dated 31.12.2015.] (a) he becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay
Australia) has laid down certain
indicators to determine the meaning of “de facto relationship”, which are
as follows:
“13A . De facto relationship and de facto ... references to
(1) A reference in a written law to a de facto relationship
shall be construed as a reference to a relationship (other than
binding as if they were the acts of officers de
jure [478 H]
The de facto doctrine is founded on good sense, sound
policy ... judgments pronounced and acts done by a Judge de
485
jure. Such is the de facto doctrine, born of necessity and
public policy to prevent
Section 11 in The Hindu Minority And Guardianship Act, 1956
11. De facto guardian not to deal with minor’s property.—
After the commencement ... minor merely on the ground of his or her being the de facto guardian of the minor
laid down certain indicators to determine the meaning of "de facto relationship", which are as follows:
"13A . De facto relationship and de ... references to
(1) A reference in a written law to a de facto relationship shall be construed as a reference to a relationship (other than
Union Of India vs Alok Kumar on 16 April, 2010
Equivalent citations: AIR 2010 SUPREME
complainant is an incorporeal body, there is a
complainant -- de jure, and a complainant -- de facto. Clause (a) of the
proviso to section 200 provides ... corporate it is the de jure complainant, and it must necessarily associate a
human being as de facto complainant to represent the former in court
Respondent no. 1 (hereinafter
Signature Not Verified
referred to as “de facto complainant”) lodged complaint against
Digitally signed by
ASHWANI KUMAR
Date ... rowdy elements armed with deadly weapons entered the
premises of the de facto complainant and threatened his staff.
They started damaging all the valuables like
sweat shirts" for
export.
10. As far as the De facto complainant is
concerned, the de facto complainant was not
approached ... Development or Manhattan Ltd. TMS
Fashions Pvt. Ltd. alone contacted the de facto
complainant and persuaded them to manufacture
the specified goods for export
that the sale by the infant's de facto guardian, made for a valid necessity, was binding on the infant. The Lower Courts decreed ... propositions .first, that as regards the powers of guardians, de jure as well as de facto, the Mahome-dan law recognises no distinction