Bombay High Court
Harald Hamre & Elin Aasland Hamre, Norwegian Nationals
Versus
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Decided On:

Headnote:Sections 15(2), Second Proviso 40 and 46-Stay in juvenile home Juvenile remanded to juvenile home -Period of stay therein can be reduced by Board or by State Government.

       Clause 17-Guardians and Wards Act 1890, Section 3-Juvenile Justice Act 1986, Section 7 (3)-Jurisdiction of Letters Patent Court-It can exercise all powers conferred on Board Juvenile Court in respect of neglected juvenile.-Considering the power that has been conferred on this Court by clause 17 of the Letters Patent read with Section 3 of the Guardians and Wards Act also Section 7 (3) of the Juvenile Act when such matter comes to this Court, this Court can exercise all the powers conferred on the Board or Juvenile Court. Such a power would include the power which the Board had to reduce the terms by virtue of the second proviso to subsection (2) of section 15 of the Juvenile Act. In that light of the matter in respect of a neglected juvenile where an order has been passed by the Board this Court apart from appointing a Guardian can pass orders under sub-section (2) of Section 26 of the Guardians and Wards Act, 1890. In the light of the matter this Court has jurisdiction to enterain and dispose of these petitions in respect of a neglected Juvenile in respect of whom temporary guardianship was granted under the Juvenile Justice Act.

       Sections 24 and 26-Appointment of a person as guardian of minor under Section 24 of Act by Court Such person cannot remove minor ward from limits of jurisdiction of that Court without leave of Court. Under Section 24 once a person is appointed as a Guardian unless he is the Collector or is a guardian appointed by will or other instrument, shall not, without the leave of the Court by which he was appointed or declared, remove the ward from the limits of its jurisdiction except for such purposes as may be prescribed. In other words once a Court appoints guardian on for the minor such a minor cannot be removed outside the jurisdiction of the Court without the leave of the Court.

       For Citation : AIR 1999 Bom 325