Section 39 of The Central Provinces Court of Wards Act, 1899
No suit shall be brought in any Civil Court in respect of the exercise of any discretion conferred by this Act.
Summary
- This section protects the decisions made by officials from being challenged in standard lawsuits.
- No one is allowed to bring a case to a Civil Court regarding the exercise of "discretion" (personal judgment or choice) granted by this law.
- If the Act gives an official the power to choose between different options, a Civil Court cannot overrule that choice.
Practical examples
FAQ
1. Can I sue the Court of Wards in a Civil Court if I don't like a choice they made?
No, if that choice was an exercise of "discretion" (a judgment call) allowed by the Act, the Civil Court cannot hear the case.
2. What does "discretion" mean in this law?
It refers to the power given to officials to make their own decisions or choices in specific situations based on their judgment.
3. Does this mean officials can do whatever they want?
They must still follow the Act, but their specific choices (discretionary acts) are protected from being questioned in Civil Court.
Test yourself
Q1.Under Section 39 of The Central Provinces Court of Wards Act, 1899, which type of court is prohibited from hearing suits about the exercise of discretion?
Q2.According to Section 39 of The Central Provinces Court of Wards Act, 1899, what specific type of action is protected from being questioned in court?
Q3.Under Section 39 of The Central Provinces Court of Wards Act, 1899, if the Act says the Court of Wards "may, in its discretion" assume control of a property, can a land-holder sue in Civil Court to stop them?
Q4.Under Section 39 of The Central Provinces Court of Wards Act, 1899, what is the legal result if someone files a lawsuit in a Civil Court to challenge a judgment call made by the Court of Wards?