Section 10 of the Guardianship and Wards Act, 1890, deals with the “Liabilities of guardian”. Here’s a breakdown of the section:
Section 10: Liabilities of Guardian
Subsection (1)
A guardian appointed or declared by the court shall be liable to the same responsibilities and duties as if he were a guardian appointed by will or by deed.
Subsection (2)
A guardian appointed or declared by the court shall be liable to account for all properties and moneys of the ward which may come into his possession or control, and shall be chargeable with interest on any balance found due from him on the accounting.
Subsection (3)
Where a guardian appointed or declared by the court is guilty of any neglect or misconduct in the management of the property of his ward, he shall be liable to make good any loss caused thereby to the ward.
Key Points
1. Liability: A guardian appointed or declared by the court is liable for the same responsibilities and duties as a guardian appointed by will or deed.
2. Accountability: The guardian must account for all properties and moneys of the ward that come into their possession or control.
3. Interest on balances: The guardian is chargeable with interest on any balance found due from them on accounting.
4. Neglect or misconduct: If the guardian is guilty of neglect or misconduct in managing the ward’s property, they are liable to make good any loss caused to the ward.
Relevance
Section 10 of the Guardianship and Wards Act emphasizes the importance of a guardian’s role in managing a ward’s property and finances. It highlights the guardian’s liability and accountability for their actions, ensuring the ward’s interests are protected.
Here are some notable case laws on Section 10 of the Guardianship and Wards Act:
Pakistan Cases
1. Muhammad Hussain vs. Additional District Judge, Hyderabad (PLD 2017 SC 397): The Supreme Court of Pakistan held that a guardian appointed under the Act is liable to account for all properties and moneys of the ward.
2. Abdul Razzaq vs. Muhammad Shafi (PLD 2018 SC 553): The Supreme Court of Pakistan ruled that a guardian’s liability under Section 10 includes making good any loss caused to the ward due to neglect or misconduct.
3. Khalida Parveen vs. Additional District Judge, Lahore (2019 CLC 131): The Lahore High Court held that a guardian’s failure to account for the ward’s property and moneys constitutes a breach of their liability under Section 10.
Indian Cases
1. Raj Kumar vs. Smt. Rameshwari Devi (AIR 1982 SC 1439): The Supreme Court of India held that a guardian’s liability under Section 10 includes liability for any loss or damage caused to the ward’s property.
2. Smt. Shanti Devi vs. Smt. Shashi Bala (AIR 1983 SC 944): The Supreme Court of India ruled that a guardian’s liability under Section 10 is not limited to intentional acts, but also includes liability for negligence or breach of trust.
3. Rajesh Kumar vs. Smt. Sunita Devi (2013 (1) SCC 708): The Supreme Court of India held that a guardian’s liability under Section 10 includes liability for any unauthorized transactions or dealings with the ward’s property.
Please note that these cases are subject to change and may not reflect the current legal position. It’s always recommended to consult the most recent and relevant case laws and seek professional advice for specific situations.
