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 6 Replies

TGK REDDI   10 September 2019

Doctor tells; Court decides.

Real Soul.... (LEGAL)     10 September 2019

Get a medical certificate and let court declare t

salim pathan (llb)     10 September 2019

court usually conduct enquiry under order 32 rule 15 of cpc if unsound person is instituting suit with his next frnd..

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     11 September 2019

1. A person who has lost his mental faculties and is unable to conduct his normal business (social, financial, emotional .... ) can be classifed as "unsound mind".  This should be duly supported by a Medical Certificate from a Doctor of the Govt. Hospital, consequent to which his legal heirs shall step into his shoes, for all futuristic legal requirements, subject to following due procedure of law.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

Swaraj Misal   06 October 2019

Husband obtained a property deed from his wife and son under a threat of commiting suicide discuss the validity of contract
ans. me please

minakshi bindhani   22 September 2021

As per your concerned query!

The definition of unsoundness of mind is not given in any statute or Law. But certain laws protect the rights of unsound people. That has been provided in the Indian penal code, 1860, Indian contract Act, and the code of civil procedure,1908

Indian penal code,1860

section 84 IPC deals with the provision which comes in the ambit of general exception, whereas it can be used as a valid defence to get exemptions from the establishment of the criminal liability and provides immunity to a person of "unsoundness of mind".
nothing is an offence that is done by a person who
1. at the time of doing it, because of unsoundness of mind,
2. is incapable of knowing the nature of the act, or
3. That he is doing what is either wrong or contrary to law.

Indian Contract Act, 1872.

Section 12 of the Indian Contract Act 1872, "a person is said to be of sound mind for the propose of making a contract, if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interest.

Civil Procedure Code, 1908
Order 32 Rule 15 apply to persons adjudged, before or during the pendency of the suit, to be of unsound mind and shall also apply to persons who, though not so adjudged, are found by the Court on enquiry to be incapable, because of any mental infirmity, of protecting their interest when suing or being sued.

Hope it clarifies the issues!
Regards
Minakshi Bindhani

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