Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the forfeiture order was liable to be set aside for want of proper service of notice under section 6(2) on the minor ostensible owner and for proceeding ex parte without securing proper representation of the minor.
Analysis: The minor was the ostensible owner of the properties and was entitled to notice under section 6(2). Service by registered post through the natural guardian did not become effective when the guardian refused to accept the notice. Once the authority knew that the notice had not been accepted on behalf of the minor, it was incumbent on it to ensure proper representation for the minor in the proceedings, including by appointing a guardian if necessary. Proceeding ex parte against the minor without taking such steps rendered the service and the resulting forfeiture proceedings defective.
Conclusion: The notice under section 6(2) was not duly served on the minor, the ex parte proceedings were not valid, and the forfeiture order was liable to be set aside.