deemed to be an order under that Chapter. Under Sec. 83 of the Lunacy Act and appeal lies against an order made under Chapter Y of the Act. Section 83 of the Lunacy Act is different from Sec 47, Guardians and Wards Act. In the latter Act only orders passed under certain sections of the Act are appealable. Section 83 of the Lunacy Act, does not enumerate the order which alone arc appealable but makes all orders passed under Chapter Y appealable to the High Courts.1

Where this provision sits

ActIndian Lunacy Act 1912
Section61
Marginal notePower of Court to make rules
JurisdictionUnion territory of Chandigarh
StatusIn force as published by the source

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