Dharamal v Lord Holmpatrick and Others

Judgment Date01 January 1936
Date01 January 1936
CourtHigh Court (Irish Free State)
Lord Holmpatrick and Others

Money the property of infant - Infant domiciled in Indore, India - Right of guardian to receive infant's money.

An infant domiciled in Indore, India, was absolutely entitled to a fund in Court, and by the law of the Indore State her father as legal guardian both of her person and property was entitled to receive and give legal discharges for all moneys coming to her during minority. The father applied for payment out of the fund to him for the benefit of the infant. Held, that the father was not entitled as of right to the fund, but that the Court must be satisfied by evidence that the fund was to be applied for the benefit of the infant and in what manner. Accordingly the Court refused to pay out the corpus of the fund to the father but made an...

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2 cases
  • Tristan Dowse, an infant. Joseph Dowse and Lala Dowse v an Bord Uchtála and Attorney General
    • Ireland
    • High Court
    • 31 January 2006
    ...I.L.R.M. 266. Blunkett v. Quinn [2004] EWCA 2816 (Fam), [2005] 1 F.L.R. 648. Dharamal v. Lord Holmpatrick and Others [1935] I.R. 760; (1935) 70 I.L.T.R. 26. Northern Area Health Board v. An Bord Uchtála [2002] 4 I.R. 252; [2003] 1 I.L.R.M. 481. Pelling v. Bruce-Williams [2004] EWCA Civ 845,......
  • Attorney General v Dowse
    • Ireland
    • High Court
    • 13 January 2006
    ... ... LAW ACT 1995 S16 FAMILY LAW (DIVORCE) ACT 1996 S20 DHARAMAL v LORD HOLM-PATRICK & ORS 1935 IR 760 SUCCESSION ACT 1965 S117 ... was discussing Tristan's position with others and, apparently, seeking to find adoptive parents for him ... in Dharamal v. Lord Holmpatrick and Others [1935] I.R. 760 in relation to the principles applicable to ... ...

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